HomeMy WebLinkAboutZ-8414 Staff AnalysisNovember 13, 2008
ITEM NO.: 7 FILE NO.: Z-8414
NAME: Gilbert Accessory Dwelling — Conditional Use Permit
LOCATION: 4400 Foster Street
OWNER/APPLICANT: Juanita Gilbert
PROPOSAL: A conditional use permit is requested to allow for
conversion of an accessory building on this R-3 zoned
lot into an accessory dwelling.
1. SITE LOCATION:
The property is located at the southwest corner of Foster Street and West
44th Street, near the western edge of the John Barrow area.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located near the southwest corner of the larger John
Barrow neighborhood. Surrounding uses are principally single family
residences although there are other uses nearby. Kiwanis Park is located
'/z block to the north. A nonconforming industrial use is located 2 blocks to
the south. A large, undeveloped, wooded tract is located to the west.
Single family homes are located to the north, east and south. The
residential uses become more sparce to the west. A tract containing a
single family residence and an accessory dwelling is located 1 block to the
west. The applicant proposes to utilize an existing structure for use as an
accessory dwelling to be occupied by a family member. The use appears
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 John Barrow Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKI
The existing single family residence and proposed accessory dwelling
each require one parking space.
The site contains a paved driveway and carport which will accommodate 3
vehicles. A gate off of 44th Street leads to the rear yard where additional
November 13, 2008
ITEM NO.: 7 (Cont.) FILE NO.: Z-8414
parking could be provided if needed. On -street parking is also available if
necessary.
4. SCREENING AND BUFFERS:
No comments on this single family application.
5. PUBLIC WORKS COMMEN
No Comments.
6. UTILITY FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project if Lots 1 and 2 remain as one
parcel. It western portion of Lots 1 and 2 is replatted to add an
additional lot a sewer main extension will be required with easements
to serve the additional lot. Sewer main is located in Foster Street.
Entergy: No comments received.
Centerpoint Energy: No comments received.
AT&T (SBC): No comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: No comments received.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 23, 2008)
Juanita Gilbert was present, representing the application. Staff briefly described
the proposed conditional use permit, noting that the existing accessory building
was proposed to be converted to a dwelling. Staff noted that separate utility
meters were requested. In response to a question from the Committee,
Ms. Gilbert noted that the proposed accessory dwelling would only be used by
family members.
There being no further issues for discussion, the Committee forwarded the
application to the full Commission for final action.
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November 13, 2008
ITEM NO.: 7 (Cont.
STAFF ANALYSIS:
FILE NO.: Z-8414
The R-2 zoned property located at 4400 Foster Street is occupied by a one-story,
brick and frame single family residence, a small accessory building and a 20' X
28', block accessory building. The applicant is requesting approval of a
conditional use permit to allow conversion of the 20' X 28' accessory building into
an accessory dwelling for occupancy by a family member. The building has been
painted to match the house and has a pitched, shingled roof. The property
consists of two, 50' X 148' lots. The building was used by the property owner in
the past for a hobby shop and contains water and electricity. The applicant is
requesting separate utilities.
Staff is supportive of the proposed C.U.P. The site consists of two lots, which
could be developed as two separate dwellings. The structure is existing and the
property owner will reside on site. Occupancy of the accessory dwelling is to be
by a relative of the property owner. The site is located near the fringe of the
neighborhood and allowing the proposed use should not impact nearby
properties. The 1907 bill of assurance does not address use issues. To staffs
knowledge, there are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. The property owner must reside on -site.
2. Occupancy of the accessory dwelling is to be limited to family members of the
property owner.
3. Compliance with the Utility Comments noted in Section 6 of the agenda staff
report.
Staff recommends approval of the request to have separate utilities.
PLANNING COMMISSION ACTION: (NOVEMBER 13, 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 outlined in the "staff recommendation" above. There was no further
discussion. The item was placed on the consent agenda and approved as
recommended by staff. The vote was 7 ayes, 0 noes, 2 absent and 2 open
positions.
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