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HomeMy WebLinkAboutminutes.apz.20120501 Regular City Planning & Zoning Meeting-Minutes May 01, 2012 Comments 2 Minutes 2 Conflicts of Interest 2 831/833 West Bleeker 2 • • • 1 • Regular City Planning & Zoning Meeting — Minutes May 01, 2012 LJ Erspamer opened the regular meeting of the Planning and Zoning Commission in Sister Cities Meeting Room at 4:30. Commissioners present were Keith Goode, Bert Myrin, Jim DeFrancia, Jasmine Tygre, Stan Gibbs and LJ Erspamer. Cliff Weiss was not in attendance. Staff in attendance were: Debbie Quinn, Assistant City Attorney; Jennifer Phelan, Deputy Community Development Director; and Jackie Lothian, Deputy City Clerk. Comments Bert Myrin distributed AACP expenses and asked the status of the AACP. Stan Gibbs said that they had discussed the AACP and the Code Amendments. Bert asked for an outline of the work program. Bert said that Chris mentioned increasing the sound attenuation between floors in the Commercial Core to reduce conflicts between uses. Bert said that Jasmine had requested an audit of all the housing audits that have been done. Jasmine Tygre pulled up a list of townhouses from the MLS in the downtown core and one of them was the MotherLode Building being represented as one unit. Minutes MOTION: . LJErspamer moved to approve the minutes of April 3, 2012; seconded by Jim DeFrancia. All in favor APPROVED. Conflicts of Interest None stated. LJ Erspamer went through the Resolution regarding the Library. Public Hearing: 831/833 West Bleeker LJ Erspamer opened the public hearing for the 831/833 West Bleeker. Jennifer Phelan provided the notice of posting and legal notices. Jennifer stated this was an existing duplex located on West Bleeker on a 9,000 square foot lot; the owner applicant was Herb and Marsha Klein. The proposal was to add a voluntary affordable housing unit on the site and expand one of the existing dwelling units while reducing the other existing dwelling unit thereby converting the property to multi-family. 2 Regular City Planning & Zoning Meeting — Minutes May 01, 2012 Jennifer said the applicant is requesting Growth Management Reviews to establish affordable housing, affordable housing credits, dimensional variances and variances from the residential design standards and theses decisions are final with P&Z. With the creation of an additional unit the application triggers the definition of subdivision and P&Z recommends to Council the subdivision review. Jennifer said the property is required to meet the minimal dimensional variance; the setback is 5 feet;maximum height is 25 feet and the allowable floor area is 6,750 square feet for a triplex. Additionally there is a net livable size cap of 2,000 square feet and with the landing of a TDR for an additional 500 square feet can be added. Currently the duplex contains 2 units one is approximately 3.100 square feet and the other is just shy of 700 square feet; with the conversion to a triplex the one existing unit would be reduced to about 2900 square feet and increase the existing unit to 2000 square feet and add 401 square feet for the affordable housing unit. A variance is being requested for the 2900 square foot unit because the code allows 2000 square feet; staff doesn't support this request for the variance. Jennifer said the residential design standards were to keep good scale and building size that can be towards the streetscape and multi-family residences are required to meet a limited number of these standards. The applicant is requesting 3 variances from the residential design standards are the garage location with street facing entrances and first story element. The design standards require when there is an alley present that the garage and vehicle access be off the alley; the existing condition today is an existing garage accessed off of Bleeker and it is side loaded and a gravel parking area accessed off of 8th Street. The new proposal will change the doors to be off of 8th Street and build an additional garage next to the existing one so that you will drive into a new garage off of Bleeker. There will also be surface parking for the affordable housing units with 6 parking spaces total including 2 in each garage. . Jennifer said the street orientated entrance requires that for a multi-family building for every 4 units have at least one street facing doorway and principal window and a porch. Currently there is a porch element and entry way on 8th Street that will stay and the affordable housing unit will have a door facing West 8th Street; you won't see the doorway from Bleeker. Jennifer said the applicant was proposing a 401 square foot studio to be category 4 and APCHA Guidelines require that Category 3 or 4 be a minimum of 500 square feet; a category 1 or 2 requires a minimum of 400 square feet which this unit does have. The applicant is proposing this to be a rental unit and APCHA 3 Regular City Planning & Zoning Meeting — Minutes May 01, 2012 recommended denial of the request and would prefer to see this as a for sale unit. P&Z has the final decision making for the unit to be for sale or rental and staff recommends the unit to be enlarged if the applicant wants it to be a category 4 to meet the minim unit size. If the affordable housing unit is developed as a studio the credit would be for 1.25 FTEs and staff would be the actual credit at the time of issuance of the occupancy permit. Jennifer said there were some concerns from the Parks Department that will need to get worked out with the 5 foot setback along Bleeker there are trees to be considered and