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File #: 21-330    Version: 1
Type: New Business Status: Approved
File created: 6/1/2021 Meeting Body: City Council
On agenda: 6/15/2021 Final action: 6/15/2021
Title Search: PUBLIC HEARING: Consider an ordinance approving an amendment to a Specific Use Permit (SUP) to allow the applicant to expand the existing 1,997 square-foot barn by approximately 1,327 square-feet (3,324 total square-feet) situated on a 2.30-acre tract of land, located on the south side of Bancroft Road, approximately 1500 feet southeast from the intersection of Bancroft Road and Bourland Road, legally described as Lot 3, Block A Leidy Estates, zoned Single Family - 36,000 square-foot lot (SF-36), located at 640 Bancroft Road. Ken Slough, Owner/Applicant. (SUP-21-0019)
Attachments: 1. 061521_640 Bancroft SUP_Proposed_Ordinance, 2. 061521_640 Bancroft SUP_Maps, 3. 061521_640 Bancroft SUP_Staff Attachment A-Application, 4. 061521_640 Bancroft SUP_Staff Attachment B - 2017 Approved SUP, 5. 061521_640 Bancroft SUP_Staff Attachment C- Letter of Concern, 6. 061521_640 Bancroft SUP_Staff Attachment D- Support Letters, 7. Presentation: H-1 Bancroft Barn Exp SUP

To:                     Mark Hafner, City Manager

From:                     Julie Smith, Community Development Director

Subject:                     

Title

PUBLIC HEARING: Consider an ordinance approving an amendment to a Specific Use Permit (SUP) to allow the applicant to expand the existing 1,997 square-foot barn by approximately 1,327 square-feet (3,324 total square-feet) situated on a 2.30-acre tract of land, located on the south side of Bancroft Road, approximately 1500 feet southeast from the intersection of Bancroft Road and Bourland Road, legally described as Lot 3, Block A Leidy Estates, zoned Single Family - 36,000 square-foot lot (SF-36), located at 640 Bancroft Road. Ken Slough, Owner/Applicant. (SUP-21-0019)

Body

Background:

City Council unanimously approved a Specific Use Permit for a 1,997 square-foot barn on October 17, 2017.

 

The expansion of the current barn is to be utilized for additional livestock. According to the Applicant, the number of livestock at this time of the year is five show lambs, and there will be additional livestock in the fall (approximately 8-10 pigs). There will be no production of or breeding of animals at this property.

 

The Applicant is now proposing to expand the 1,997 square-foot structure by an approximately 1,327 square-feet (3,324 sf total).

 

There are two proposed amendments to the current SUP:

1.                     An amendment to the size of the current ordinance allowed from 1,997 square-feet to 3,324 square-feet.

2.                     An amendment to allow the structure to exceed 50% of the main structure. (Main structure is approximately 6,120 square-feet, which would be around 54% of the existing structure).

 

Building Location:

UDC Section 8.10 (A.) (5) states that accessory structures shall be prohibited from being located in front of the main dwelling unit. The proposed location of the accessory structure is in compliance with this section of the UDC.

 

Building Exterior:

The UDC Section 8.10 (A) (3) states accessory buildings shall be complimentary to the main structure, constructed of brick or stone or the same material as the main structure.

                     
The applicant proposes to match the existing structure in materials.

 

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 a SUP.
The applicant is proposing to keep the structure at an average height of 14 feet.

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 structure is proposed to be approximately 22 feet away from the west property line.

 

The proposed structure will meet all the setback requirements.

 

Drainage and Lot Coverage:

The drainage flows to the east, however, the Applicant will be required to submit an engineered grading and drainage plan to ensure there are no adverse impacts to adjacent properties.

 

The lot coverage would be 19.4% (all accessory buildings, driveways, and the main building) which would comply with the current zoning district’s 50% lot coverage maximum.

 

The lot size is 100,188 square-feet (2.3 acres). The total lot coverage is 19,402 square-feet.

 

Citizen Input:

On May 14, 2021, the City mailed out 18 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 also posted on the site. 

 

As of June 8, 2021, Staff has received two calls from 908 Whirlaway and 904 Whirlaway Road regarding concern over the increased lot coverage and the effect of the run-off to the east along with one letter of concern.

 

There was an additional email sent on June 4th regarding concerns over drainage and the nuisances from the current livestock at 640 Bancroft Road (please see attachment “Letters of Concern”). Staff has also received three letters of support within the 300’ notification buffer.

 

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.

                     

Planning and Zoning Recommendation:

On May 25, 2021, the Planning and Zoning Commission unanimously recommended approval of the item. No person spoke in favor or opposition.

 

Alternatives:

The City Council has the following options when considering an SUP application:

§                     Approve as recommended by the Planning and Zoning Commission.

§                     Approve with modified or additional condition(s).

§                     Table the agenda item to a specific date with clarification of intent and purpose.

§                     Deny.