STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER

Transcription

1 Skamania County Community Development Department Building/Fire Marshal - Environmental Health - Planning Skamania County Courthouse Annex Post Office Box 1009 Stevenson, Washington Phone: Inspection Line: STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER PROJECT: FILE # Bolstad Duplex Conditional Use Permit CU REQUEST: The applicant requests a Conditional Use Permit to convert an existing single-family dwelling at 12 Buck Run Road, Stevenson, into a duplex. I. GENERAL INFORMATION Owner(s): Carol Bolstad Applicant(s)/Applicant(s) Carol Bolstad Representative: Tax Parcel Number: Location: 12 Buck Run Road, Stevenson Comprehensive Plan Rural II Designation: Zoning: Residential 2 (R-2) Square Footage/Acreage: 3.17 acres Proposed Use: Duplex Density: Single-family: 2 acres Duplex: 3 acres Sanitary Sewer District: N/A Domestic Water Supplies: Public water system Maple Hill Water Company Fire District: Fire District #2 School District: Stevenson-Carson Drainage Basin: Columbia River WRIA: Wind/White Salmon WRIA Number: WRIA 29 II. HISTORY/BACKGROUND: The subject parcel was created as Lot 1 of the Christensen & Leick Short Plat #2 in September A boundary line adjustment recorded in October 2001 increased the size of the parcel to its current size of 3.17 acres. CU Staff Report Page 1 of 13

2 The property contains one single-family dwelling, constructed in There are nine accessory buildings on the subject property built between 1981 and the present time. The application materials indicate that the property has a tiki bar, swimming pool and some out buildings. Proposed Duplex Figure 1. Map of Subject Property. The single-family dwelling is 1,851 sq. ft. in size according to the Skamania County Assessor s Office. It is two and one-half stories tall including a walk-out daylight basement. The basement is only visible from the south and east elevations. At some point in time, separate living quarters were created in the basement of the dwelling, creating a 984-sq. ft. apartment. Staff became aware of this apartment in October 2016, after a complaint was filed with the Community Development Department. The applicant was sent a Notice of Alleged Violation in November 2016 and subsequently applied for a Conditional Use Permit for a duplex on February 14, 2017, revising their application on March 7, 2017 (Exhibit 2: Application Materials). The Community Development Department has stayed enforcement pending a decision on this application. In the October 2016 complaint, it was alleged that the other accessory buildings were being used as dwellings. Staff inspected the property on September 21, During this inspection, Staff inspected each accessory building inside and outside. Each building appears to meet the definition of accessory use or structure under SCC which states accessory use or structure means one which is subordinate to the principal use or structure on the lot serving a purpose clearly incidental to the use or structure. Each accessory building is relatively small, 200 sq. ft. or less in size. None of the nine accessory buildings contained bathroom or kitchen facilities. Most were used for storage, one building houses the applicant s home-based business, another houses the applicant s llamas, and one is described as a tiki bar for private use only. Only one building included a bed, but this building did not meet the definition of a dwelling unit under SCC which states that a dwelling unit is a structure, or that part of a structure, which is used as a home, residence, or sleeping place by one family that contains kitchen facilities and sanitary facilities. Several buildings include electrical improvements which require permits from the Department of Labor & Industries. The applicant has been informed of this requirement. CU Staff Report Page 2 of 13

