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HomeMy WebLinkAboutA6. STUP ADU 402 W. KochPage 1 of 10 T-15003, Staff Report for the 402 W Koch Special Temporary Use Permit Date: City Commission meeting is on May 4, 2015 Project Description: A Special Temporary Use Permit to allow an accessory dwelling unit (ADU) independent of a principal residence for a fixed time. Application T15003. Project Location: 402 W Koch Street Recommendation: Approve the Special Temporary Use with Conditions identified by Staff. Recommended Motion: Having reviewed and considered the application materials, staff report, public comment, and all the information presented, for application STUP T15003, I hereby adopt the findings in the staff report and move to approve the Special Temporary Use Permit for an Accessory Dwelling Unit at 402 W Koch Street with conditions and subject to all applicable code provisions. Report Date: April 29, 2015 Staff Contact: Chris Saunders Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues None Project Summary The City Commission approved COA Z14060 on April 14, 2014. The application included approval for construction of an accessory garage at 402 W Koch Street. The accessory building included 2nd floor space for storage. The approved garage complies with the City’s requirements for location, size, and other configuration requirements for an accessory structure. The applicant obtained a building permit and constructed the accessory building. The constructed building is in the location and size approved. The applicant’s also received approval through the same COA Z14060 to modify the principal residence on the property. That home has been demolished. An application has been received and is in review by the City to replace the home. On April 6, 2015, the City Commission acted to reclaim all land use applications at 402 W. Koch Street. The action item begins at minute mark 5:19 in the recording of the Commission meeting. A special temporary use permit (STUP) is authorized under Section 38.19.060. The purpose of an STUP is to allow “temporary uses which are required for the proper function of the 257 T-15003 Staff Report for the 402 W Koch Special Temporary Use Permit Page 2 of 10 community or are temporarily required in the process of establishing a permitted use, constructing a public facility or providing for response to an emergency.” Emphasis added. The requested STUP would allow the applicants to establish an accessory dwelling within the existing approved and constructed accessory building while the principal home is being constructed. An STUP is inherently limited in time and may not exceed one year in duration. They may be renewed. An STUP is required as the accessory garage is not compliant with the requirements, such as setbacks, for a principal structure in the R-2 district. If an STUP is approved to allow the use, a building permit will be required to allow the actual occupancy of the building. Upon approval of occupancy for the principal home after its construction the accessory dwelling would need to be either inactivated by removal of cooking facilities or a request for permanent approval submitted and granted. An amended COA for the principal residence will be considered by the City Commission on May 11th. Alternatives 1. Approve the STUP with conditions as recommended by staff. 2. Approve the STUP with conditions as revised by the City Commission 3. Deny the application based on the Commission’s findings; or 4. Open, consider, and continue the item, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 3 SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ........................ 4 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 4 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 5 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5 SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................. 5 Applicable Plan Review Criteria, Section 38.19.060, BMC. .............................................. 5 258 T-15003 Staff Report for the 402 W Koch Special Temporary Use Permit Page 3 of 10 APPENDIX A – SECTION 38.19.060, BMC .......................................................................... 7 APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ................................. 8 APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND................ 8 APPENDIX D – NOTICING AND PUBLIC COMMENT ..................................................... 9 APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF .............................. 9 FISCAL EFFECTS ................................................................................................................. 10 ATTACHMENTS ................................................................................................................... 10 SECTION 1 - MAP SERIES Zoning Vicinity Map 259 T-15003 Staff Report for the 402 W Koch Special Temporary Use Permit Page 4 of 10 Accessory building is outlined in orange SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES None are requested or required with this application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the planned unit development. Additional conditions may apply to the subdivision of the property being processed concurrently with this planned unit development. Recommended Conditions of Approval: 1. The STUP is approved for a period of six months. This period will automatically extend to 12 months if the following actions occur: a. The applicants receive approval for an amended certificate of appropriateness for the principal residential structure at 402 W. Koch Street. b. The applicants submit complete and revised building permit plans to the building division, obtain a revised building permit for the construction of the principal residence, and begin construction prior to July 6, 2015. 260 T-15003 Staff Report for the 402 W Koch Special Temporary Use Permit Page 5 of 10 2. At the conclusion of the construction of the principal residence the applicants may request permanent approval of the accessory dwelling unit subject to the requirements of Section 38.22.030.B. If a permanent approval is not granted prior to issuance of a final certificate of occupancy of the principal residence all cooking facilities shall be removed from the accessory dwelling unit. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS None have been identified at this time. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for STUP staff recommends favorably on the application. The City Commission will consider the proposal on May 4, 2015. The City Commission public meeting will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission room at 6 pm. SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Review Criteria, Section 38.19.060, BMC. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Temporary uses which are required for the proper function of the community; or Not applicable 2. Are temporarily required in the process of establishing a permitted use, or Applicable. The owners have made application to construct a principal residence on the property. The accessory dwelling unit is an allowed principal use in the R-2 district only when a principal residence is already on the site. Accessory dwellings are subject to Section Sections 38.21.050 and 38.22.030. The accessory building was previously approved and constructed before issuance of a building permit for the principal residence. 