HomeMy WebLinkAboutZ-8459 Staff AnalysisAugust 6, 2009
ITEM NO.: H _ FILE NO.: Z-8459
NAME: Kern Accessory Dwelling — Conditional Use Permit
LOCATION: 317 N. Spruce Street
OWNER/APPLICANT: Philip Kern and Joan McEwey
PROPOSAL: A conditional use permit is requested to allow use of
an accessory building for an accessory dwelling. The
lot is zoned R-3.
SITE LOCATION:
The property is located on the east side of Spruce Street, north of
"B" Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of R-3 zoned single-family residential
properties. There are several properties in the general area that have
similar accessory buildings although it is not clear whether they are
accessory dwellings. This structure is only 500 square feet in area and
contains one bedroom. There are no separate utilities. Staff believes the
proposed accessory dwelling is not out of character with the overall
Hillcrest area and should 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 Hillcrest Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The principal dwelling and accessory dwelling require one parking space
each. The site contains a single -wide driveway that can accommodate 3
to 4 vehicles. Although on -street parking is at a premium in this
neighborhood, it is permitted and this property has 50 feet of frontage on
the street. The alley is passable but in poor condition. It does appear to
be used on a sporadic basis and could be used to access parking spaces
which could be constructed at the rear of the lot, if necessary.
4. SCREENING AND BUFFERS:
No Comments.
August 6, 2009
ITEM NO.: H
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY. FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
CenterPoint Energy: Approved as submitted.
AT&T (SBC): No comment received.
FILE NO.: Z-8459
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: CATA bus routes are located along Lee Avenue and West
Markham Street, to the north and south of this site.
SUBDIVISION COMMITTEE COMMENT: (JUNE 4, 2009)
Joan McEwey was present. Staff presented the item and noted no additional
information was needed. Staff commented that a variance was required since
the property owners would not be occupying either dwelling. A Committee
member commented that a relative of the property was going to occupy the
house (daughter).
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-3 zoned lot located at 317 N. Spruce Street contains a one-story, frame,
single-family residential structure and a separate one-story frame accessory
building. The current property owners have recently completed remodeling the
accessory building, converting it into an accessory dwelling. After being informed
of the violation, they filed for a conditional use permit to allow the accessory
dwelling to remain.
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August 6, 2009
NO.: H (Cont.
FILE NO.: Z-8459
The accessory dwelling is 500 square feet in area and contains one bedroom,
one bath, a kitchen and living area. The structure matches the architecture of the
house. There are no separate utilities. The utilities are connected to the house.
The Code requires the property owner to occupy one of the dwellings in the R-2
and R-3 zoning districts. The property owners do not live on -site and are in the
process of moving out of state. Their daughter, who is a UAMS student,
currently resides in the house. The accessory dwelling may be used by the
property owners when they return to the City to visit or it may be rented out. The
applicants submitted a statement from a title company stating no bill of
assurance for Elmhurst Addition could be found.
Staff is supportive of the requested C.U.P. The small accessory dwelling seems
to fit within the neighborhood. There is sufficient, stacked parking on site. In an
area containing many rent units, the issue of owner occupancy does not seem to
be a crucial.
TAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to the utilities
remaining commented to the principal dwelling (no separate utilities).
Staff recommends approval of a variance to allow the accessory dwelling without
the property owner having to occupy either dwelling.
PLANNING COMMISSION ACTION: (JUNE 25, 2009)
The applicant was present. There was one objector present. There were only
6 Commissioners present. Vice -chair Yates asked the applicant if he wished to
defer the item to a later date, allowing an opportunity to meet with the objector
and in hopes that more Commissioners might be present. The applicant
responded that he would take the deferral. A motion was made to defer the item
to the August 6, 2009 meeting. The motion passed by a vote of 6 ayes, 0 noes
and 5 absent.
PLANNING COMMISSION ACTION: (AUGUST 6, 2009)
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 10 ayes, 0 noes and 1 absent.
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