3 III. PUBLIC HEARING NOTICE: Skamania County Code (SCC) Section of the Zoning Code requires notice of the Conditional Use Permit application to adjacent property owners within 500 ft. of the subject property and interested parties no less than 20 days prior to the hearing. Notice of the Public Hearing was sent to all adjacent land owners within 500 ft. and interested parties on Monday, September 25, Notice of Public Hearing was posted on the Community Development Department Web page on that same day. (Exhibit 3: Notice of Public Hearing) Skamania County Code (SCC) Section also requires publication of the Notice of Hearing in the official county paper not less than 10 days prior to the Hearing. Notice of Public Hearing was published in the official paper of record on October 4, (Exhibit 4: Notice of Public Hearing) IV. AGENCIES CONTACTED: Skamania County Board of County Commissioners Skamania County Building Department Skamania County Public Works Department Skamania County Assessor s Office Skamania County Environmental Health Skamania County PUD #1 Washington State Department of Fish and Wildlife Cowlitz Indian Tribe Nez Perce Tribe Confederated Tribes and Bands of the Yakama Nation Confederated Tribes of the Warm Springs Reservation Confederated Tribes of Umatilla Indian Reservation V. NATURAL ENVIRONMENT A. Topography: The western portion of the property has slopes primarily under 30%. The development is located on the highest portion of the property where slopes are 5% or less. The property general slopes down towards the east before quickly dropping off. This area is undeveloped. B. Soils: The USDA Natural Resources Conservation Service (NRSC) GIS data layer identifies two soil types on the subject parcel. The development is limited to the area consisting of Steever stony clay loam (#124). This is a well-drained soil typically with 30% to 65% slopes. C. Surface Water: According to a review of water resource maps, a non-fish bearing stream occurs approximately 350 ft. southwest of the subject property. A wetland occurs over 600 ft. northeast of the subject property. There are no water resources on the property. D. Vegetation: The property is vegetated with evergreen and deciduous trees as well as shrubs and other natural vegetation. CU Staff Report Page 3 of 13

4 E. Wildlife: A review of wildlife resource maps did not indicate the presence of sensitive wildlife areas on the subject property. VI. NEIGHBORHOOD CHARACTERISTICS: The property is located near the northwest extent of the Stevenson Urban Area. Just 350 to the west of the property are commercial timberlands within the General Management Area of the National Scenic Area. Within the Urban Area, particularly south and east of the subject property, development primarily consists of medium density residential development on lots between 1-5 acres in size. There are eleven lots on Stewart Road (Stewart Road is a public road off which Buck Run Road extends), west of View Drive. Of these lots, only four are developed with singlefamily residences. The remaining lots are either undeveloped or used for agriculture. One undeveloped lot north of the subject parcel is owned by the applicant. VII. PUBLIC SERVICES The proposal will not require any additional public services than what is already provided. VIII. UTILITIES A. Stormwater: Non-Applicable. B. Wastewater Disposal: The property is served by an on-site septic system. The proposal has been reviewed by the County s Environmental Health Specialist who noted that the existing septic system was installed in 2005 and sized for four bedrooms. The two units will have a total of four bedrooms, therefore the existing system is adequately sized. C. Potable Water: The property is served by a Group B public water system. IX. PUBLIC COMMENTS No public comments have been received as of the date of this Staff Report. X. CRITERIA FOR APPROVAL TITLE 21 ZONING Chapter Residential 2 Zone Classification (R-2) Purpose Intent. The R-2 zone classification is intended to provide a transition zone of medium density residential development which will maintain a rural character of the areas in the rural I and rural II land use areas of the county comprehensive plan A Allowable uses. A. Single-family dwellings. B. Commercial and domestic agriculture. C. Forestry. D. Public facilities and utilities. E. Professional services. CU Staff Report Page 4 of 13

