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HomeMy WebLinkAbout412 E. PITKIN CHANGE OF USE PDP - MINOR AMENDMENT - 21-06 (MA0700044) - DECISION - MINUTES/NOTESPlanning & Zoning Board July 19, 2007 Page 4 duplex similar to the current structure. It will be an improvement to the structure and to the neighborhood. She would support the motion. Chair Lingle noted that philosophically he was opposed to teardowns. At the Board's worksession, they considered the proposal asking why the home was not simply raised, excavated to a lower depth and returned to the site. He appreciated the information provided by Schneider as to the reasons why it would be demolished and reconstructed and would be supporting the motion. Motion was approved 6-0. A4 Project: Treehouse Montessori School — Project Development Plan - #17-07 .90 Project Description: This is a request to convert the existing single-family residential house located at 2013 Valley Forge Avenue to a childcare facility known as Tree House Montessori School. The development proposal includes adding one parking space, utilizing the existing driveway as a child drop-off area, updating the building interior and exterior, enhancing the existing landscaping and converting the back yard to a large, fenced play area. The property is located on the south side of Valley Forge Avenue, three properties east of South Taft Hill Road, in the RL — Low Density Residential Zone District Recommendation: Staff recommends approval of the request modification to Division 4.4(B)(3)(cX 1) — Child Care Centers. Staff recommends approval of Tree House Montessori School PDP, #17-07. Planner Shelby Sommer reported this PDPXmplies with the purpose of the RL — Low Density Residential District in that while child care facilities are classified as a commercial use, this proposal complements the adjacent residential uses by serving the s%rounding neighborhood and by maintaining a single-family residential appearance. Additionally, the applicant has requested a modification to Land Use Code standard 4.4(B)(3XcX1). In this district, no child care center shall be permitted to be located within one thought five hundred (1,500) feet of any existing child care center with the city. While the Children's World facility located at 2140 Valley Forge Avenue is 317 feet from the proposed location, the applicant has stated the Children's World facility has been closed and has sat empty for over 18 rrronths. They also believe the Montessori preschool would not hinder any child care business open' g in this facility because Montessori would serve an entirely different population than a childcare nter. Montessori caters only to 3 to 6 year old (preschool) children. Staff has d rmined that this request for modification is equal to a compliant plan (one that is located 1,500 feet from the existing Children's World building). This building may continue operations as a child care center in the future, or be converted to another use that is permitted in the NC — Neighborhood Commercial Zone District through a major or minor amendment to its approved development plan. Planning & Zoning Board July 19, 2007 Page 3 designation, and that the approved Project Development Plan was compatible with the surrounding area. This Minor Amendment request is also compatible with the East Side Neighborhood Plan as it is the reconstruction of the existing house with the same building footprint and approved building elevations. Jeff Schneider of Armistead Construction said they discovered that the existing basement could not be finished per code requirements, and due to the updating required inside the existing house, reconstructing a new basement and house would be more cost effective and safer for the individuals working on the project. In fact asbestos issues will be addressed. The newly constructed duplex will be identical to what was proposed at the time the PDP was approved. Member Schmidt asked if all the windows would be new. Schneider replied that all materials will be new and be placed as shown on the approved plan. Additionally, the materials will comply with energy code requirements and all construction will meet building standards. Member Rollins asked if the building needed to be raised to address the height problems in the basement. Schneider replied they would excavate down and the net result is the house would not be higher then the current structure. Public Input Chair Lingle asked for public input and wanted to remind the audience the request before the board was for a minor amendment proposal to demolish the existing building and reconstruct it in a manner identical to the approved development plan, including using the same building footprint and elevations as the current structure. The original approval was not open for discussion. Kimberly Zailyk, 75 Circle Drive, said she was opposed to `tear downs" (the demolition of older structures and replaced by new) and asked if it would be owner occupied. Schneider responded yes. Zailyk asked how issues such as a cracked foundation would be caught. Lingle responded that it was new construction and the City's inspection program would cover inspections at several phases of construction including foundation, wiring, etc. Zaiiyk asked if the owner was aware of the building's defect at the time of purchase. Staff member Sommer noted with the owner not in attendance it would be hard to speculate what she knew at the time of purchase. Schneider noted the building when purchased was non -conforming as to being a legal duplex. Ms. Blaser wants to make it a conforming duplex. Chair Lingle also noted that at the time of original PDP request, the structure was reviewed by the Landmark Preservation Commission and deemed not eligible for historic designation due to alterations to the original structure. Public Input