261 T-15003 Staff Report for the 402 W Koch Special Temporary Use Permit Page 6 of 10 The use of the space as an accessory dwelling if the main home were present and in conformance with Sections 38.21.050 and 38.22.030 would be a ministerial action. As the principal home is presently absent but proposed to be constructed the STUP allows the owners a place to live during the construction process. The recommended conditions of approval limit the duration of the STUP. Should the applicants not conform to the conditions of approval the City has enforcement authority to compel compliance. The proposed STUP is a temporary use while a permitted use is established. 3. Constructing a public facility or providing for response to an emergency. Not applicable. 4. Conditions. In approving such a permit, the approval shall be made subject to a time limit, not to exceed one year per approval, and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the following: 1. Regulation of parking; Parking is provided within the existing accessory structure which is adequate to meet the needs of the ADU. 2. Regulation of hours; Not applicable 3. Regulation of noise; Not applicable. The use as a residence is subject to the standard City code provisions for noise control and disturbing the peace. No additional conditions appear necessary. 4. Regulation of lights; The windows of the ADU are consistent with other accessory structures. No obtrusive exterior lights are proposed. No additional conditions appear necessary. 5. Requirement of financial security or other guarantees for cleanup or removal of structure or equipment; and/or No additional conditions appear necessary. 6. Such other conditions deemed necessary to carry out the intent and purpose of this section. Condition 1 places specific performance obligations on the owners to ensure that progress continues on construction of the principal residence. If the owners fail to perform they are at hazard of losing a place to live. This is a substantial consequence and should motivate 262 T-15003 Staff Report for the 402 W Koch Special Temporary Use Permit Page 7 of 10 compliance. Condition 2 requires the removal of the ADU if not given permanent approval through the normal review process. APPENDIX A – SECTION 38.19.060, BMC Sec. 38.19.060. - Special temporary use permit. A. Generally. Uses permitted subject to a special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, constructing a public facility or providing for response to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include: 1. Carnivals, circuses, special events of not over 72 consecutive hours; 2. Tent revival meetings; 3. Swap meets; or 4. Such other uses as may be deemed to be within the intent and purpose of this section. B. Exception: Functions held within a park and which are subject to a park user agreement are not required to obtain a special temporary use permit. C. Application and filing fee. Application for a special temporary use permit may be made by a property owner or his authorized agent. A copy of the fees are available at the planning department. Such application shall be filed with the planning director who shall charge and collect a filing fee for each such application, as provided in article 34 of this chapter. The planning director may also require any information deemed necessary to support the approval of a special temporary use permit, including site plans per this article. D. Decision. Approval or conditional approval shall be given only when in the judgment of the review authority such approval is within the intent and purposes of this article. E. Conditions. In approving such a permit, the approval shall be made subject to a time limit, not to exceed one year per approval, and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the following: 1. Regulation of parking; 2. Regulation of hours; 3. Regulation of noise; 4. Regulation of lights; 5. Requirement of financial security or other guarantees for cleanup or removal of structure or equipment; and/or 6. Such other conditions deemed necessary to carry out the intent and purpose of this section. 263 T-15003 Staff Report for the 402 W Koch Special Temporary Use Permit Page 8 of 10 APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-2. The intent of the R-2 residential two-household medium density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. Adopted Growth Policy Designation: The property is designated as Residential. The Residential land use category is described as: “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development.” APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description This application requests approval of an STUP to allow residential occupancy of an accessory building as an accessory dwelling unit during construction of a principal residence. Project Background The applicant contacted Staff about modifying the historic Bungalow at 402 West Koch in summer 2013, prior to purchase of the property. The application was submitted on March 21, 2014. The City Commission approved the accessory building with storage but no residence on the 2nd floor along with changes to the principal residence in April 2014. A building permit was issued and the accessory building constructed. The accessory building was constructed with plumbing and finishes. The main home was demolished in April 2015 beyond the scope authorized by the original Commission approval. An amended COA application has been submitted and is in review to address that structure. This application will provide a short term option for housing of the property owners while the matter is resolved and a principal structure constructed on the property. 264 T-15003 Staff Report for the 402 W Koch Special Temporary Use Permit Page 9 of 10 The City encourages the development of properly scaled and designed Accessory Dwelling Units within the R-2 district. Accessory dwelling units are a principal use and are typically reviewed as a sketch plan review. A copy of the approved building elevations is presented below. APPENDIX D – NOTICING AND PUBLIC COMMENT Public notice of the review of the STUP consideration was posted on site 15 days prior to the City Commission meeting. Normally an STUP does not receive a posted notice. However, due to the exceptional circumstances of this application it was deemed necessary and appropriate to give notice. The public notice period will close at the public hearing, which is scheduled for April 14, 2014. APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF Owner: Brian Martin, 402 West Koch Street, Bozeman, MT 59715 Applicant: Same Representative: Same Report By: Chris Saunders 265 T-15003 Staff Report for the 402 W Koch Special Temporary Use Permit Page 10 of 10 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Certificate of Appropriateness application. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 1. T15003 Martin Accessory Dwelling STUP application packet. 2. Elevation sheet for the accessory structure from the original application Z14060. 266 267 268 269 270 271 272