maybe impacted by the development. Stan Gibbs asked Jennifer on APCHA's recommendation would it be a for sale unit. Jennifer responded that APCHA has more involvement in rental units and the owner would also have more involvement. Jasmine stated that the language was not specific enough if the unit was occupied or not but a rental unit may be occupied. Jennifer said that if they are out of compliance with rental units for a year then the unit goes to for sale. Herb Klein introduced himself and his wife Marsha and Stan Mathis. Herb showed exhibits of the existing site on Sheet 1; he explained the house and site. Herb explained the trees around the property and stated there were very tight setbacks so there was no way to access unit B and the affordable unit from the alley. Herb said you can see the development pattern of the neighborhood which is nothing like the West End. Herb said the neighborhood was impacted by parking but they have parking on site. Herb said that the kids play in the alley and showed pictures of them and from a safety point of view the alley doesn't need any more vehicular traffic. Herb spoke and showed pictures of the neighborhood from his house and the neighboring buildings, parking lots, building roofs, the alley, his back fence and the trees. Herb said they were combining the two bedrooms in the existing unit B so they will have 6 bedrooms total in all 3 units. Herb said that if they do not get the net livable area then they can't do the project. The literal interpretation of the code regarding the rights commonly enjoyed by other parcels in the same zone district would cause the applicant unnecessary hardship as distinguished from your inconvenience. Herb made it clear that this was not a variance to increase square footage; this a variance to acknowledge an existing condition. The cap was put on 2-3 years ago by the City; there was no cap when they built the house; the problem 4 Regular City Planning & Zoning Meeting — Minutes May 01, 2012 is because of the city placing the cap on development in a multi-family zone. Herb said it would be bad policy to turn down affordable housing and full time occupancy. Herb said the hardship is the property has 4 different levels and reads the code as saying new development can't have more than 2,000 square feet. Herb said the APCHA memo had conditions in it about occupancy and the APCHA Guidelines require recertification every 2 years and APCHA is requiring every year for his unit. Herb said the reason that he would like it to be rental instead of sale is because he is going to be living there and the person will be his neighbor and would like to have it a category 4 to get the broadest tenant population that he can so he has a good choice and he would be fine with capping the rent at a category 2 or 3. Herb said that the code allows rental units; APCHA has expressed the preference for for sale units and he is willing to go to an annual certification process for the tenants. Herb said that he spoke to Brian Flynn at the Parks Department and there are construction methods that we can implement that can find out where the roots are and find ways to protects them and satisfy Parks on protecting the trees. LJ asked for the first exhibit was in the packet. Jennifer replied that she would ask Stan Mathis to supply a copy. Jim DeFrancia excused himself at 6pm. Keith Goode asked if Unit A and Unit B were currently connected. Herb replied no. Keith asked with the renovations would there be a doorway then. Herb replied no connection between Unit A and B. LJ said that it can stay non-conforming if the degree of non-conforming is not increased. Jennifer answered as a duplex it was conforming. LJ asked if this should go before the Board of Adjustment. Jennifer responded that when other land use approvals were being sought the Planning & Zoning Commission could act on all the reviews. LJ asked if there were separate deeds on these units. Herb replied no it is not condominimized. No public comments. Commissioner Comments: Bert said there were a lot of moving parts to this application and he was most concerned for the dimensional variances and the housing. Bert supported the staff recommendations on page 15 of the memo and there are criteria for a variance and 5 Regular City Planning & Zoning Meeting — Minutes May 01, 2012 it was a fairly high bar. Bert said the Housing Memo caused more questions than answers and he said that maybe staff and Debbie can gain some clarity. LJ agreed. Jasmine stated the reason that part of the application was bringing the project into greater compliance with what is currently desired even though it is not perfect. Jasmine didn't have a philosophical problem with it and as far as the garages go she can find in favor of the placement. Jasmine stated when variances are granted we have to make findings based specifically the criteria established and staff has attached them as exhibits. Jasmine said it was important to tie down specific criteria for or against fulfilling the criteria. Stan Gibbs said he was generally in accord with how staff reviewed this and agreement with all of the variances that were required and in this particular neighborhood the garages were not something that we need to get picky about. Stan said what troubled him the most was that going to a triplex gives you significant FAR benefit and he said it was hard for him to reconcile that with not being able to adhere to the limits of the triplex development. Stan said that Herb's presentation made him feel comfortable with the variance criteria one them says the circumstances that are