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HomeMy WebLinkAboutZ-8421-1 Staff AnalysisFILE NO.: Z-8421 NAME: Hickman Boarding House — Special Use Permit OCATION: 1865 S. Schiller Street OWNER: Glen Alan and Jane Hickman APPLICANT Alan Hickman PROPOSAL: A Special Use Permit is requested to allow a Boarding House to be operated in the residential structure located on the R-4 zoned property at 1865 S. Schiller Street. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Wright Avenue and Central High Neighborhood Associations were notified of the public hearing. B. Public Works Comments: 1. A paved parking surface is provided in the rear of the property. Is this paved surface of sufficient size for the number of proposed tenants? If not, where will the extra vehicles park? C. Landscape and Buffer Comments: Additional landscaping will be required in conjunction with any new parking areas located on the site. Depending upon rehabilitation costs associated with this project the parking lot and property may have to be brought into full compliancy with the City's landscaping and buffer minimal ordinance requirements. Street trees are recommended. D. Staff Analysis: The applicant, Alan Hickman, is requesting a Special Use Permit to allow a boarding house to be operated within the residential structure located on the R-4 zoned property at 1865 S. Schiller Street. The applicant is requesting the boarding house for occupancy of up to twelve (12) persons. There are currently seven (7) persons (including the applicant) living in the structure. The City's Zoning Enforcement Staff recently issued the FILE NO.: Z-8421 (Cont.) applicant a notice to cease use of the structure as a boarding house or apply for a Special Use Permit. The applicant has noted that the use of the structure will only be a boarding house and not a "chemical free living house", "halfway house" or similar facility. The property at 1865 S. Schiller Street is occupied by a two-story frame residential structure. There is a paved alley along the rear (east) property line, with a paved parking pad for three (3) vehicles at the northeast corner of the property. The structure contains four (4) bedrooms upstairs and three (3) downstairs, with common kitchen, dining and living areas downstairs. The applicant has been parking three (3) to four (4) vehicles in the front yard area (unpaved). The sidewalk along S. Schiller Street in front of this property has been damaged due to vehicles pulling over it into the front yard of this residence. On -street parking is allowed along S. Schiller Street. Section 36-502 of the City's Zoning Ordinance requires a minimum of six (6) off-street parking spaces for the proposed boarding house use. The applicant submitted a copy of the Bill of Assurance for this subdivision. It was recorded in 1889 and is not legible. It likely contains no statement(s) regarding property use. The site is not located on a CATA bus route. Route #16 (UALR Route) runs along Wright Avenue to the north and Route #14 (Rosedale Route) runs along S. Schiller Street to the south. According to the City's Zoning Ordinance, following is the definition of a "Rooming, lodging and boarding facility": "Rooming, lodging and boarding facility means a building or establishment which provides for more than four (4) but fewer than sixteen (16) persons and may provide meal service. The building or facility shall be so arranged as to permit passage between all living elements such as dining, kitchen and bathrooms. Detached units or private access accommodations are not permitted." According to Section 36-54(e)(4)a. of the Zoning Ordinance, separation, spacing and procedural requirements for rooming, lodging and boarding facilities will be determined by the Planning Commission so as to not adversely impact the surrounding properties and neighborhood. Unless the Commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying - within one thousand five hundred (1,500) feet of the site for which the permit is requested. Staff has surveyed the area within 1,500 feet of 2 FILE NO.: Z-8421 Cont. 1865 S. Schiller Street, and found two (2) residential -type facilities. There is a boarding house -type use at 1908 Park Street, and the House of Vision facilities located at 1917/1919 Wright Avenue. According to Section 36-54(e)(4)c. and d., "c. Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi -public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on -site parking. d. The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility." According to Section 36-54(d), Special use permits shall not be transferableJn any manner. Permits cannot be passed from owner to owner, location to location or use to use. Staff is not supportive of the requested Special Use Permit to allow a boarding house at 1865 S. Schiller Street. Staff believes that a boarding house for twelve (12) persons at this location will have an adverse impact on the neighborhood. As noted previously, there are three (3) paved parking spaces in the rear yard area adjacent to a paved alley. This is the only off-street parking on the site. With twelve (12) persons living in the house, there would be the potential to have twelve (12) vehicles which would need area to park. The applicant has been utilizing the front yard 3 FILE NO.: Z-8421 area to park vehicles, with the sidewalk along S. Schiller Street in front of the residence having damage due to vehicles pulling over it. Staff believes parking in the front yard will detract from the residential appearance of the property. Additionally, staff feels that the structure is not large enough to accommodate living facilities for up to twelve (12) persons. Staff believes the applicant is requesting a facility which is too large for the property, which would likely detract from the residential appearance of the site, and have an adverse impact (traffic — number of daily trips generated and parking) on the surrounding single-family residences. E. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to allow a boarding house at 1865 S. Schiller Street. PLANNING COMMISSION ACTION. (JANUARY 8, 2009) Alan Hickman was present, representing the application. There were eight (8) persons present in opposition. Staff presented the application with a recommendation of denial. Alan Hickman addressed the Commission in support of the application. He amended the application to have a maximum of eight (8) residents in the boarding house. He also stated that he would add to the asphalt parking pad in the rear yard so that four (4) vehicles could park on it. He also noted that he would repair the sidewalk in front of the residence. George Blevins, of the Wright Avenue Neighborhood Association, addressed the Commission in opposition. He explained that the neighborhood association did not want another boarding house in the neighborhood. Frederick Cherry also spoke in opposition. He presented a letter of opposition from Daphine Knighten, a nearby resident. He noted that he is a property appraiser and explained that the proposed boarding house would bring down property values in the neighborhood. He also explained that the boarding house would be a nuisance in the neighborhood. Kenneth Craig also addressed the Commission in opposition. He noted that the increased traffic caused by the boarding house had been a problem in the neighborhood. He questioned the nature of the proposed boarding house. He also noted that there had been problems with dogs owned by persons living in the house. Jaimi Givan also spoke in opposition. He described problems with drugs and crime in the neighborhood. al FILE NO.: Z-8421 Ccnt.l Bonnie Jones also spoke in opposition. She expressed concerns with the number of persons proposed to live in the boarding house. Barbara Jones also spoke in opposition. She noted that the Gyst House at 1908 S. Park Street had not been a problem to the neighborhood. She explained that the neighbors had been trying to improve the neighborhood. Lumma Norwood also spoke in opposition. She explained that her residence had recently been broken into. Mattie Willis also spoke in opposition. She explained past problems with crime in the neighborhood. Mr. Hickman presented photos to the Commission showing other structures in the neighborhood. He asked if the objectors had any documentation showing that a boarding house had an adverse impact on crime or property values in a neighborhood. He explained that his proposed use was only a boarding house and no other type of residential facility. He explained that his dogs were no longer a problem for the neighbors. He noted that the home had eight (8) bedrooms according to the appraisal. He noted that the house had 2,200 square feet, with two (2) bathrooms (1 upstairs and 1 downstairs). He also noted that the police department had not been called to the residence since he has lived there. Tony Bozynski, Planning Director, explained that staff was not in support of the amended application. He noted that this type of use should not be introduced into this fragile neighborhood. There was a brief discussion of the proposed boarding house in comparison to the Gyst House. Vice -Chair Yates asked why the Special Use Permit was not applied for prior to operation of the boarding house. Mr. Hickman stated that he did not know he needed the permit. Vice -Chair Yates asked if the boarding house needed a business license. Mr. Hickman stated that he did not think a license was required. There was a brief discussion related to the nature of the boarding house. Commissioner Nunnley asked if Mr. Hickman was the only "staff member" living on the site. Mr. Hickman explained that he was and that he has been a recovering addict since 2004. There was a motion to approve the application as amended by the applicant. The motion failed by a vote of 0 ayes, 10 nays and 1 absent. The application was denied.