To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving two Specific Use Permits (SUP) to permit the applicant to construct a 1,408 square-foot Accessory Dwelling Unit situated on a 2.65-acre tract of land, located on the east side of Bourland Road, approximately 350 feet southeast from the intersection of Bancroft Road and Bourland Road, legally described as Lot 3, Block 1 Village Mill Addition, zoned Single Family - 36,000 square-foot lot (SF-36), located at 921 Bourland Road. Jeff Aldredge, owner. Jeff Ground, applicant. (SUP-21-0003)
Background:
This property was annexed into the City on January 20, 1969.
The property was originally platted and approved in 1983. (See Attachment Final Plat)
The applicant is proposing to construct a dwelling unit behind the existing main structure as a mother-in-law suite. The proposed one-story structure will have an enclosed area of 1,408 square-feet.
There are two SUP requests for this proposed structure:
1. An SUP for a dwelling unit on property that is at least 1.5 acres (the property is currently 2.65-acres).
2. An SUP for exceeding 1,200 square-feet for any accessory building.
Building Size:
UDC Section 8.03 (C.g.2) restricts the maximum square footage of a detached accessory building to 1,200 square feet unless approved by a SUP.
The applicant is proposing a 1,408 square-foot accessory dwelling unit.
Building Location:
UDC Section 8.10 (B.1) states that accessory dwelling units shall be constructed behind the main dwelling on a lot with a minimum area of one-and-a-half acres. The proposed location of the accessory dwelling unit is in compliance with this section of the UDC.
The structure is proposed to be approximately 47-feet away (to the east) from the main structure and approximately 28-feet away from the nearest property, which is directly south.
Building Exterior:
The UDC Section 8.10 (B.4) states accessory dwelling units shall be constructed from the same materials as the main building.
The applicant proposes that the accessory dwelling unit be constructed from the same materials as the main building consisting of 100% HardiePlank. Ultimately, the applicant intends for the proposed building to match the main structure’s design and style as a complimentary and matching set.
Building Height:
UDC Section 8.10 (A.9) states the maximum height of the building shall not exceed an average of 15 feet unless approved by an SUP.
The applicant proposed the structure’s average height at 14’ 8”.
Zoning Regulations:
The lot setbacks are determined by SF-36 zoning district standards in UDC Section 8.03 (C.4). The minimum front-yard building setback is 60 feet for a SF-36 lot on a thoroughfare. The side-yard setback is to be 10% of the lot width, but no more than 15 feet. The minimum rear-yard setback is 15 feet.
The proposed structure will meet all the setback requirements.
Summary:
Section 8.02 (F.2.a) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and City Council shall consider the following factors:
1) The use is harmonious and compatible with surrounding existing uses or proposed uses;
2) The activities requested by the applicant are normally associated with the permitted uses in the base district;
3) The nature of the use is reasonable and appropriate in the immediate area;
4) Any negative impact on the surrounding area has been mitigated; and
5) That any additional conditions specified ensure that the intent of the district purposes are being upheld.
Citizen Input:
On February 11, 2021, the City mailed out 21 Letters of Notifications for this public hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was also posted on the site.
As of March 8, 2021, Staff has not received any responses from the Public.
Planning and Zoning Commission Recommendation:
On February 23, 2021, the Planning and Zoning Commission recommended to approve by a vote of 7-0. The Commission expressed concerns over this structure being used as an Air BnB in the future and asked the Applicant if this was strictly for a family member. The Applicant confirmed this was for their Mother-in-Law only.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve as submitted.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.