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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. 2 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. 3