5 F. Cottage occupation (in accordance with Chapter 21.70). G. Light home industry (in accordance with Chapter 21.70). H. Residential care facilities (in accordance with Chapter 21.85). I. Family day care home (in accordance with Section ). J. Safe home. K. Accessory equipment structures. L. Attached communication facilities located on BPA towers (in accordance with Section ) Administrative review uses. A. Child mini-day care center (in accordance with Section ). B. Attached communication facilities, not located on BPA towers (in accordance with Section ) Conditional uses. A. Recreation facilities. B. Geothermal energy facilities. C. Public displays. D. Surface mining. E. Cluster development. F. Duplexes. G. Mobile home parks. H. Semi-public facilities. I. Child day care center (in accordance with Section ). J. Communication towers (in accordance with Section ). K. Co-location of communication towers (in accordance with Section ). The applicant requests Conditional Use Permit approval for a duplex. The subject property is in the Residential 2 (R-2) zone which lists duplexes as a conditional use. Under SCC , a duplex is defined as a dwelling having two single-family units, which may be arranged as a single or two-story building. A dwelling unit is defined in that same section as a structure, or that part of a structure, which is used as a home, residence, or sleeping place by one family that contains kitchen facilities and sanitary facilities. The proposed duplex will be created from a conversion of an existing single-family dwelling. One unit will be approximately 1700 sq. ft. in size and consist of the first and second stories of the dwelling and includes three bedrooms, two bathrooms, a kitchen, living room, and dining room. The second unit will be 984 sq. ft. consisting of the basement of the existing building and includes one bedroom, one bathroom, a living room, and a kitchen. CU Staff Report Page 5 of 13

6 Photo 1. Existing single-family dwelling Minimum development standards. A. Lot Size. Minimum lot size shall be two acres. The lot depth should not exceed the lot width by more than a ratio of four to one (four being the depth). Minimum lot width shall be two hundred feet. Access panhandles shall not be taken into account as part of the area calculations relative to minimum lot size indicated above. B. Density Requirements. 1. Single-Family. Each single-family housing unit (including mobile homes) shall require the minimum lot area listed under subsection A of this section. 2. Duplex. Each duplex shall require one hundred fifty percent of the minimum lot area listed under subsection A of this section. The subject parcel is 3.17 acres in size, which is 158.5% of the minimum lot size of two acres. The parcel meets the minimum lot size for a duplex. C. Setbacks. The standard setback requirements shall be as follows: 1. Front Yard. No building or accessory building shall be constructed closer than fifty feet from the centerline of the public road right-of-way or thirty-five feet from the centerline of a private road (not including private driveways), or twenty feet from the front property line, whichever is greater. 2. Side Yard. On each side of the building or accessory building, a side yard shall be provided of not less than twenty feet. 3. Rear Yard. A rear yard shall be provided of not less than twenty feet, including accessory buildings. 4. Nonconforming Lots. Lots of less than two acres in size shall conform to standard building code setback requirements. 5. A Yard that Fronts on More than One Road. A setback requirement for the front yard of a lot that fronts on more than one road shall be the required setback for that zone classification. All other frontages shall have a setback of fifteen feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is CU Staff Report Page 6 of 13

7 greater if the parcel is less than two acres. If the parcel is greater than two acres, the setback shall be twenty feet from the property line, or the edge of the public road rightof-way or private road easement, whichever is greater. 6. Setbacks from cul-de-sacs and hammerhead turn arounds shall be twenty feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater. D. Other Standards. 1. Building height limit for permitted residential uses shall not exceed thirty-five feet above average site grade, with the exception of Section of this title. 2. Standards for off-street parking shall comply with Section of this title. 3. No building or structure may be located within any easement. The applicant is not requesting the construction of any new buildings. The duplex will be created from the conversion of an existing single-family dwelling constructed in Conclusion: The proposed duplex satisfies the requirements of the Residential 2 (R-2) zone and is allowable as a Conditional Use in this zone. TITLE 21 ZONING Chapter Administration Hearing examiner Duties and responsibilities The hearing examiner shall hear and decide: A. Applications for conditional uses. Conditional uses are those uses which may or may not be compatible with permitted uses in a specific zoning designation. If the hearing examiner determines that the use is not compatible with permitted or existing uses in the specific area of the proposed use, then the proposed use shall be denied. Alternatively, if the hearing examiner determines that the proposed use is compatible with permitted and existing uses in the specific area of the proposed use, then the proposed use may be approved or approved with conditions to make it compatible with the area. 1. In determining whether the use is compatible with the area, the proposed use shall: a. Be either compatible with other uses in the surrounding area or be no more incompatible than are other outright permitted uses in the applicable zoning district; The application materials state: The duplex proposed utilizes the existing home footprint with no impact to vegetation, wildlife, safety, nor visually, to surrounding homes. The duplex contemplated would be located in the basement portion of the existing house. It would consist of a small onebedroom, one-bathroom nine hundred eighty-four square feet (984 sq.ft) living space suitable for occupancy by no more than two people. The remaining living space that would comprise the duplex will remain in ownership of the property owner/applicant. The owner-occupied portion of the residence is not currently occupied year-round, nor anticipated to be occupied by the owner year-round in the future. CU Staff Report Page 7 of 13

