To: Planning and Zoning Commission
From: Katasha Smithers, Planner II
Subject:
Title
PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) for a commercial horse stable on 2.96-acre tract on a property located on the east side of Norma Lane, approximately 215 feet northeast from the intersection of Norma Lane and Johnson Road, at 608 Norma Lane, legally described as Lot 2A and 3D, Block 2 of Harvels Addition and zoned Single-Family 36,000 square-foot lot size or greater (SF-36). Brian Morovitz, Owner/Applicant. (SUP-21-0041)
Background:
The property located at 608 Norma Lane was platted in 1959. The plat contains deed/covenant restrictions that limits homes and outbuildings to private use only. (See Plat, attached. Relevant language in red box on second page.) It is somewhat unusual to find these restrictions called out on a plat. These restrictions likely prohibit the use requested by the Applicant. However, since the City does not enforce deed restrictions, the City Council may consider the SUP request independent of the restrictions. In other words, the City’s authority goes to the zoning (in this case the SUP required for this zoning district), but not to deed restrictions. Even if the City grants the SUP, the Applicant will likely be prohibited from using the building as a commercial boarding operation by the deed restrictions. The deed restrictions are in addition to the City’s zoning authority.
The Applicant requests a Specific Use Permit (SUP) specifically to commercially board two horses.
Hours of Operation:
The horses will be on site, but for the owners’ potentially trailering them for various reasons to other sites, seven days a week. Horse owners, veterinarians, farriers, trainers, etc. may be on site seven days a week from 6 am to 10 pm and out of hours for emergency purposes.
Citizen Input:
On December 30, 2021, the City mailed out 30 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 on December 30, 2021.
As of today, Staff has not received any responses from the public.
Summary:
Section 8.02 (F)(2) 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.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Specific Use Permit:
§ Recommend approval as submitted.
§ Recommend approval with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this Specific Use Permit application will be scheduled for City Council action on February 15, 2022.
Supporting Documents:
§ Maps
§ Staff Attachment - Application, letter, and information
§ Staff Attachment - Plat