DATE: December 4, 2000
TO: Planning Commission
FROM: Teri Camery, Planner
Community Development Department
FILE NO.: USE2000-00069- Conditional Use
PROPOSAL: a Conditional Use permit for a 600 square
foot attached to an existing single-
Access: Forest Lane
Existing Land Use: Single-family dwelling
Surrounding Land Use: North - D-5 single-family/duplex
South - D-5 single-family/duplex
East - D-5 single-family/duplex
West - D-5 single-family/duplex
The applicant requests a Conditional Use permit for the development of a 600 square foot accessory apartment within their existing single-family dwelling. The proposed apartment will be located in the north rear yard of the home. Access to the proposed apartment is on the east side of the home.
A Conditional Use permit is required for an accessory apartment under the CBJ Land Use Code 49.25.510(e)(2) and may be allowed subject to the provisions of this ordinance. The requirements under 49.25.510(e)(2) are:
The accessory apartment must be a one-bedroom or efficiency unit not exceeding 600 square feet of net floor area; and
The accessory apartment is 599 square feet and has a living room, one bedroom, a bathroom, and a kitchen. See Attachment B for site and floor plan.
The accessory apartment must be atop, beneath, or connected by a common wall of at least 15 linear feet to the principal dwelling unit, provided that in RR, D-1, and D-3 districts only, the accessory apartment may be contained within or atop a detached garage; and
The proposed apartment would be an addition to the existing single-family dwelling in the rear yard.
The development meets all setback requirements without recourse to a Variance or Conditional Use permit: and
The site plan indicates that the proposed apartment addition meets all setback requirements for the D-5 zoning district. See Attachment B.
The total building footprint does not exceed the maximum lot coverage for that zoning district; and
The total building footprint does not exceed the lot coverage requirements. The total building footprint with the apartment addition is approximately 1,743 square feet, which is 20% lot coverage. The size of the subject lot is 8400 square feet while the minimum standard lot size for the D-5 zoning district is 7000 square feet.
The development meets the parking standards required by Chapter 49.40 for a residential structure containing two dwelling units (four spaces); and
The development exceeds the parking requirement with four spaces in the driveway in front the double-garage. See Attachment B.
The building is serviced by a public or community sewer system if available; and
The dwelling is serviced by the city sewer system.
The building complies with all requirements of Title 19, the building code; and
The building complies with all requirements of Title 19.
The building, except as may be necessary to accommodate residents with disabilities, has no more than one main entrance facing the street.
The building has no more than one entrance facing the street. The entrance to the addition is on the east side of the home facing the side yard, and the entrance to the main home is on the south side.
Juneau Coastal Management Program
Staff has reviewed the development for compliance with the JCMP and found that no enforceable provisions of the JCMP apply.
CBJ §49.15.330 (e)(1), Review of Director's Determinations, states that the Planning Commission shall review the director's report to consider:
2. Whether the proposed use is appropriate according to the Table of Permissible Uses;
3. Whether the development as proposed will comply with the other requirements of this chapter.
The commission shall adopt the director's determination on the three items above unless it finds, by a preponderance of the evidence, that the director's determination was in error, and states its reasoning for each finding with particularity.
CBJ §49.15.330 (f), Commission Determinations, states that even if the commission adopts the director's determination, it may nonetheless deny or condition the permit if it concludes, based upon its own independent review of the information submitted at the public hearing, that the development will more probably than not:
2. Substantially decrease the value of or be out of harmony with property in the neighboring area; or,
3. Not be in general conformity with the comprehensive plan, thoroughfare plan, or other officially adopted plans.
Per CBJ §49.15.330 (e)(1)(A thru C), Review of Director's Determinations, the director makes the following findings on the proposed development:
Yes. We find the application contains the information necessary to conduct a full review of the proposed operations. The application submittal by the applicant, including the appropriate fees, substantially conform to the requirements of CBJ code Chapters 49.15.
2. Is the proposed use appropriate according to the Table of Permissible Uses?
Yes. The proposed use is appropriate according to the Table of Permissible Uses, CBJ 49.25.300 Section 1.130 for the D-5 Zoning district.
3. Will the proposed development comply with the other requirements of this chapter?
Yes. The proposed development complies with the other requirements of this chapter.
Friday, December 1, 2000. A public notice sign was posted on the site at least 14 days prior to the meeting and notice was mailed to owners of record of all property within 500 feet of the subject property.
4. Will the proposed development materially endanger the public health or safety?
5. Will the proposed development substantially decrease the value of or be out of harmony with property in the neighboring area?
No. No evidence indicates that an accessory apartment located in the existing dwelling will substantially decrease the value or be out of harmony with the property in the neighborhood.
6. Will the proposed development be in general conformity with the land use plan, thoroughfare plan, or other officially adopted plans?
Yes. Based on the preceding staff analysis, it is found that the proposed development is in general conformity with the CBJ Comprehensive Plan, particularly policies 2.8 and 5.1 regarding the provision of housing opportunities.
7. Will the proposed development comply with the Juneau Coastal Management Program?
Not applicable. No provisions of the JCMP apply to this development.
We recommend that the Planning Commission adopt the director's analysis and findings and grant the requested Conditional Use permit. The permit would allow the development of an accessory apartment at 8563 Forest Lane.