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HomeMy WebLinkAboutZ-8986 Staff AnalysisDecember 4, 2014 ITEM NO.: 5 ►71_1TiM LOCATION: OWNER/APPLICANT F Phillips Duplex — Conditional Use Permit 8112 West 33rd Street Samuel Phillips/Marlana Phillips PROPOSAL: A conditional use permit is requested to allow for the conversion of the existing single family structure on this R-3 zoned property into a duplex. 1. SITE LOCATION: The property is located on the northwest corner of West 33rd and Gilman Streets, in the John Barrow neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within a single family neighborhood and the area around this site is occupied by a variety of single family residences. This home is substantially larger than most all of the nearby residences and is located on three lots. No external changes are proposed and it should not be readily apparent to those looking at the site that any change has been made. The applicant has stated the units will be occupied by family members, not rented. It will function as a single family residence with a guest house or "mother-in-law quarters"; just all in one structure. Staff believes the use should be compatible with the neighborhood, as proposed. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Each duplex unit is required to have 1 Y2 parking spaces. An existing driveway on the west side of the residence provides off-street parking for 6 vehicles. 4, SCREENING AND BUFFERS: No Comment. December 4, 2014 ITEM NO.: 5 (Cont. 6 R PUBLIC WORKS COMMENTS: FStI Wk[0ai f:J%%J:J 1. W. 33rd St. is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. If the existing structure is proposed to be demolished, the entire amount of right-of-way should be dedicated. If not demolished, right-of-way should be dedicated to the south wall of the structure. 2. Gilman St. is classified on the Master Street Plan as a collector street. A dedication of right-of-way 25 feet from centerline will be required. 3. A 20 feet radial dedication of right-of-way is required at the intersection of W. 33rd St and Gilman St. 4. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements (brick mailbox) located in the right-of-way. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No objection. Contact Entergy in advance for any service line work required at the house when converting to the duplex. Centerpoint Energy: No comment received. ATU: No comment received. Water: No objection. Fire Department: Fire hydrants per code. Maintain access. Building Codes: No comment. County Planning: No comments. CATA: The site is not located on a CATA bus route. A bus route is located along West 36th, south of the site. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 2014) Samuel Phillips and Mariana Phillips were present. Staff presented the item and noted little additional information was needed. Mr. Phillips stated the structure had been a duplex and had separate electric meters. The structure was 2 December 4, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-8986 damaged by fire and the CUP was necessary to allow for it to be repaired as a duplex. He stated the other utilities were not split. In response to a question from staff, Mr. Phillips stated it was his intent that the duplex (both units) always be occupied by family and not rented. Public Works Comments were noted. Staff explained the process of dedicating right-of-way. There were no other issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property located at 8112 West 33rd Street is occupied by a one- story, brick and frame single family residence and a detached accessory building (storage and garage). The property consists of three (3) lots and the house contains approximately 3,200 square feet. The house was damaged by fire and is currently being repaired. As part of the repair project, the applicant would like to convert the structure into a duplex by turning a portion of the structure into a one bedroom efficiency apartment. The applicant proposes to live in the one - bedroom unit and his daughter and her family will live in the larger, three bedroom remainder (2"d unit). The structure will not be enlarged and it will not be readily apparent from the outside that any change has been made. Electric utilities will be split but there will be only one gas and water connection. The applicant stated at Subdivision Committee that the units will only be occupied by family members and not rented. In effect the duplex will function the same as a single family residence with a detached guest quarters or "mother-in- law quarters". The property and house are large enough to accommodate the proposed use. As proposed, staff believes the proposed use will be compatible with the neighborhood. The 1907 plat/bill of assurance for John Barrow Addition does not address use issues. 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 Sections 5 and 6 of the agenda staff report. 3 December 4, 2014 ITEM NO.: 5(Cont.)FILE NO.: Z-8986 2. One of the duplex units must be occupied by the property owner. 3. The other duplex unit must be occupied by family members or guests of the property owner and is not to be rented (as proposed by the applicant). PLANNING COMMISSION ACTION: (DECEMBER 4, 2014) The applicant was present. There were no objectors present. A letter of objection from the John Barrow Neighborhood Association had been distributed to the Commissioners. Staff presented the item and a recommendation of approval 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. The vote was 8 ayes, 0 noes and 3 absent. 4 SUBDIVISION COMMITTEE COMMENTS NOVEMBER 5, 2014 ITEM NO.: 5. PHILLIPS DUPLEX — CONDITIONAL USE PERMIT 812 WEST 3312D STREET Z-8986 Planning Staff Comments: 1. The 1907 plat/bill of assurance for John Barrow Addition does not address use issues. 2. Will any of the utilities be split? 3. Will the duplex (both units) always be occupied by the property owner and a family member or will the duplex be rented? Variance/Waivers: 0 None requested. Public Works: 1. W. 33rd St. is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. If the existing structure is proposed to be demolished, the entire amount of right-of-way should be dedicated. If not demolished, right-of-way should be dedicated to the south wall of the structure. 2. Gilman St. is classified on the Master Street Plan as a collector street. A dedication of right-of-way 25 feet from centerline will be required. 3. A 20 feet radial dedication of right-of-way is required at the intersection of W. 33rd St and Gilman St. 4. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements (brick mailbox) located in the right-of-way. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No objection. Contact Entergy in advance for any service line work required at the house when converting to the duplex. Centerpoint Energy: No comment received. AT&T: No comment received. Water: Fire Department: Fire hydrants per code. Maintain access. Building Codes: No comment. County Planning: No comments. CATA: The site is not located on a CATA bus route. A bus route is located along West 361h, south of the site. Planning Division: No comments. Landscape: No Comments on this two-family residence. ITEM NO.: 5. CON'T Z-8985 Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday November 12, 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 November 19, 2014. The City -provided notice form must be used. Proof of notice is to be provided to staff no later than November 28, 2014.