DATE: October 4, 2000
TO: Planning Commission
FROM: Teri Camery, Planner
Community Development Department
FILE NO.: USE2000-00062 Conditional Use
PROPOSAL: A Conditional Use permit to place a new mobile home on a site where a mobile home has existed since 1973.
Applicant: Tlingit & Haida Regional Housing Authority
Property Owner: Fred & Margaret Morgan
Property Address: 7337 N. Douglas Hwy.
Legal Description: USS 3272, Lot 94
Parcel Code Number: 6-D09-0-101-002-0
Site Size: 99,752 Square Feet
Zoning: D-1 Single-Family/Duplex Residential
Utilities: CBJ Water and On-Site Sewer
Access: North Douglas Highway
Existing Land Use: Mobile home on an individual lot
Surrounding Land Use: North - D-1 Single-Family/Duplex Residential
South - CBJ Property/Vacant
East - D-1 Single-Family/Duplex Residential
West - D-1 Single-Family/Duplex Residential
The applicant requests a Conditional Use permit to place a mobile home on an individual lot.
According to CBJ Land Use Code 49.65.300 (3), mobile homes may be used on individual lots as a permanent residence with a Conditional Use permit in the RR, D1, and D3 zoning districts.
The property owner originally placed a 55-foot trailer on the lot in April 1973. At that time, they obtained a building permit, the only permit then required. Since that time, the Land Use Code has been amended, and a Conditional Use permit is required for a mobile home residence such as theirs.
The original home was considered to be legally non-conforming. However, removal of the home means that non-conforming status is lost. Placement of a new mobile home must be in conformance with existing laws. Hence, a Conditional Use permit is required. The original trailer is now beyond repair and must be disposed of. The property owner seeks to replace it with a newer, 1994 model trailer that is 56 feet long.
The property owner has had a mobile home residence on the lot since 1973. No records indicate any neighborhood concerns or complaints with this development since its inception. The trailer is hidden from view from the highway by a steep driveway and thick forest, thus the impact on neighborhood harmony is insignificant. The new trailer will provide more space and be more aesthetically pleasing and structurally sound with wood siding and a pitched roof. The development meets all dimensional standard requirements including lot size and setbacks.
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 through 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 conforms to the requirements of CBJ code Chapters 49.15.
2. Is the proposed use appropriate according to the Table of Permissible Uses?
Yes. Mobile homes are allowed on individual lots in the D-1 zone according to section 1.810 of the Table of Permissible Uses.
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, September 29, 2000. A public notices 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?
No. The site has hosted a mobile home since 1973. The replacement of an older mobile home with a newer mobile home will not endanger public health or safety and may marginally increase public safety because of the improved structure of the new home.
5. Will the proposed development substantially decrease the value of or be out of harmony with property in the neighboring area?
No. The proposed development will not substantially decrease the value or be out of harmony with property in the neighboring area. No complaints have been heard from neighbors in the 27 years since the original development, and the home is not visible from the highway.
6. Will the proposed development be in general conformity with the land use plan, thoroughfare plan, or other officially adopted plans?
Yes. The proposed development is in general conformity with all officially adopted plans, particularly Policy 2.8 of the Comprehensive Plan which states:
7. Will the proposed development comply with the Juneau Coastal Management Program?
Not applicable. Staff has reviewed the proposed development for compliance with the JCMP and it is found that no enforceable policies of the JCMP apply.
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 placement of a 56-foot mobile home residence at 7337 N. Douglas Highway.