Closed Member Schmidt made a motion to approve 412 E. Pitkin Change of Use - Project Development Plan (PDP) - #21-06 Minor Amendment based on the Findings of Fact found on page 7 of the staff report. Member Smith seconded the motion. Member Schmidt noted at the time of the original PDP review, the board evaluated the merits of the proposal and believed it was an appropriate use and would bring it into compliance. In fact, many houses in this same area have illegal uses. With this amendment, the owner will reconstruct the Planning & Zoning Board July 19, 2007 Page 2 reconstructing a new two-family dwelling that matches the previously approved building footprint and building elevations. The property is located on the north side of East Pitkin Street, east of Peterson Street and west of Whedbee Street, and is in the NCM — Neighborhood Conservation Medium Density Zone District. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Chair Lingle asked the citizen to ask whatever questions she had relative to the minor amendment Kimberly Zailyk, 75 Circle Drive, said that as a 22 year resident of the neighborhood, she wanted to know how long the new owner had resided there. She also noted she was not able to attend the meeting in which the Board approved 412 E. Pitkin Change of Use Project Development Plan to convert the existing single-family home to an over/under duplex. She noted that while seven neighbors had spoken against the Change of Use Project Development Plan, the project had been approved. She was opposed to the minor amendment as she considered what has transpired as a "tear down" project. The property owner Sarah Biaser was not present. Jeff Schneider of Armistead Construction, acting as the applicant's agent, responded that Sarah had owned the property since April 2006 and would reside in one of the duplex units. Planner Shelby Sommer reported the approved Project Development Plan included an addition to the existing house and finishing the basement to add a second dwelling unit. The Minor Amendment proposal is to demolish the existing building and reconstruct it in a manner identical to the approved development plan, including the same building footprint and elevations. The applicant has requested an amendment to the approved plans because the applicant discovered that the existing basement could not be finished per code requirements, and due to the updating required inside the existing house, reconstructing a new basement and house would be more cost effective. Staff has determined that this amendment is not a change of character to the approved development because it the new house will be constructed with the building footprint and elevations in accordance with the approved development plan. The purpose of the Neighborhood Conservation Medium Density District is: "intended to preserve the character of areas that have a predominance of developed single-family and low- to medium -density multi -family housing and have been given this designation in accordance with an adopted subarea plan." This proposal complies with the intent of the NCM District as it preserves the nature of the existing structure by constructing a new, nearly identical structure, by providing a two-family use as permitted by the East Side Neighborhood Plan. Two-family dwellings when structural additions or exterior alterations are made to an existing building are permitted in the NCM District and subject to Planning and Zoning Board review, provided that such two-family dwelling is located in a street -fronting principal building. The proposed two-family dwelling is located in the street -fronting principal building at 412 E. Pitkin. The existing building will be demolished and then reconstructed with the same elevations and footprint as was approved with the Project Development Plan. This property is designated as a Neighborhood Preservation area by the East Side Neighborhood Plan. Historic Preservation Staff has determined that this property is not eligible for historic landmark Planning and Zoning Board July 19, 2007 ncil Liaison: Chairperson: Dave Lingle Vice Chair: Brigitte Schmidt Chairperson Lingle called the meeting to order at 6:03 p.m. Staff Liaison. Cameron Gloss Phone: (W) 223-1820 Phone: (W) 491-2579 Roll Call: Campana, Lingle, Rollins, Schmidt, Smith, and Stockover Members Absent: Wetzler Staff Present: Gloss, Daggett, Sommer, Olt, Stanford, and Sanchez -Sprague Director Gloss reviewed the Consent and Discussion Agendas. Citizen participation: None Chair Lingle ask members of the audience or the Board if they wanted to pull any items off the consent agenda. • A member of the audience asked that the 412 E. Pitkin Street -Minor Amendment be pulled from Consent. Consent Agenda: 1. Minutes from the June 21, 2007 Planning and Zoning Board Hearing. 3. McClelland's Creek PD & PLD 2nd Filing Annexation & Zoning - #33-01 P Discussion Items: 2. 412 East Pitkin Street — Minor Amendment 4. Treehouse Montessori School — Project Development Plan - #17-07 Member Smith moved for the approval of the Consent Agenda, which includes minutes from the June 21, 2007 Planning and Zoning Board Hearing and McClelland's Creek PD & PLD 2"d Filing Annexation & Zoning - #33-01 P. Member Stockover seconded the motion. Motion was approved 6-0. Project: 412 E. Pitkin Change of Use - Project Development Plan (PDP) - #21-06 Minor Amendment Project Description: This is a request for a Minor Amendment to the previously approved 412 E. Pitkin Change of Use Project Development Plan. The 412 E. Pitkin Change of Use Project Development Plan approved the conversion of the existing single- family home to an over/under duplex by finishing the basement and adding on to the rear of the house. The Minor Amendment proposal amends the approved Project Development Plan by demolishing the existing house and