8 Providing additional rental housing satisfies a need for increased rental options for Skamania County residents and is consistent with the overall vision statement for Skamania County. Allowing the conditional use protects the rural character of the neighborhood while allowing the County to plan for and add to the rental housing options available in Skamania County. The proposed conditional use preserves the community's high quality of life. Permitting a small one-bedroom, one-bathroom 984 square foot living space for no more than two people is no more incompatible than are other outright permitted uses. Pursuant to the Residential 2. Zone Classification (R2.) Residential Care Facilities and Family Day Care Facilities are both classified by as outright permitted "Allowable Uses". [SCC Section (F) and SCC Section (G)] Both Residential Day Care Facilities and Family Day Care Facilities would likely result in higher potential occupancy rates than the requested conditional use for a duplex as described above. The subject property is in the Residential 2 (R-2) zone which is intended to provide medium density residential development (SCC ). Conversion of the single-family dwelling into a duplex would retain the residential use of the property and of the surrounding area. Visually, conversion of the dwelling would not be incompatible. The duplex will retain the appearance of a single-family dwelling. The applicant has also identified that other outright allowed uses may be more intense in nature than a duplex, or more incompatible with existing residential development. Some of these uses include professional services, cottage occupations, light home industries, residential care facilities, family day care homes, and safe homes. b. Not materially endanger the health, safety, and welfare of the surrounding community to an extent greater than that associated with other permitted uses in the applicable zoning district; The application materials state: The proposed change does not endanger the health, safety, and welfare of the surrounding community. Permitting a duplex as a conditional use will not endanger health, safety, and welfare of the surrounding community. The contemplated conditional use will increase safety of the surrounding community because there will no longer be periods of the year where the existing residence is vacant. Additional concerns for health and safety in terms of traffic burdens on the road are slight and likely to be less than traffic that could result from outright permitted allowable uses of Residential Day Care Facilities or Family Day Care. The proposed duplex will not materially endanger the health, safety, and welfare of the surrounding community. CU Staff Report Page 8 of 13

9 c. Not cause the pedestrian and vehicular traffic associated with the use to conflict with existing and anticipated traffic in the neighborhood to an extent greater than that associated with other permitted uses in the applicable zoning district; The application materials state: The pedestrian and vehicular traffic associated with the use does not conflict with existing and anticipated traffic in the neighborhood. It is at the end of the road/ culdesac on an extremely underutilized road. All parking is off the street and is unable to be seen from the street or any other public location. The house and parking cannot be seen from the street or neighboring properties due to large trees. There are 3 lots at the end of the road on Buck run, 2 of which I own. The second lot owned by us does not have a structure on it. Additional occupancy of no more than two persons and resulting pedestrian and vehicle traffic would be less than those that could be reasonably anticipated to result from outright permitted uses permitted for Residential Care Facilities and Family Day Care. Single-family dwellings are typically expected to create ten average daily vehicle trips. Therefore, a second unit could be expected to create ten additional trips per day. However, this is similar or less than traffic impacts that could be expected from other permitted uses such as family day care. Just five children would create the same number of trips per day assuming they are dropped off/picked up individually. d. Be supported by adequate service facilities and would not adversely affect public services to the surrounding area; The application materials state: No changes to the service facilities would be needed and it does not adversely affect public services to the surrounding area. The proposal does not require any additional infrastructure. The duplex will be accessed by an existing private driveway fronting an existing private road. The property is already served by PUD power, an existing public water system, and is served by an on-site septic system. The proposal has been reviewed by the County s Environmental Health Specialist who noted that the existing septic system was installed in 2005 and sized for four bedrooms. The two units will have a total of four bedrooms, therefore the existing system is adequately sized and does not require expansion. e. Not hinder or discourage the development of permitted uses on neighboring properties in the applicable zoning district as a result of the location, size or height of the buildings, structures, walls, or required fences or screening vegetation to a greater extent than other permitted uses in the applicable zoning district CU Staff Report Page 9 of 13

