HomeMy WebLinkAboutZ-9236 Staff AnalysisAugust 3, 2017
ITEM NO.: 6
NAME:
LOCATION-
OWNER/APPLICANT:
PROPOSAL:
1. SITE LOCATION:
FILE NO.: Z-9236
TBA Holdings Accessory Dwelling — Conditional
Use Permit
127 Vernon Avenue
TBA Holdings, LLC/Todd and Allison Baker
A conditional use permit is requested to recognize
the existing accessory dwelling located on this R-3
zoned lot.
The property is located on the east side of Vernon Avenue, mid -block,
south of West Markham Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
This immediate neighborhood is characterized by a variety of residential
uses; including single family, duplexes and multi -family dwellings. The
accessory dwelling has existed for many years. Both dwellings on this
property have been rental units for several years. The existing accessory
dwelling and the rental of both dwellings is compatible with the residential
uses in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Capitol View — Stifft Station Neighborhood
Association.
3, ON SITE DRIVES AND PARKING:
The principal dwelling and accessory dwelling each require one parking
space. There is space for two parking spaces off of the alley at the rear of
the property. On street parking is also available.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS:
No Comments.
August 3, 2017
ITEM NO.: 6 (Cont.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
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Little Rock Water Reclamation Authority: Lot may not be subdivided unless
separate sewer service with easement is provided.
Entergy: Entergy does not object to this proposal. Service is already being
provided to this property from the rear of the property with no apparent
conflicts with existing facilities. Contact Entergy in advance to discuss any
changes to electrical service requirements, or adjustments to existing
facilities (if any) as this proposal proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No objection
Fire Department: No comments.
Building Codes: No comment.
County Planning: No comments.
Rock Region METRO:
a) Location is served nearby on Route 1- Pulaski Heights & Route 8 —
Rodney Parham. We have no objections to the conditional use of an
accessory dwelling at this location.
SUBDIVISION COMMITTEE COMMENT: (JULY 12, 2017)
The applicants, Allison and Todd Baker, were present. Staff presented the item
and noted little additional information was needed. In response to a question the
applicants responded that there were not separate utilities. The applicants stated
they had bought the property in April 2017 as two existing rental units and were
not aware that the property was not properly zoned.
Staff informed the Committee that a variance was being requested from the code
provision that the property owner reside on the property.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
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August 3, 2017
ITEM NO.: 6 (Cont.) FILE NO.. Z-9236
STAFF ANALYSIS:
The R-3 zoned lot located at 127 Vernon Avenue is occupied by a two-story single
family residence and an accessory building. Both structures were built in the early
1930's. The accessory building at the rear of the property contains an accessory
dwelling. It is unclear when the accessory building was converted into a dwelling
but it was several years ago.
The current owners acquired the property in April 2017. They purchased the
property for investment purposes as it was marketed as two rental dwellings.
Only after purchasing the property did they become aware that the accessory
dwelling had never been approved by zoning.
The property is located in an area that is characterized by a variety of dwelling
types; including single family, two family and multifamily. Some of those uses are
on properly zoned properties and several are nonconforming such as a duplex
across the street and a 5-unit apartment one lot to the north.
The applicants are requesting a variance from the code provision that the
property owner reside on the property when an accessory dwelling is located on
an R-3 zoned property. Recognizing and allowing the continued use of the
accessory dwelling and single family residence is compatible with the uses in the
neighborhood. No separate utilities are requested.
The applicants stated that they were informed by the Circuit Clerk's office that
no bill of assurance was available. Young's Park Addition is most likely typical of
subdivisions platted in the early 1900's in that the plat/bill of assurance did not
address use issues pertinent to this request.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, subject to compliance with
the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff
report.
Staff recommends approval of a variance from the code provision that the
property owner reside on the site.
PLANNING COMMISSION ACTION:
(AUGUST 3, 2017)
The applicants were present. There were no objectors present. Staff
presented the item and a recommendation of approval, as outlined in the "staff
recommendation" above. Staff also recommended approval of a variance from
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August 3, 2017
ITEM NO.: 6 (Cont.) FILE NO.: Z-9236
the code provision that the property owner reside on the site. There was no
further discussion. The item was placed on the consent agenda and approved,
including the variance, by a vote of 9 ayes, 0 noes and 2 absent.
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SUBDIVISION COMMITTEE COMMENTS
JULY 12, 2017
ITEM NO.: 6. TBA HOLDINGS ACCESSORY DWELLING
CONDITIONAL USE PERMIT
127 VERNON AVE Z-9236
Planning_Staff Comments:
1. The applicant states he was informed by the Circuit Clerk's office that there is no bill of assurance
for this property.
2. Are there currently separate utilities for each dwelling?
Variance/Waivers:
• Variance from code provision that the property owner reside on the property
Public Works: No comments.
Utilities and Fire Department/County Planning:
Little Rock Water Reclamation Authority: Lot may not be subdivided unless separate sewer service with
easement is provided.
Entergy: Entergy does not object to this proposal. Service is already being provided to this property from
the rear of the property with no apparent conflicts with existing facilities. Contact Entergy in
advance to discuss any changes to electrical service requirements, or adjustments to existing
facilities (if any) as this proposal proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No objection
ITEM NO.: 6. (CON'T) (Z-9236)
Fire Department: No comments.
Building Codes: No comment.
County Planning: No comments.
Rock Re ion METRO:
a) Location is served nearby on Route 1- Pulaski Heights & Route 8- Rodney Parham. We have no
objections to the conditional use of an accessory dwelling at this location.
Planning Division: No comments.
Landscape: No comments.
Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than
Wednesday, July 19, 2017. Required notices are to be sent via certified mail to all owners of properties
located within two hundred (200) feel of the site no later than Wednesday July 19, 2017. The City provided
notice form must be used. Proof of notices is to be provided to staff no later than July 28