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HomeMy WebLinkAboutZ-8906 Staff AnalysisMarch 20, 2014 ITEM NO.: A FILE NO.: Z-8906 NAME: Cleveland Accessory Dwelling — Conditional Use Permit LOCATION: 1402 Madison Lane OWNER/APPLICANT: Elton Cleveland/Justin Cleveland PROPOSAL: A conditional use permit is requested to allow for the construction of an accessory dwelling on this R-2 zoned 5.45 acre tract. 1. SITE LOCATION: 2 The property is located outside of the city limits, within the City's zoning jurisdiction. The property is located at the end of Leatha Lane, east off of Stewart Road, 3/ mile south of Kanis Road. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a neighborhood of large homes on large tracts. Many of the properties also include detached accessory buildings. Staff was unable to determine if any of those properties contain accessory dwellings. It is not unusual for large, estate -sized properties to contain a principal dwelling and an accessory dwelling to accommodate other family members and guests. The POA architect chairman has approved the structure and the applicant states there is another accessory dwelling on a nearby property. Staff believes the proposed dwelling is compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site. There is no registered neighborhood association in the area but the POA has approved the proposal. 3. ON SITE DRIVES AND PARKING: Access to the existing dwelling is off of Madison Lane. A second driveway off of Leatha Lane will provide access to the proposed accessory dwelling which will have a two -car garage. Drives and parking will exceed the minimum requirement of 1 space per dwelling. March 20, 2014 ITEM NO.: A Cont. FILE NO.: Z-8906 4. SCREENING AND BUFFERS: No Comment. 5. PUBLIC WORKS COMMENTS: No Comment. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: No comment received. Entergy: Entergy has no objection to this conditional use permit for the accessory dwelling. Contact Entergy when service is required. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Little Rock Fire Department - Approved as submitted. West Pulaski VFD — Approved as submitted. County Planning: No comment received. CATA: Outside of service area, no comments. 2 March 20, 2014 ITEM NO.: A Cont. FILE NO.: Z-8906 SUBDIVISION COMMITTEE COMMENT: (JANUARY 8, 2014) Elton Cleveland was present. Staff presented the item and noted little additional information was needed. Staff asked for some additional information on the proposed accessory dwelling structure. It was noted that a letter had been provided by the POA Architect Chairman indicating approval of the proposed accessory dwelling. Staff informed Mr. Cleveland and the Committee of the R-2 district requirement that the property owner occupy one of the dwellings. Mr. Cleveland stated that was the intent. The applicant was advised to respond to staff issues by Wednesday, January 15, 2014. The Committee forwarded the item to the full Commission. STAFF ANALYSIS The 5.45 acre tract located at 1402 Madison Lane is currently occupied by a large, two-story single family residence. The applicants are requesting approval of a conditional use permit to allow for construction of an accessory dwelling on the property. The property is located outside of the city limits, within the City's zoning jurisdiction. The proposed one-story, two bedroom accessory dwelling will be located near the rear of the property, behind the principal dwelling. The structure will be constructed of brick to match the house. The dwelling will have a two car garage with access via a new, paved driveway off of Leatha Lane. The property is owned by Elton and Linda Cleveland who will move into the accessory dwelling once it is completed. Their son Justin, along with his wife and children, will move into the principal dwelling. Justin and his wife will help to provide assistance to his mother who has medical needs. It is possible that an unenclosed, covered walkway will be built between the two structures. To staffs knowledge, there are no outstanding issues. There is apparently no bill of assurance for this acreage tract. The applicant states the dwelling will not be rented, but will be occupied by family members. The R-2 zoning district requires that the property owner reside in either the principal or accessory dwelling. A letter has been provided by the POA Architect Chairman stating "family owned buildings such as mother-in-law quarters have been approved as long as their design is the same design and style of the main house. No such houses may be rented or sold or inhabited by a non -family member." 3 March 20, 2014 ITEM NO.: A Cont.) FILE NO.: Z-8906 STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Section 6 of the agenda staff report. 2. One of the dwellings must be occupied by the property owner, as required in the R-2 zoning district. PLANNING COMMISSION ACTION: (JANUARY 30, 2014) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had requested deferral of the item on January 27, 2014. The reason for the deferral is to allow the applicant to work with the neighbors on issues related to restricted covenants or a bill of assurance that apparently does exist for the property. There was no further discussion. A motion was made to waive the commission's bylaws to accept the late request for deferral. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. The item was then placed on the consent agenda and approved for deferral to the March 20, 2014 meeting by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 20, 2014) The applicant was present. There were no objectors present. Staff presented the item and informed the Commission that there was apparently a bill of assurance for the unrecorded Western Edge Estates II Subdivision. The Commission was informed that the property owners had approved an amendment to the bill of assurance to allow a "guest house" on each lot. The amended bill of assurance provided to staff includes the following statement: "However, one guest house may be erected as an accessory structure on each lot; provided, that any such guest house may not be leased, rented or sublet, directly or indirectly, to any party and may not be permanently occupied by anyone other than a member of the lot owner's family. The guest house erected as an accessory structure shall be similar in style and architecture to the main residence on the lot and shall be no larger than 1,500 heated and cooled square feet." 4 March 20, 2014 ITEM NO.: A (Cont.) FILE NO.: Z-8906 Staff recommended approval of the CUP subject to the conditions as 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 by a vote of 10 ayes, 0 noes and 1 absent. 5 SUBDIVISION COMMITTEE COMMENTS JANUARY 8, 2014 ITEM NO.: 4. CLEVELAND ACCESSORY DWELLING CONDITIONAL USE PERMIT — 1402 MADISON LANE Z( 8906) Planning Staff Comments: 1. There is apparently no Bill of Assurance for this acreage tract. 2. A letter has been provided by the POA Architect Chairman stating "family owned buildings such as mother-in-law quarters have been approved as long as their design is the same design and style of the main house. No such houses may be rented or sold or inhabited by a non -family member." 3. Provide information on proposed accessory dwelling; height, materials, square footage. 4. In the R-2 zoning district, one of the dwellings must always be occupied by the property owner. Variance/Waivers: • None requested Public Works: 1. No Comments. Utilities and Fire De artment/Coun Planning: Wastewater: No comment received. Entergy: Entergy has no objection to this conditional use permit for the accessory dwelling. Contact Entergy when service is required. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Little Rock Fire Department - Approved as submitted. West Pulaski VFD — Approved as submitted. County Planning: No comment received. CATA: Outside of service area, no comments. Planning Division: No Comments. ITEM NO.: 4. CON'T Z-8905 Landscape: 1. No Comments. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday January 15, 2014. Required notices are to be sent via certified mail to all owners of properties located within two hundred (200) feet of the site no later than Wednesday January 15, 2014. The City -provided notice form must be used. Proof of notice is to be provided to staff no later than January 24, 2014.