To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) to construct a 1,540 square-foot accessory structure on the property legally described as Lot 2, Block A of Launay Addition, being approximately 3.01-acres, located on the east side of Mount Gilead Road, approximately 240 feet northeast from the intersection of Bancroft Road and Mount Gilead Road, zoned Single-Family 36,000 square-foot lots or greater (SF-36) and addressed as 1525 Mount Gilead Road. Jilray Launay, Applicant/Owner. (SUP-21-0034)
Request:
The Applicant is requesting a Specific Use Permit (SUP) to allow the use of a 1,540 square-foot accessory structure in the SF-36 zoning district. An SUP is required for accessory structures greater than 1,200 square-feet.
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.
Background:
The Applicant is proposing to use this structure for agricultural purposes related to maintaining and housing the Applicant’s horses, horse tack, and equine food supply.
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 majority hardi-board which would match the new home being constructed both in material and color.
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 the average height to be approximately 12 feet 6 inches.
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 60 feet for a SF-36 lot on a major thoroughfare. The side-yard setback is 15 feet. The minimum rear-yard setback is 15 feet. The structure’s location exceeds all the setbacks.
The accessory structure will meet all the setback requirements.
Lot Coverage:
The lot size is approximately 131,054 square-feet. The total lot coverage would be 11,735 square-feet or 8.95% (all accessory buildings, driveways, and the main building) which would comply with the current zoning district’s 50% lot coverage maximum.
The accessory structure meets lot coverage requirements.
Citizen Input:
On October 15, 2021, the City mailed out 16 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 October 15, 2021.
As of November 8, 2021, Staff has received one letter in support within the 200-foot buffer.
Planning and Zoning Commission Recommendation:
On October 26, 2021, the Planning and Zoning Commission unanimously recommended approval of this item as presented.
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.
Alternatives:
The City Council has the following options when considering an SUP application:
§ Approve as submitted.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.
Supporting Documents:
§ Maps
§ Staff Attachment A- Narrative and Information
§ Staff Attachment B - Support letter