To: Mark Hafner, City Manager
From: Sarah Hensley, Interim Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving one amendment to an existing Specific Use Permit (SUP) by allowing a 10-month extension to the time the Applicant may reside in the existing home while the new home is being built, on a property legally described as Lot 2, Block A of the VRA Addition, being 5.69-acres, located at the intersection of Barbara Lane and Rufe Snow Drive, zoned Single-Family 36,000 square-foot lots or greater (SF-36) and addressed as 901 Barbara Lane. Sean Alibrando, Owner/Applicant. (SUP-23-0013)
Background:
On November 2, 2021, City Council approved a Specific Use Permit (SUP) for 901 Barbara Lane to construct a 2,000 square-foot accessory structure and to allow the property owner to live in the existing home while their new home was being built. (City Council also recently approved an amendment to the SUP to allow a 1,250 square-foot addition to the accessory structure, and for the accessory structure to exceed 50% of the square-footage of the main dwelling currently being built.)
The November 2, 2021 SUP approval included the following conditions:
1. The removal of the existing 2,466 square-foot main structure shall be within three months of the building final of the new main structure.
2. The Specific Use Permit allowing the applicant to reside in the existing main structure while the new main structure is being built shall expire within 18 months of this approval date.
The second SUP condition expires on May 2, 2023, but due to delays in the permitting and construction process, the Applicant is requesting a 10-month extension of the time he is permitted to reside in the existing main structure. The condition to remove the existing structure within 3 months of the building final on the new structure shall remain in place.
SUP Extension Request:
1. To allow a 10-month extension to the time the Applicant may reside in the existing home while the new home is being built, beginning on May 2, 2023.
Summary:
Section 8.02 (F)(2) of the UDC states that the City Council shall consider the following factors regarding an SUP request:
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 April 13, 2023, the City mailed out 10 letters of notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site.
Staff has not received any public feedback regarding this request.
Planning and Zoning Commission Recommendation:
At the April 25, 2023 Planning and Zoning Commission meeting, Commissioners unanimously recommended approval of the proposed SUP amendment as submitted.
Alternatives:
The City Council has the following options when considering Specific Use Permits:
§ 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.