10 The application materials state: This change does not affect the neighboring properties because they are over 400 feet away at the closest point and separated by a lot of tall pine trees. It is already heavily vegetated so requires no fencing or screening. The conditional use approval will not hinder or discourage development of permitted uses on neighboring properties. The requested use contemplates no changes to the location, size, or height of the residence that currently exists. Additional use of the road accessing the property by up to two additional occupants has no material impact on environmental effects or existing infrastructure serving neighboring properties. The increased use is less than what could reasonably be anticipated to result from other outright permitted uses. The proposed duplex will not hinder or discourage development of permitted uses in the nearby area. Because the duplex will be created from a conversion of an existing single-family dwelling, the property will maintain the appearance of a single-family dwelling. An existing solid fence along Buck Run Road and mature vegetation will screen the building and its associated parking from view. f. Not be in conflict with the goals and policies expressed in the current version of the county s comprehensive plan. The subject property is located within the Rural II Comprehensive Plan Land Use Designation. This designation states that residential development single, duplex or multi family units are appropriate uses (Comprehensive Plan at Page 25). The proposal is supported by Goal LU.5 of the Land Use Element Goals and Policies which is to promote improvements which make our communities, more livable, healthy, safe and efficient (Comprehensive Plan at Page 29). Policy LU.5.10 under Goal LU.5 states that in all designations a variety of housing types and building concepts such as the cluster development should be encouraged. Allowing singlefamily dwellings, duplexes, or multi-family dwellings in the Residential 2 (R-2) zone is supported by this policy. Policy LU.5.11 under Goal LU.5 is to support and encourage innovative solution to locating affordable housing and workforce housing within all zoning classification through the Conditional Use Permit process... The location of shopping areas or other community facilities such as park and schools should be taken into account when reviewing conditional use permits for affordable housing and workforce housing. While the proposed duplex is not necessarily affordable housing, it may provide a more affordable dwelling unit than conventional singlefamily development in the area. The duplex is being reviewed through the Conditional Use Permit process. The proposed duplex is approximately 1.40 miles from Wind River Middle School and Stevenson High School. It is approximately 1.7 miles from Stevenson Elementary School. It is approximately 2.0 miles from the nearest grocery store and other amenities in Downtown Stevenson. CU Staff Report Page 10 of 13

11 Conclusion: The proposed duplex satisfies the criteria for the granting of Conditional Use Permits. 2. Criteria for determining conditions to be imposed on conditional uses shall be based on the health, safety and general welfare of the public, any environmental standards in force in Skamania County, and other applicable provisions set forth in this title and shall be subject to conditions which may include, but are not limited to, the following: a. Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor. The proposed duplex would allow full-time residential occupancy of two dwelling units only. Staff recommends a CONDITION OF APPROVAL stating that the only the two units in the duplex are approved dwelling units. No other dwelling units are allowed on the property. Staff also recommends a CONDITION OF APPROVAL requiring the applicant to contact the Building Division and obtain any necessary permits for the conversion of the single-family dwelling to a duplex. b. Establishing a special yard, open space, lot area or lot dimensions. The subject parcel is 3.17 acres in size, which is 158.5% of the minimum two-acre lot size requirement in the Residential 2 (R-2) zone. A duplex in this zone requires 150% of two acres, or three acres. The subject property currently exceeds the minimum required acreage for a single-family dwelling and for a duplex. Staff recommends a CONDITION OF APPROVAL stating that the subject property shall maintain a minimum size of 3-acres, or whatever the minimum acreage requirement for a duplex is at the time of any proposed changes to the parcel size. Should the parcel be reduced below that size, the duplex shall be abandoned and the dwelling shall return to single-family occupancy only. c. Limiting the height, size, or location of a building or other structure. The proposed duplex will occur in an existing residential building and does not require any expansions or additions to the existing building. Any future alterations to the building will be required to meet the building height and setback requirements for the Residential 2 (R-2) zone in SCC d. Designating the size, number, location, and nature of vehicle access points. The subject property utilizes an existing single driveway access to Buck Run Road. No additional access is necessary to serve an additional dwelling unit. Staff recommends a CONDITION OF APPROVAL stating that the subject property shall be accessed by one driveway only. SCC states that on-site parking shall be required for all vehicles owned or leased by the property owner or lessee. Staff recommends a CONDITION OF APPROVAL requiring CU Staff Report Page 11 of 13

