To: Mark Hafner, City Manager
From: Patricia Sinel, Senior Planner
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving three Specific Use Permits (SUPs) to allow the property owner to reside in the existing 2,466 square-foot home for the purpose of living and overseeing construction of a permanent residence, and to construct a 2,000 square-foot accessory structure, lots legally described as a portion of Tract 1D01, 1C and 1C01 of the William H Slaughter Survey, being approximately 5.69-acres, located at the northwest corner 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, Applicant/Owner. (SUP-21-0033)
Request:
The Applicant is requesting three Specific Use Permits (SUPs) to allow the use of a 2,000 square-foot accessory structure, accessory structure to exceed 50% of the main structure, and to reside in the existing main structure while a main structure is being constructed in the SF-36 zoning district.
Why Action is Required:
Section 4.03(D) of the UDC, SUPs may be approved by City Council after a recommendation by the Planning and Zoning Commission (Commission) for specific uses with certain conditions and development restrictions in order to be considered compatible in a district in which they are not allowed by right. An SUP is required for accessory structures greater than 1,200 square-feet in the SF-36 zoning district.
Section 8.10 (A)(1) of the UDC, an SUP is required if the combined area of all accessory structures on a lot exceeding more than 50% of the main structure.
Section 8.03 (A)(2)(g)(4) of the UDC, an SUP is required for the temporary residential use while the main structure is built. An SUP is required to reside in the existing main structure while a new main structure is being constructed.
Background
The Applicant is proposing this structure to be utilized for agriculture purposes such as supplies and housing for animals (llamas, goats, and chickens), tractor, and tractor attachments. The Applicant is also proposing to reside in the existing 2,466 square-foot main structure while a new main structure is being constructed; while requesting to demolish the existing main structure six months after approval for the building final of the new main structure.
SUP Requests:
The Applicant applied for an SUP for a 2,000 square-foot accessory structure and reside in the existing home while a new main home is being constructed in the SF-36 zoning district.
Building Size:
The Applicant is proposing a 2,000 square-foot accessory structure to be utilized for agricultural purposes. An SUP is required for accessory structures greater than 1,200 square-feet.
Building Location:
UDC Section 8.10 (A)(5) states accessory structures shall be prohibited from being located in front of the main dwelling unit.
The proposed location of the accessory structure will be located behind the main structure and is in compliance with the UDC.
Building Exterior:
The UDC Section 8.10 (A)(e)(5) states the use of exposed metal exterior walls and finishes shall be allowed only for barns and agricultural structures in the SF-36 zoning district. The applicant proposes the building to be 100% metal (steel).
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 of 15 feet in height.
The accessory structure meets height requirements.
Setback 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 35 feet for a SF-36 lot. The side-yard setback is 15 feet. The minimum rear-yard setback is 15 feet. The structure is proposed to exceed all the setbacks.
The accessory structure will meet all the setback requirements.
Lot Coverage:
The lot size is approximately 247,856 square-feet. The total lot coverage for the 2,466 square-foot existing home and 2,000 square-foot accessory structure would be 1.8% which would comply with the current zoning district’s 50% lot coverage maximum.
The accessory structure meets lot coverage requirements.
Citizen Input:
On September 30, 2021, the City mailed out 11 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 September 30, 2021.
As of today, Staff has not received any further responses from the public.
Planning and Zoning Recommendation:
On October 12, 2021, the Planning and Zoning Commission recommended approval by a vote of 7-0 with the following two conditions:
1. The SUP (to reside in the existing residence while the main structure is being constructed) shall expire within 18 months of the approval date from City Council.
2. The applicant shall demolish the existing home within 90-days of receiving an approval of the building final for the new main structure.
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.
City Council Alternatives:
The City Council has the following options when considering an SUP application:
§ Approve as submitted.
§ Approve with the modified and additional conditions recommended by the Planning and Zoning Commission.
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.
Supporting Documents:
§ Maps
§ Staff Attachment A- Application, Narrative, and Information