DATE: January 30, 2001
TO: Planning Commission
FROM: Teri Camery, Planner
Community Development Department
FILE NO.: USE2001-00003 Conditional Use
PROPOSAL: A Conditional Use permit for a 362 square feet accessory apartment addition to a
Applicant: Gary & Jackie Timothy
Property Owner: Gary & Jackie Timothy
Property Address: 8275 Garnet Street
Legal Description: Golden Nugget Block F Lot 2A
Parcel Code Number: 5-B24-0-135-009-0
Site Size: 10,018 Square Feet
Zoning: D-5 Single-Family/Duplex
Utilities: CBJ Water and Sewer
Access: Garnet Street
Existing Land Use: Single-Family Dwelling
Surrounding Land Use: North - D-5 Residential
South - D-5 Residential
East - D-5 Residential
West - D-5 Residential
The applicant requests a Conditional Use permit for the development of a 362 square feet efficiency accessory apartment addition to the south frontage of an existing single-family dwelling on a corner lot. The apartment includes 323 square feet for the living area, bathroom, and kitchen, and a 39 square feet arctic entry.
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 a 362 square feet efficiency unit with a living area, a bathroom, a kitchen, and an arctic entryway. See Attachment A 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, with a common wall of 24 linear feet to the home.
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. The home is located on a corner lot requiring a front yard setback of 20 feet on both the Circle and Garnet Street frontage. The proposed arctic entryway is allowed to extend into the setback per CBJ Land Use Code 49.25.430 (B) (ii). See Attachment B.
The total building footprint does not exceed the maximum lot coverage for that zoning district; and
The size of the subject lot is 10,018 square feet, 140% of the 7,000 square feet minimum lot size for the D-5 zoning district, and within the 100-150% lot size range that allows an accessory apartment. The total building footprint does not exceed the lot coverage requirements. The home is 1,296 square feet and the apartment is 362 square feet, for a total of 1,658 square feet, which is16.5% lot coverage.
The development meets the parking standards required by Chapter 49.40 for a residential structure containing two dwelling units (four spaces); and
The development meets the parking requirement with three spaces in the driveway and one space in the rear of the yard exiting onto Circle Drive. 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 south side of the home facing Circle Street, and the entrance to the main home is on the east side facing Garnet Street.
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:
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 submitted 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, 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?
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 8275 Garnet Street.