HomeMy WebLinkAboutZ-8946-A Staff AnalysisMay 21, 2015
ITEM NO.: 6
FILE NO.: Z-8946-A
NAME: Bowers Street Duplexes — Revised Conditional
Use Permit
LOCATION: 4408 — 4420 Bowers Street
OWNER/APPLICANT: Stanley Phillips
PROPOSAL: A revision to a previously approved conditional use
permit is requested to allow for a reduction in the
number of trees originally proposed to be planted on
the site and to change the orientation of the finished
side of a portion of a screening fence.
STAFF ANALYSIS:
On July 24, 2014, the Commission approved a conditional use permit to allow for
the construction of two (2) duplex structures (4 units total) on this site which
consisted of 3 1/ lots. The lots were subsequently re -platted into two (2) lots so
that one (1) duplex unit was located on each lot. A shared parking lot with eight
(8) parking spaces was constructed with a single driveway off of Bowers Street.
The Commission's approval included these two conditions:
(1) A 6-foot tall opaque wood fence is to be constructed on the north and
south perimeters of the site. The fence is to be built with the finished side
facing out.
(2) Thirty-four (34) two (2) inch caliper trees are to be planted on the site as
indicated on the site plan, as proposed by the applicant.
Due to the presence of a 4-foot chainlink fence enclosing a portion of the
property adjacent to the south, this applicant was unable to place the finished
side of the fence facing out and a portion of the fence was built with the finished
side facing in. The applicant and his architect state it is not feasible to plant 34
trees on this site and are now proposing to plant 12 trees on the site. An
existing, 36 inch oak tree is also located at the southeast corner of the site, in
front of the southern duplex. The applicant has indicated the new trees will
consist of crape myrtles, Savannah hollies, Foster hollies or Emily Brunder
hollies.
May 21, 2015
ITEM NO.: 6(Cont.)FILE NO.: Z-8946-A
Staff is supportive of the changes in the approved plan to accommodate the
reduced number of trees and the orientation of a portion of the face of the
southern fence.
SUBDIVISION COMMITTEE COMMENT: (APRIL 29, 2015)
Stanley Phillips (applicant) and Kwendeche (architect) were present. Staff
presented the item and noted the changes being proposed. Mr. Phillips and
Kwendeche both explained that 34 trees could not be planted on the site and
expected to reach mature size. Staff stated they agreed and were receptive to
reducing the number of trees. It was noted that the proposed new trees would
be located in the front of the site.
The Committee determined that there were no other issues and forwarded the
item to the full Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed revisions to the approved CUP,
subject to no more than 4 of the proposed new plants being crape myrtles. The
remaining 8 new trees are to be from the proposed list of hollies or a similar
evergreen tree.
PLANNING COMMISSION ACTION: (MAY 21, 2015)
The applicant was present. There was one objector present. A letter of support
from the John Barrow Neighborhood Association had been received by staff and
forwarded to the Commissioners. Staff presented the item and a recommendation
of approval as outlined in the "staff recommendation" above.
The applicant, Stanley Phillips, addressed the commission and stated he did not
realize that the plan submitted with his initial application in fact committed him to
having to plant that many trees. He stated the site was too small to accommodate
so many trees. Mr. Phillips stated he will plant the twelve (12) trees as
recommended by staff. He stated he had tried to put in the six (6) foot fence but
was told by city staff that he could not.
Delisa Rader, of 4424 Bowers Street, addressed the commission in opposition.
She stated Mr. Phillips did not complete the fence or plant any trees until she
complained to staff. She stated Mr. Phillips was trying to get out of what was
required. Ms. Rader stated she was dealing with the other issues on the site with
LRPD.
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May 21, 2015
ITEM NO.: 6 Cant. FILE NC.: Z--8946-A
Dana Carney, Zoning and Subdivision Manager, stated six (6) foot tall fences
were typically not allowed in residential front yard setbacks and when the fence
company came in for the building permit, the zoning staff did not know the fence
was a requirement of the conditional use permit. He stated that confusion had
been cleared up and the six (6) foot fences had been installed.
There was no further discussion. A motion was made to approve the application,
including all staff comments and conditions. The motion was approved by a vote
of 9 ayes, 0 noes and 2 absent.
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