DATE: January 31, 2001
TO: Planning Commission
FROM: Gary Gillette, Planner
Community Development Department
FILE NO.: USE2000-00078- Conditional Use
PROPOSAL: A conditional use permit to allow operation of a bed and breakfast in an existing single family residence.
Applicant: David & Katrina Merchant
Property Owner: David & Katrina Merchant
Property Address: 1090 Fritz Cove Road
Legal Description: Fraction Tract B, USS 2303
Parcel Code Number: 4-B20-010-2-009-0
Site Size: 34,970 Square Feet
Zoning: D-1, Single Family/Duplex Residential
Utilities: CBJ Water, On-Site Sewer
Access: Fritz Cove Road
Existing Land Use: Single Family Residence
Surrounding Land Use: North - Residential
South - Residential
East - Residential
West - Fritz Cove Road
The applicant requests a Conditional Use permit to allow operation of a bed and breakfast in the first floor of an existing single family residence. The applicant indicates the number of guests would range from one to six persons. It is intended that the facility would be rented on a year-round basis for day and weekly rentals. The applicant indicated they do not intend to rent the rooms for long term.
The current residence is constructed similar to a duplex with two kitchens. There is a deed restriction on the property to allow the retention of the second kitchen provided it is not rented as dwelling unit. The Land Use Code does not restrict the use of a kitchen for bed and breakfast facilities. Operation of a bed and breakfast serving more than three guests requires a Conditional Use permit approved by the Planning Commission.
Project Site The site of the proposed bed and breakfast is developed and has been used as a single family residence. No changes are proposed to the site for the bed and breakfast operation.
Project Design The proposed bed and breakfast would be located on the first level of a two level existing single family residence. The bed and breakfast would occupy the lower floor of the residence, which has two bedrooms, a bathroom, living area, and kitchen. No changes are proposed to the existing facility to accommodate the bed and breakfast operation.
Traffic Traffic generated by the proposed bed and breakfast is anticipated to be minimal. The size of the facility might generate as much as two additional vehicles to the site. It is anticipated that this traffic would be at non-peak periods as users are visitors not locals. The main access to the site is from Fritz Cove Road. Given the low anticipated traffic there are not significant impacts seen as a result of the proposed bed and breakfast.
Parking and Circulation The existing building features a two-car garage which provides the required parking spaces for the residence. There are two additional parking spaces on the subject property. The parking requirement for a bed and breakfast is one space for each three guests. Thus the two spaces would meet the code requirement for the maximum number of six guests as identified by the applicant.
Public Health or Safety The existing residence provides for public health and safety because it was constructed to meet local building codes, is served with public water and an approved on-site sewer system, and provides safe and convenient access from the public road.
Property Value or Neighborhood Harmony There has been no evidence presented to date that would indicate that the operation of the proposed bed and breakfast would negatively impact the property value or neighborhood harmony in the immediate locale.
Conformity With Adopted Plans The Juneau Comprehensive Plan designates the area of the proposed bed and breakfast as RLDR Rural Low Density Residential. The proposed bed and breakfast is a residential use, which is consistent with the Comprehensive Plan designation.
Juneau Coastal Management Program (JCMP) The proposed project was reviewed for conformance with the JCMP. It was determined that no enforceable policies of the JCMP apply to the proposed bed and breakfast operation.
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. The application contains the information necessary to conduct a full review of the proposed operations. The application submittal, including the appropriate fees, substantially conform to the requirements of CBJ code Chapters 49.15.
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.
(February 2, 2001). 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?
No. The existing residence was constructed to meet local building codes, is served with public water and an approved on-site sewer system, and provides safe and convenient access from the public road. Thus the proposed operation would not 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 has been presented to date that would indicate the operation of the proposed bed and breakfast would negatively impact adjacent property value or be out of harmony with the existing neighborhood.
6. Will the proposed development be in general conformity with the land use plan, thoroughfare plan, or other officially adopted plans?
Yes. The proposed bed and breakfast is a residential use consistent with the RLDR Rural Low Density Residential designation of the Juneau Comprehensive Plan.
7. Will the proposed development comply with the Juneau Coastal Management Program?
Not Applicable. Upon review it was found that no provisions of the Juneau Coastal Management Program apply to the proposed development.
It is recommend that the Planning Commission adopt the director's analysis and findings and grant the requested Conditional Use permit. The permit would allow the operation of a bed and breakfast of up to six guests.