Loading...
HomeMy WebLinkAboutZ-8498 Staff AnalysisNovember 5, 2009 ITEM NO.: 3 FILE NO.: Z-849 NAME: Dodds Duplex — Conditional Use Permit LOCATION: 2423 West 13th Street OWNER/APPLICANT- Urban Frontier, Inc./Paul Dodds PROPOSAL: A conditional use permit is requested to allow for the renovation of the existing residential structure on this R-3 zoned lot into a duplex residence. 1. SITE LOCATION: The property is located on the south side of West 13th Street, between Rice and Jones Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area consisting primarily of single family and two family residences on R-3 and R-4 zoned lots. Most of the structures are older with some dating from the 1920's. Condition of the homes ranges from very good to unsafe, boarded and vacant. The Central High School campus is located '/z block to the south. The applicant proposes to remodel the structure as a "certified historic rehabilitation", maintaining the structure's historic significance and assuring its continued compatibility 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 Central High and Capitol Hill Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The proposed duplex requires 1 % parking space per unit, a total of 3 spaces. The applicant proposes to construct 3 parking spaces at the rear of the site with access off of the alley. 4. SCREENING AND BUFFERS: No Comments. November 5, 2009 EM NO.: 3 (Cont. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. AT&T (SBC): No Comments received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: This site is not located on a CATA bus route. A bus route is located one block to the north, along West 12th Street. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 8, 2009) George Wittenberg was present representing the applicant. Staff presented the item and noted some additional information was needed. Staff asked the applicant to provide the height of the proposed fencing and to indicate the material to be used for the parking spaces. Staff asked if the duplex would be an upstairs/downstairs residence or side -by -side. The applicant was asked to provide a copy of the bill of assurance for Park Addition. Staff presented an analysis of the project based on the criteria of the recently adopted Central High Design Overlay District. Staff stated the application complied with the spirit of the DOD. There were no other issues. The applicant was advised to respond to staff issues by Wednesday, October 14, 2009. The Committee forwarded the item to the full Commission. P November 5, 2009 ITEM NO.: 3 Cont. FILE NO.: Z-8498 STAFF ANALYSIS: The R-3 zoned property located at 2423 West 13th Street is occupied by a vacant, 1920's residential structure. The structure had fallen into disrepair and has been condemned by the City. The structure apparently has had some history of use as an illegal duplex. Since purchasing the property, the applicant has invested over $28,000 on renovations; including rubbish removal, fresh paint, a new roof and a new front porch. He is requesting approval of a conditional use permit to allow for remodeling of the structure into a legal duplex residence. The house is estimated to contain approximately 1,800 square feet of living space. The applicant proposes to complete a certified historic rehabilitation of the house as two, one -bedroom, rental units. The renovation will not change the way the residence looks now other than for replacing the missing deck on the rear of structure with a larger one. All original windows will be kept and new, historic -looking front doors will be installed. Parking will be located at the rear of the property, with access off of the alley. The duplex will be downstairs on the west side and upstairs/downstairs on the east side. The picket fence in the front yard will be 4 feet in height. A 6-foot tall wood privacy fence will enclose the rear yard. There will be a small entrance pergola that will be approximately 8 feet tall and 4 feet wide. The parking at the rear of the lot will be either concrete or asphalt. The bill of assurance for Park Addition does not address use issues. The property is located within the newly approved Central High Neighborhood Design Overlay District. The application was filed prior to approval of the overlay and the property is not required to comply with the new overlay standards. However, staff believes the proposed rehabilitation of this historically significant structure does comply with the overlay. Staff analysis of the project in relation to the overlay is as follows: This project is in the proposed Central High Neighborhood Design Overlay District. The DOD regulations apply to new development, expansion of existing development, tree protection and planting, and redevelopment exceeding 50% of the structure's assessed value according to the county tax assessor minus land value. The County assessor shows the "improvements" (structures) valued at $1,000.00. This renovation exceeds the 50% threshold. The application complies with the spirit of the DOD. The DOD was approved by the Planning Commission on September 17, 2009 and is scheduled to be heard by the Board of Directors on October 20, 2009 with no exterior changes to the house (roof, exterior shell materials, orientation, entrances, setback, porches), the structure complies with the ordinance. Parking is to be provided for the 3 November 5, 2009 ITEM NO.: 3 (Cont. FILE NO.: Z-8498 tenants off the alley, a desired location according to the proposed ordinance. A driveway to the east is shared between this property and 2419 West 13th Street, which is acceptable to the proposed ordinance. There are no accessory buildings proposed. The proposed ordinance states "Mechanical Service Equipment (including air conditioner condensing units, transformers, solar collectors, satellite dishes, etc.) shall be located in the rear yard or on a rear facing roof." The locations of condensing