To: Planning and Zoning Commission
From: Katasha Smithers, Planner
Subject:
Title
PUBLIC HEARING: Consider a request to amend 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) modular 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 residing in a temporary modular home for a period of no more than 24 months, converting a 980 square-foot accessory structure into an accessory dwelling unit, removing the modular home within 90-days of the final inspection of the residential home, and installing mobile skirting around the modular home.
The Applicant is proposing to amend the SUP to increase the size of the temporary modular home from approximately 1,000 square feet to approximately 2,000 square feet and change the location to behind the proposed 3,000 to 3,500 square-foot permanent residence. The proposed temporary modular 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 4, 2021, Staff has received one phone call from a resident that resides north of this property. The resident had several questions but neither opposed or supported the request.
Amended SUP request:
1. An SUP request to reside in an approximately 2,000 square-foot temporary modular home for a period of 24 months starting upon approval and release of the new single-family residential permit.*
*Should the Commission recommend approval, Staff recommends adding language that the structure may not be moved on to the site until the building permit is issued.
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 modular home.
4. Mobile home skirting shall be placed around the modular 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.
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 June 1, 2021.
Supporting Documents:
§ Aerial and Zoning Maps
§ Staff Attachment A - Application and Information