To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving an amendment to an existing Specific Use Permit (SUP) to allow the property owner to temporarily reside in a 28-foot by 68-foot (or 1,904 square-feet) manufactured home for the purpose of living and overseeing construction of a permanent residence, situated on a 1.995-acre tract of land, located on the west side of South Pearson Lane, approximately 550 feet northwest from the intersection of South Pearson Lane and Union Church Road, being tract 6B01A1, 6B01B, and 6F01, Abstract 498 of the Elston, D E Survey, zoned Single Family - 36,000 square-foot lot (SF-36), located at 404 South Pearson Lane. Christopher Cloy, Owner/Applicant. (SUP-21-0013)
Background:
On March 16, 2021, the Applicant requested and was granted a Specific Use Permit (SUP) for converting a 980 square-foot accessory structure into an accessory dwelling unit, residing in a temporary manufactured home for a period of no more than 24 months, installing mobile skirting around the manufactured home, and removing the manufactured home within 90-days of the final inspection of the residential home.
The Applicant is proposing to amend the SUP to increase the size of the temporary manufactured home from approximately 1,000 square feet to approximately 2,000 square feet and change the location to behind the proposed 3,200 square-foot permanent residence. The proposed temporary manufactured home would comply with all setbacks. (Please see Staff Attachment A regarding the explanation for the requested amendment to the previously approved SUP and the proposed location.)
Citizen Input:
On April 30, 2021, the City mailed out seven 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.
As of May 24, 2021, Staff has received one phone call from a resident that resides north of this property. The resident had several questions but expressed neither opposition nor support for the request. Staff also received an email in opposition from the Owners at 228 S Pearson Lane (not within the 300-foot buffer) in regards to size, timing and type of structure.
Amended SUP request:
1. An SUP request to reside in an approximately 2,000 square-foot temporary manufactured home for a period of 24 months starting upon approval and release of the new single-family residential permit.
Existing Approved SUP requests to remain:
2. The accessory dwelling unit structure will be created by converting a 980 square-foot existing accessory building.
3. Once the permanent resident passes final inspection, the Applicant (potential buyer) has 90 days to remove the manufactured home.
4. Mobile home skirting shall be placed around the manufactured home.
Planning and Zoning Commission Recommendation:
On May 11, 2021, the Planning and Zoning Commission unanimously recommended approval with the following conditions:
1. Release of temporary manufactured home permit to coincide with the issuance of the building permit for the permanent residence.
2. The 24-month period starts at the original approval date of March 16, 2021, and expires on March 16, 2023.
3. The temporary manufactured home shall be removed if the building permit is revoked, expires or lapses for 180 days (no construction activity).
Remaining Conditions:
4. Mobile home skirting shall be placed around the manufactured home
5. The accessory dwelling unit structure will be created by converting a 980 square-foot existing accessory building.
6. Once the permanent resident passes final inspection, the Applicant has 90 days to remove the manufactured home.
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.
City Council Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve as submitted
§ Approve with modified or additional condition(s) as recommended by Planning and Zoning Commission.
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.