unique to the parcel, building or structure. Stan agreed with Jasmine that this should be a category 1 or 2; the size and providing the low end units are important. Keith agreed with Jasmine on the category and asked what is a triplex able to do. LJ focused on are we making a non-conforming unit a conforming unit if P&Z approves this and that is what we want to avoid. LJ said the size of that one unit is a problem; the garage and the alley he was fine with. LJ said the trees have to be worked out with Parks and staff; he said that he agrees with category 2. The entrance is a minor thing like Stan said. LJ said the recommendation from APCHA is very confusing and needs a better definition from APCHA. Jennifer said an Accessory Dwelling Unit is used,as a form of mitigation for the single family or duplex residence; it is required to be deed restricted but it is not required to be rented. Jennifer said this is not an ADU, it is a unit of density, it is an Affordable Housing Unit and would be required to be occupied. Herb said sending it back to APCHA for clarification of their position; APCHA doesn't like the program and they don't like the City regulations; that was the reason they recommended denial. Herb said there were conditions and it was mandatory occupancy. Herb said that he was surrounded by multi-family and if he can't get the variance he becomes frozen in time; he has something that is non- 6 Regular City Planning & Zoning Meeting— Minutes May 01, 2012 conforming`to the character and uses in the neighborhood. Herb said the reason for the cap and that is what he demonstrated was a hardship not just a mere practical difficulty; he is trying to become a multifamily combination mix of free-market and affordable housing. Marsha Klein said the City changed the zoning for the Bavarian and it was duplex and then changed to Multi-family. Bert said the staff's version of the memo page 4 has these 5 things on subdivision review, which staff says meets the criteria. Growth Management Review, Affordable Housing staff has a recommendation for a lower category; dimensional variance was confusing and staff's final sentence on page 4. Bert said his suggestion was the same as the staff suggestion to continue for less pieces in motion. Herb asked what would you want us to look at again. Bert replied on page 6 of the staff memo there were 5 bullets. LJ stated make it 500 feet for category 4 or reduce the current one that you have to Category 1 or 2. Herb agreed to make it a Category 2. Stan Mathis stated that he was reflecting on what Herb was saying and that the cap on the building was a hardship because it was in the language of the hardship; it is a practical difficulty. LJ asked the commission if they wanted a rental or for sale unit for the affordable housing unit. Stan Gibbs said he would go with rental if it was Category 2. LJ would like to see a for sale unit because of the history but he would.be flexible on that. Bert supported a for sale unit. Jasmine supported a rental unit if all the conditions outlined in APCHAs memo were included as part of this resolution. Keith was okay with rental. Stan Gibbs said that this does generate significant value but it is not conforming so the case for a variance is strong because of the way that the building is configured; he could support the current proposal based upon that. Bert said he had the least support for this and closing off another doorway you could change the square footage of one unit versus another easily and are able to reduce the size of one unit. Bert would like to see this comply.. Herb reiterated that there were different floor levels that don't line up so you couldn' `put ih a = '` doorway. Herb said that you have to have a 2 hour separation fire wall between units. 7 Regular City Planning & Zoning Meeting — Minutes May 01, 2012 Jasmine reiterated that it is not coming to what the exact code is but it is a step in the right direction; the spirit of this renovation is appropriate for this particular parcel. Jennifer said the use is becoming more non-conforming and the trend in the neighborhood is for multi-family. Stan Gibbs said that the way the resolution is written now he supports it. Section 3 on page 8 Stan agrees with. Jasmine wanted to modify it adding finding that 26.34.040 have been met, the review criteria. Keith agreed. LJ and Bert did not. LJ wanted the garage in the alley. Stan, Keith and Jasmine were okay with the proposed parking in the front. Jennifer changed the tree section for the Parks Department to inspect the trees and special construction maybe required to protect the root system and tree protection fences must be in place; excavation storage of materials must be contained and traffic upheld for the equipment and remove C. Jennifer said the APCHA portion of the resolution will recognize on page 24 Category 2, re-qualify on a yearly basis, and Community Development does not agree with 4 and 5 meeting the APCHA requirement. MOTION: Bert Myrin moved to continue the P&Z Meeting for 15 minutes, seconded by Stan Gibbs. All in favor. - Jennifer wanted to separate APCHA deed restriction guidelines. Herb was concerned about separating a through g. Jasmine wanted to see the mandatory occupancy. Herb replied that it was included in d. MOTION: Stan Gibbs moved to approve Resolution #9 regarding the property located at 831/833 W Bleeker with the changes made at the hearing; seconded by Jasmine Tygre. Roll call vote: Keith Goode, yes; Bert Myrin, no; Jasmine Tygre, yes; Stan Gibbs, yes; LJErspamer no. APPROVED 3-2. Adjourned at 7:10 pm. ackie Lot Deputy City Clerk 8