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HomeMy WebLinkAboutZ-8318 Staff AnalysisMay 22, 2008 ITEM NO.: NAME: LOCATION- OWNER/APPLICANT FILE NO.: Z-8318 Shock Accessory Dwelling — Conditional Use Permit 1705 — 1711 N. Palm Street Ethan and Lara Schock/George Wittenberg PROPOSAL: A conditional use permit is requested to allow temporary use of an existing residence as an accessory dwelling. The property is zoned R-2. 1. SITE LOCATION: The property is located on the east side of N. Palm Street, south of Cantrell Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is exclusively single family in zoning and use. No doubt, other properties in the area have accessory dwellings or guest quarters. In so much as the applicant's request is temporary in nature and is created by an ordinance technicality that occurs when the main dwelling is expanded across the property line, staff believes the use to be compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Heights Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling are required to have one on -site parking space each. The principal dwelling (1711 N. Palm) will have a three -car, front loading garage during phase 1. The accessory dwelling (1705 N. Palm) has a separate driveway and parking area on the south side of the house. When the house at 1705 N. Palm is removed, the driveway for 1711 will be moved to the south and the garage converted to side loading. 4. SCREENING AND BUFFERS: No comments on this single family residential application. May 22, 2008 ITEM NO.: C (Cont.) FILE NO.: Z-8318 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Existing sewer main located under existing garage at 1711 N. Palm. Contact Little Rock Wastewater prior to construction. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. CAW wishes to abandon the old galvanized water main in the rear of these residences. A new 3-inch PVC main was installed in front of these homes and we are encouraging all residents in this area to have their meters moved to the front of their property. We hope these customers will plan to do that in conjunction with this project. CAW does not charge to relocate the meters. They would have to have their plumber tie their houseline(s) into the new meter location(s). Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (MARCH 20, 2008) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was advised to provide details concerning the connection between the house and proposed new garage. It was explained that a heated and cooled connection would make the house and garage one structure as opposed to a house and detached accessory structure. Staff explained that the setback requirements would be determined by the nature of the structure. The applicant responded that the connection was, in fact, heated and cooled. Utility and Public Works Comments were noted. 2 May 22, 2008 ITEM NO.: C FILE NO.: Z-8318 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 1711 N. Palm Street (Lots 21, 22 and 23, Cliffewood Addition) is occupied by a two-story, brick and frame, single family residence and a detached one-story, brick and frame accessory structure. The R-2 zoned property located adjacent at 1705 N. Palm Street (Lot 20, Cliffewood) is occupied by a one-story, brick and frame, single family residence and a detached one-story, stucco accessory structure. Both properties are owned by the applicants who reside at 1711 N. Palm and rent -out the residence at 1705 N. Palm. The applicants are proposing to remodel and expand their residence at 1711 N. Palm Street. During the remodeling, they will reside at 1705 N. Palm. One aspect of the remodeling project at 1711 involves the removal of the detached accessory building and the construction of a new three -car garage in its place. The new garage will be part of the house at 1711 since it will be attached by a heated and cooled connection. The new garage addition will extend across the property line onto the property at 1705 N. Palm by 3-4 feet creating a "zoning lot" with two dwellings on it. Once the remodeling of 1711 N. Palm is complete, the applicants will move back into that residence. The residence at 1705 N. Palm will remain for 2-3 years as a rental unit. The residence at 1705 N. Palm will then be removed, leaving just the one residence on all 4 lots. It is during this interim period, when both residences will exist on one single "zoning lot", that a conditional use permit to allow an accessory dwelling is required. The existing detached accessory structure on 1711 N. Palm Street has a rear yard setback of 3.4 — 4.4 feet. The new, two story garage addition will have a rear yard setback of 8.5 feet. The portion of the garage addition that extends onto the adjacent lot will have a rear yard setback of 5 feet. This involves only a foot or two of the structure. Although the rear yard setback is greater than the existing accessory structure, since the garage will be part of the principal dwelling, the setback requirement changes to 25 feet. Staff is supportive of the variance to allow a reduced rear yard setback since the garage addition replaces an existing structure and the garage would be allowed by -right if it did not have the heated and cooled "breezeway" connection to the house. Staff is supportive of the requested C.U.P. to allow a "temporary" accessory dwelling. To staffs knowledge, there are no outstanding issues. The 1924 Bill of Assurance for Cliffewood Addition does not address use issues. 3 May 22, 2008 ITEM NO.: C(Cont.)FILE NO.: Z-8318 STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. to allow use of the residence at 1705 N. Palm Street as an accessory dwelling to the principal dwelling located at 1711 N. Palm Street subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Section 6 of the agenda staff report. 2. The residence and accessory structure located at 1705 N. Palm Street (Lot 20, Cliffewood Addition) are to be removed within three (3) years of a certificate of occupancy being issued for the remodeled residence at 1711 N. Palm Street. 3. One of the dwellings must be occupied by the property owner. Staff recommends approval of a variance to allow a reduced rear yard setback for the new garage additions. PLANNING COMMISSION ACTION: (APRIL 10, 2008) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant desired to have the item deferred to the May 22, 2008 agenda to allow an opportunity to meet with neighbors to try to address their concerns. There was no further discussion. A motion was made and approved to waive the bylaws to allow the late request for deferral. The vote was 11 ayes, 0 noes and 0 absent. A motion was made and approved to defer the item to the May 22, 2008 agenda. That motion was approved by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MAY 22, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. 0