To: Mark Hafner, City Manager
From: Amber Washington, Planner I
Subject:
Title
Consider an ordinance approving two Specific Use Permits (SUPs) for an approximately 3,000 square-foot accessory structure with an average height of 15’ on .83 acre, on the east side of Willis Lane, approximately 275 feet from the intersection of Calais Drive and Willis Lane, legally described as Lot 15, Block D of the Willis Coves Addition, zoned Planned Development-Single-Family Lots 12,000 square-feet or greater (PD-SF-12) and addressed 1517 Willis Lane. 41:10 Construction Group, Applicant. Michael Colangelo, Owner. (SUP-23-0014)
Background:
The Owner is a collector of classic cars and requests two Specific Use Permits to construct a 50’x60’ (3,000 square-foot) accessory building for storage, tools, and to protect his collection.
The building will not be used to work on the vehicles.
Site Design:
There are no other accessory structures on the 36,000 square-foot property. The main home is 3,120 square-feet with an attached 3-car garage. Proposed plans call for the structure to sit at least 50 feet from the east (rear) property line, and at least 10 feet from the north and south (side yard) property lines, which conform to all setbacks of the SF-12 zoning district. Because the structure is larger than 50% of the existing home, a second SUP is required. The Owner will pour a concrete drive from the gate to the structure.
Materials:
The proposed structure will be constructed to look like the existing home, with a shingled roof and brick exterior. All colors, windows, and the garage door will match or complement the existing home. The interior of the structure will remain unfinished. There will be no plumbing or air conditioning.
The initial building plans, which received several letters of opposition and residents speaking against the structure during the May 9, 2023 Planning and Zoning Commission Public Hearing, showed the building to be all metal with a metal roof, and 19’ tall on average. Based on feedback from neighbors, two adjacent HOAs, and the Commission, the Applicant and Owner redesigned the structure to be 15’ tall on average, with an exterior that will fit in with the surrounding neighborhood. The Owner also proposed additional landscaping including trees around the structure.
Access:
Because of the shape and size of the lot, access to the structure is not possible from Willis Lane. The Owner proposes to use an existing public alley as access to the structure, by way of an existing gate toward the southeast corner of his lot. (See Staff Attachment B). The gate will open to the interior of the lot and will have direct access to the alley. The Owner said he plans to install a camera and mirrors to ensure the exit out of his backyard is clear.
Residents at the May 9, 2023 Planning and Zoning Commission meeting expressed concerns about the proximity of the backyard access to a nearby drainage easement/sidewalk that children often walk along to get to and from Willis Lane Elementary. Staff determined the drainage easement/sidewalk functions as one in the same - however, it was initially constructed as a flume to direct water away from nearby homes.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the 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 April 27, 2023, the City mailed out 37 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 received the following letters of opposition: two from adjacent homeowners’ associations and three from neighbors. One of the neighbors within the 200’ buffer later rescinded their opposition after speaking with the property owner. The percentage of land within 200’ opposed is 6.45%.
One neighbor, at 1909 Willis Lane, who received approval from City Council in June 2022 to build a similar-sized structure, spoke in favor of the requests.
Planning & Zoning Commission Recommendation:
At the May 9, 2023 Planning & Zoning Commission meeting, Commissioners recommended approval of the SUP requests by a vote of 4-1 with the following conditions:
1. Materials on the exterior of the structure shall be similar to the materials used on the house.
2. Landscaping and trees shall be added such that the appearance of the structure is similar to a house.
3. The average height of the structure shall be limited to 15’.
Public Hearing and Prior City Council Action:
The City Council opened and closed the Public Hearing for this item on June 6, 2023. Therefore, no Public Hearing is being held for this item. Those wishing to speak on the requested SUP will have an opportunity to do so during “Person To Be Heard.”
The City Council tabled this request to June 20, 2023 to give the property owner more time to work with his neighbors and adjacent HOAs on approval of the proposed project.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve as submitted (Planning and Zoning Commission recommendation).
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.
Supporting Documents:
§ Aerial and Zoning Maps
§ Staff Attachment A - Application
§ Staff Attachment B - Access to Structure
§ Public Response