units have not been specified. These should be in the rear yard, which will have a privacy fence surrounding it. The proposed ordinance states "Trees greater than fourteen (14) inches in diameter, measured at four and one-half (4'/2) feet above the ground, shall be protected from removal and damages in future development of the district. Any development within fifty (50) feet of any such tree shall be reviewed prior to development to assure protective measures are included and in place. Tree removal can only be done if approved by the City's Urban Forester. Penalties for violations shall be listed in Chapter 1-9. For trees in the Public Right -of -Way, see Section 15-51." "Planting of trees in areas void of shade and canopy will be conducted as follows. Tree species will be selected based on its mature size, growth, habit, and optimal site requirements. In any development that requires compliance with the provisions of this district, at least two (2) trees shall be planted in the front yard setback. Trees shall be selected from the list of appropriate trees listed in Chapter 15. Ensure that tree plantings do not interfere with above or below ground utilities, obstruct views at intersections, or cause other public safety concerns." To staff's knowledge, there are no outstanding issues. Staff is supportive of the requested C.U.P. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P., as filed. PLANNING COMMISSION ACTION: (NOVEMBER 5, 2009) The applicant was present. There were no objectors present. One letter of support and a second letter expressing concern about parking had been received by staff and forwarded to the Commission. Staff informed the Commission that 0 November 5, 2009 ITEM NO.. 3 Cont. FILE NO.; Z-8498 the applicant had determined the alley was unusable for access to the rear of the lot. The applicant has proposed to use the existing driveway off of W. 13th Street to access three parking spaces that will be located in the rear yard area of the lot. Staff recommended approval of the amended plan. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 7 ayes, 0 noes, 2 absent and 2 open positions. 5 ITEM NO.: 3. DODDS DUPLEX CONDITIONAL USE PERMIT 2423 WEST 13TH STREET Z-8498 Planning Staff Comments: 1. Will the duplex be upstairs -downstairs units? 2. Provide copy of Bill of Assurance for Park Addition (available at Pulaski County Circuit Clerk's office). 3. Indicate height of proposed fencing. 4. Indicate paving material to be used for new parking spaces. 5. Central High Neighborhood Design Overlay District Information: Conditional Use Permit — 2423 West 13`h Street This project is in the proposed Central High Neighborhood Design Overlay District. The DOD regulations apply to new development, expansion of existing development, tree protection and planting, and redevelopment exceeding 50% of the structure's assessed value according to the county tax assessor minus land value. The County assessor shows the "improvements" (structures) valued at $1,000.00. This renovation exceeds the 50% threshold. The application complies with the spirit of the DOD. The DOD was approved by the Planning Commission on September 17, 2009 and is scheduled to be heard by the Board of Directors on October 20, 2009 with no exterior changes to the house (roof, exterior shell materials, orientation, entrances, setback, porches), the structure complies with the ordinance. Parking is to be provided for the tenants off the alley, a desired location according to the proposed ordinance. A driveway to the east is shared between this property and 2419 West 13th Street, which is acceptable to the proposed ordinance. There are no accessory buildings proposed. The proposed ordinance states "Mechanical Service Equipment (including air conditioner condensing units, transformers, solar collectors, satellite dishes, etc.) shall be located in the rear yard or on a rear facing roof." The locations of condensing units have not been specified. These should be in the rear yard, which will have a privacy fence surrounding it. The proposed ordinance states "Trees greater than fourteen (14) inches in diameter, measured at four and one-half (4 ''/z) feet above the ground, shall be protected from removal and damages in future development of the district. Any development within fifty (50) feet of any such tree shall be reviewed prior to development to assure protective measures are included and in place. Tree removal can only be done if approved by the City's Urban Forester. Penalties for violations shall be listed in Chapter 1-9. For trees in the Public Right -of -Way, see Section 15-51." "Planting of trees in areas void of shade and canopy will be conducted as follows. Tree species will be selected based on its mature size, growth, habit, and optimal site requirements. In any development that requires compliance with the provisions of this district, at least two (2) trees shall be planted in the front yard setback. Trees shall be selected from the list of appropriate trees listed in Chapter 15. Ensure that tree plantings do not interfere with above or below ground utilities, obstruct views at intersections, or cause other public safety concerns." Variance/Waivers: 0 None requested. Public Works: No Comments Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No Comments Received. Centerpoint Energy: No Comments Received. AT&T (SBC): No Comments Received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: This site is not located on a CATA bus route. A bus route is located one block to the north, along West 12`h Street. Planning Division: No Comments. Landscape: No comments on this two-family residential request. Other: Submit responses to staff comments and four (4) copies of revised plan no later than Wednesday October 14, 2009. Required notices must be sent via certified mail not later than October 21, 2009 and proof of notice returned to staff no later than October 30, 2009.