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HomeMy WebLinkAboutSTAFF REPORT - 19-00276 - 669 S 12th W - CUP Accessory ApartmentCase No. 19 00278 Page 1 SUBJECT: Conditional Use Permit Application - File #19-00276 APPLICANT: Steven & Susan Hyde PROPERTY OWNER(S): Susan Hyde PURPOSE: The request is to request a Conditional Use Permit for an accessory apartment. PROPERTY LOCATION: 669 S 12th W COMPREHENSIVE PLAN: Single Family Residential CURRENT ZONING: Rural Residential 1 SURROUNDING LAND USES Rural Residential to the North, East & South, LDR2 to the West AND ZONING: APPLICABLE CRITERIA: Idaho State Code § 67-6512 Conditional Use Permits AUTHORITY: § 1.03.080. (D) “The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied” I. BACKGROUND The applicant recently purchased the property as a single-family home. A bully-barn style, tiny home was moved from the Millhollow trailer park in town with the purpose of housing aging parents. The tiny home will be placed along the southern property line. II. ANALYSIS The following are the criteria for granting a conditional use permit. Some of the criteria are followed by staffs’ analysis. A conditional use will: a. Constitute a conditional use as established in Table 1, Zoning Districts, Table 2, Land Use Schedule. A CUP is required to build or have an accessory apartment. b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of the City of Rexburg Development Code. The Comprehensive Plan Map identifies the area as "Single Family Community Development Department STAFF REPORT 35 North 1st East Rexburg, ID 83440 valc@rexburg.org www.rexburg.org Phone: 208.359.3020 Fax: 208.359.3022 Case No. 19 00278 Page 2 Residential ". With a CUP, the use is in accordance with the Comprehensive Plan. d. Development Code (Ordinance 1200) Dormitory is allowed with a Conditional Use Permit as per the City of Rexburg Development Code Section 1.04.030. Conditional Uses. e. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. The closest neighbors to this proposed request are single family dwellings and public facilities. The block that the request is on is primarily comprised of single family residential. There is still a strong single family residential presence on the block. Staff feels that the request should come with conditions to limit the apartment to same family, non-rental use since only one single family dwelling may be place on a lot in the RR1 zone. f. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. The applicant will have to receive approval from D.E.Q. and District Health Department regarding sewer and well requirements for this accessory tiny home. g. Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. The accessory tiny home structure will need to meet the same setback requirements as the single-family dwellings for this zone. The accessory apartment will need to be placed on a permanent foundation as required for mobile/manufactured homes. Internal walkways are needed for access to/from the apartment. h. Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. The City Engineer did not have concerns at this time. i. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. The tiny home will need to be buffered from the neighbors to the south. j. Be compatible with the slope of the site and the capacity of the soils and will not be Case No. 19 00278 Page 3 in an area of natural hazards unless suitably designed to protect lives and property. NIA k. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. NIA II. STAFF RECOMMENDATION Staff would recommend approval with the following conditions: 1. Occupancy is limited to non-rental, same family use. 2. D.E.Q. & the Health Department can determine an adequate solution for water and sewer services to the accessory tiny home. 3. Accessory tiny home meet the same setback requirements as the homes in RR1. 4. The accessory tiny home be placed on a permanent foundation. 5. Applicant will provide internal paved walkways for access to the accessory tiny home. 6. Landscape buffering provided between the accessory tiny home and the neighbors to the south.