12 that the property owner maintain on-site parking areas for all vehicles used by the tenants of both dwelling units. e. Increasing the amount of street dedication, roadway width or improvements within the street right-of-way. The Public Works Department has not recommended any additional improvements. Buck Run Road is a private road. The property also fronts Stewart Road, a public road. f. Limiting or otherwise designating the number, size, location, height and lighting of signs. No signs are proposed. g. Limiting the location and intensity of outdoor lighting and requiring it to be shielded. No additional lighting is proposed. h. Requiring berming, screening, landscaping or another facility to protect adjacent or nearby properties and designating standards for its installation and maintenance. No berming, landscaping, or other facilities are required to protect adjacent or nearby properties. i. Designating the size, height, location and materials for a fence. No fencing is required. j. Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or other significant natural, historic, or cultural resources. There are no water resources, wildlife resources, or known cultural resources on the subject property. The proposal does not include any new development or construction. Conclusion: The recommended conditions of approval will protect the health, safety and general welfare of the public. XI. CONCLUSION: With the proposed conditions of approval, the applicant s proposal is compatible with existing uses in the surrounding area, will not materially endanger the health, safety, and welfare of the surrounding community, not cause conflict with existing pedestrian and vehicular traffic, is supported by adequate public services and will not cause adverse effects to existing public services, will not hinder or discourage the development of permitted uses in the surrounding area, and is not in conflict with the goals and policies of the Comprehensive Plan. CU Staff Report Page 12 of 13

13 XII. RECOMMENDATION: Based on the findings and conclusions in this Staff Report, Staff recommends that the Hearing Examiner approve the request for a Conditional Use Permit for a duplex with the following conditions: 1. Only the two units in the duplex are approved dwelling units. No other dwelling units are allowed on the subject property. 2. The applicant shall contact the Building Division and obtain any necessary permits for the conversion of the single-family dwelling to a duplex. 3. The subject property shall maintain a minimum size of 3-acres, or whatever the minimum acreage requirement for a duplex is at the time of any proposed changes to the parcel size. Should the parcel be reduced below that size, the duplex shall be abandoned and the dwelling shall return to single-family occupancy only. 4. The subject property shall be accessed by one driveway only. 5. The property owner shall maintain on-site parking areas for all vehicles used by the tenants of both dwelling units. XIII. EXHIBITS: (This report will considered Exhibit 1) Exhibit 2: Application Materials Complete March 7, 2017 Exhibit 3: Notice of Public Hearing, including Certificate of Mailing September 25, Exhibit 4: Notice of Public Hearing Published in the Skamania County Pioneer on October 4, 2017 Alan Peters, Assistant Planning Director October 5, 2017 Date Please Note: The action by the Hearing Examiner shall be final and conclusive, unless with the timeframe provided in RCW 36.70C, the applicant or adverse party makes application to a court of competent jurisdiction for judicial review of this land use decision. CU Staff Report Page 13 of 13

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36 Exhibit 4. Notice of Public Hearing