STAFF REPORT # CONDITIONAL USE PLANNING COMMISSION MEETING DATE: July 21 st, 2016

Transcription

1 STAFF REPORT # CONDITIONAL USE PLANNING COMMISSION MEETING DATE: July 21 st, APPLICATION: An application submitted by Timothy and Timbre Young requesting a conditional use permit to allow for an invalid residence for a family member under Elko County Code (B) LOCATION: A Acre parcel of land described as Parcel 1 of that Parcel Map for Edward Jaffe with File No filed in the office of the Elko County Recorder September 12, Said parcel is located in Section 17, Township 34 N., Range 55E., M.D.B.&M. Address is 1625 Royal Crest Drive in Elko, NV. 3. BACKGROUND INFORMATION: Assessor s Parcel No F-079 Owner(s) of Record: Young, Timothy C. & Timbre D. Zoning Agricultural Residential Previous Applications on Property: None Size of Property: Acres Access: Royal Crest Drive Master Plan: None Comments: Attached or Incorporated as received Page 1 of 5

2 4. PROJECT IMPACTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: APN F-079 is adequate in size to accommodate the request. The existing access from Sundance Road will serve the invalid housing unit. B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: The parcel is served by Sundance Road a city and county road in equal portion west and east between applicant s parcel and SR 225. Portion along the west boundary of applicant s parcel is paved at approximately 24 within a 60 easement and. Royal Crest Drive, a county road, is paved to approximately 24 within a 60 easement.. C. THE AEFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: APN F-079 is served by a private well and septic system. 1) Applicant is required to permit a secondary septic system or attach to the existing system through the Nevada Department of State Health prior to any construction. 2) Applicant is also required to obtain necessary permit to attach secondary housing unit to the existing private well prior to any construction. Page 2 of 5

3 5. CONSISTENCY WITH EXISTING ZONING: A. COMPATIBILITY OF PROPOSED CONDITIONAL USE WITH EXISTING ZONING AND DEVELOPED USAGE IN THE AREA: ECC (B) 14. (A listed Conditional Use) 14. Invalid or invalid caretaker secondary housing. A secondary independent living unit on a lot or parcel already developed to the maximum density allowed in the district, for the housing of an invalid family member or a caretaker of an invalid family member residing in the primary residence on the parcel, subject to the following: (a) The dwelling may be attached or detached from the primary residence. A mobile home may not be attached to the primary residence. (b) The floor area of the secondary dwelling may not exceed that of the primary dwelling. (c) The conditional use permit must be reviewed within two (2) years and every two (2) years thereafter. (d) The secondary dwelling must be removed if it is a mobile structure when it is no longer used for invalid or invalid caretaker housing. In the case of an attached or conventionally constructed dwelling where removal is impractical, the unit may not be utilized as rental housing. (Ord U, , eff ) B. CONFORMS TO THE EXISTING MASTER PLAN OF THE AREA: The area is not master planned by Elko County. 6. STAFF COMMENTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: F-079 is adequate in size to accommodate the request. B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: The parcel is served by Sundance Road and Royal Crest Drive, both paved at approximately 24 within a 60 easement along applicant s west boundary. C. THE AFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: 1) Applicant is required to permit a secondary septic system or attach to the existing system through the Nevada Department of State Health prior to any construction. Page 3 of 5

4 2) Applicant is also required to obtain necessary permit to attach secondary housing unit to the existing private well prior to any construction. D. CONSISTENCY WITH EXISTING ZONING AND USES: The proposed is a conditional use within this district to be reviewed at 2 yr. intervals. E. Prior to the completion of this report comments may or may not have been received from the following agencies listed below. Those received will be incorporated or attached to this report. Elko County Sheriff s Office Elko County Building & Safety Elko County Public Works Elko County Highway Department Elko County Manager Office Elko County Fire District Elko County School District City of Elko, Planning Department NV Div. of Water Resources NV Div. of State Health Frontier Communications NV Energy Sundance Estates Homeowners Assoc. F. In accordance with NRS Chapter 278 the 30 closest property owners were notified at least 10 days prior to this public hearing. The list is attached to the back of this report. 7. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above stated analysis and findings, staff recommends Approval/Denial with the following conditions and restrictions. A. Conditional Use is subject to restrictions and conditions as outlined in Elko County Code (B) 14. B. Applicant is required to provide documentation (doctors letter) to staff determining need for invalid housing. C. Applicant is required to obtain Nevada Division of Water Resources approval for attachment of secondary residence to the existing well. D. Applicant is required to obtain Nevada Department of Health approval for attachment or construction of a secondary septic system to serve the invalid housing unit. Page 4 of 5

5 Basis for recommendation: applicant s parcel is adequate in size and shape with existing access in place for the request. The invalid housing unit is to provide living space for a family member. Applicant has provided a doctor s letter for the family member who is to occupy the invalid housing unit. Note: The recommendations of this report are based on the fact that prior to the completion of this report staff had not received any negative or adverse comments to the proposed. Should testimony from the public arise before or during the public hearing opposed to the proposed or providing adverse or contradictory information staff may withdraw its recommendations. John W. Kingwell Supervisor, Elko County Planning and Zoning Division (30 Closest Mailing List) Page 5 of 5