DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA

Transcription

1 DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA SUBDIVISION REPORT DOCKET NO: SUMMARY NO: COUNCIL DISTRICT: 2 - Paul D. Johnston COUNCIL AT LARGE: A - Chris Roberts B - Cynthia Lee-Sheng ADVERTISING DATES: PAB PUBLIC HEARING: COUNCIL HEARING: LAST MEETING DATE FOR COUNCIL ACTION: SUBDIVISION: Nicholson Place and Bertucci Subdivisions LOCATION: 604 and 608 Francis St. located on the west side of Francis St. bounded by Mary St., Bertucci St. and Wallace St. (Figure 1) REASON FOR REQUEST: The subdivision of Lots 27 and 28, Sq. C, Nicholson Place Subdivision and Lots T and U, Bertucci Subdivision into Lots 27A and 28A, Sq. C, Nicholson Place Subdivision, will combine the lots with frontage and the landlocked lots to the rear and shift the common lot line 1.5 ft. to the north in order to eliminate a building encroachment. There is an existing encroachment of the structure on Lot 28 over the common lot line onto Lot 27. OWNER: Myles and Cyrilla Bernard ZONING: R-1A Single Family Residential FUTURE LAND USE: LMR Low Medium Residential DESCRIPTION OF PROPOSED LOTS: Lot # Primary Frontage Avg. Width Avg. Depth (ft.) (ft.) Area (sq. ft.) Existing 27 Francis , Francis ,000 T None ,000 U None ,000 Proposed 27A Francis ,820 28A Francis ,180 FINDINGS: 1. Nicholson Place Subdivision was platted in 1928 with all of the lots in Sq. C, including Lots 27 and 28, having 50 ft. of width and 80 ft. of depth. Bertucci Subdivision was platted in 1946 with 40 lots, including Lots T and U, having no frontage on a public right of way. The lots have a width of 50 ft. and a depth of 40 ft. and 2,000 sq.ft. of lot area each. Lots 27 and 28, Sq. C, Nicholson Place Subdivision, have 50 ft. frontage on Francis St. but are substandard in lot depth, 80 ft. and area, 4,000 sq.ft. each (Figure 2). This request is to combine the four lots into two lots. 2. The subject lots are zoned R-1A Single-Family Residential. Sec Area regulations, sets the minimum lot width of 50 ft., minimum depth of 100 ft. and minimum area of 5,000 sq.ft. for all lots in the R-1A district. 3. The proposed lots meet the minimum requirements for the R-1A zoning district with the exception of proposed Lot 27A which will have substandard lot width of 48.5 ft. due to Printed: 12/9/ Revised: RGJ Department of Planning Jefferson Parish, Louisiana

2 the shift of the common lot line 1.5 ft. to the north. That shift was necessary to remove a building encroachment; the house with a municipal address of 608 Francis St. is presently built over the common lot line of Lots 27 and 28 (Figure 3). 4. The Department of Inspection and Code Enforcement, Building has commented that the subdivision creates insufficient side yard setback for the two structures, which requires a waiver. However, the two structures had insufficient side yard setback prior to the proposed 1.5 ft. northerly shift of the common lot line between proposed Lots 27A and 28A. 5. As per the Unified Development Code Sec , Subdivision waivers, the owner is requesting a waiver to the subdivision regulations for the width of Lot 27A and insufficient side yard setback. While the proposed subdivision is creating a lot with substandard width, the deficiency of only 1.5 ft. is offset by the elimination of four substandard lots having insufficient lot depth and area and the two lots with no street frontage. In addition, the subdivision removes a building encroachment from proposed Lot 27A, leaving each structure on its own lot of record (see Table 3). 6. A waiver is also requested for the insufficient side yard setback for the two existing structures. As stated above, this was an existing condition prior to this subdivision (see Table 3). 7. The Unified Development Code review criteria for preliminary/final plats (Sec C. and Sec C), were applied to the proposed subdivision, with both proposed lots meeting the criteria with the exception of the width Lot 27A (see Table 1). Additional criteria for Block & Lot Standards as per Section and Section have also been met with the exception of the width Lot 27A (see Table 2). 8. The administrative departments reviewed this plan via the LURTC review process and have no opposition except ICE Building is opposed to the substandard width of Lot 27A, and insufficient side yard setback (see comments below). 9. There is a building code violation reported for building without a permit. The applicant built a canopy for parking his RV and installed a fence. The applicant has since filed for the building permit which will be issued after the subdivision is approved. No zoning code violation was reported. DEPARTMENT COMMENTS: Public Works is NOT OPPOSED to this Case but has the following Stipulations: the Department of Public Works (on 10/27/16) requires the Planning Department to place the general stamp on the plan. If the existing sewer house connection to Lot 27A is not usable for Lot 28A, a new sewer house connection will be required at the lot owner`s expense. The Traffic Engineering Division finds that the sight triangles are not being altered and a TIA is not required. ICE - Building is OPPOSED to this Case for the following reasons: proposal will create insufficient lot frontage on proposed Lot 27A requiring 50 foot having feet. The proposal creates insufficient side yard for Lots 28A and 27A. Proposal may create noncompliance for fire protection of walls and existing openings may not be allowed as per table R 302.1(1) IRC 2012 building code. ICE - Site Plan is NOT OPPOSED to this Case. Westbank Fire is NOT OPPOSED to this Case. Environmental Dept. is NOT OPPOSED to this Case. Parish Attorney is NOT OPPOSED to this Case but has the following Stipulations: We will defer to the other departments for comments. CONSISTENCY WITH COMPREHENSIVE PLAN: This subdivision is consistent with the Comprehensive Plan by supporting Policy 1.1.4: Eliminate blighting influences from residential neighborhoods. Printed: 12/9/ Revised: RGJ Department of Planning Jefferson Parish, Louisiana

3 CONCLUSION: The proposed subdivision increases the conformity of both lots with respect to the minimum depth and area of the lots with the exception of Lot 27A, which has less than the required width, but provides 97% of the required width. The proposed subdivision also removes the encroachment of a building over a property line. The side yard setback of both buildings was less than the required 5 ft. prior to this subdivision. The increased and decreased side yard setbacks are minimal and do not have a negative impact on the subdivision. PLANNING DEPARTMENT RECOMMENDATION: The Planning Department recommends Approval. PLANNING ADVISORY BOARD: The Planning Advisory Board recommended Approval of the subdivision (see PAB Minutes). Table 1 PRELIMINARY/FINAL PLAT REVIEW CRITERIA [Sections C&4.C] COMPLIANCE CRITERIA YES NO COMMENTS Consistent with Comprehensive Plan Consistent with existing or proposed zoning of property Proposed Lot 27A has less than 50 ft. of width; waiver requested Availability of adequate facilities and services Suitability of site for proposed Both lots are developed development Compatibility of development with existing and planned land use pattern Compatibility of development with neighborhood norm Development is within reasonable distance to public facilities and access Consistent with adopted design for lots and blocks Adequate rights-of-way and servitudes provided, and consistent with adopted plans Adequate traffic impact mitigation in accordance with Traffic Impact Analysis (TIA), if required Consistent with applicable Concept Plan Consistent with approved Preliminary Plat LURTC process complete Other land locked lots in Bertucci Sub. Have been subdivided into Nicholson Place Sub. N/A N/A N/A Printed: 12/9/ Revised: RGJ Department of Planning Jefferson Parish, Louisiana

4 Table 2 BLOCK AND LOT STANDARDS [Section &.6] COMPLIANCE STANDARDS YES NO COMMENTS Adequate Building sites Remnants Block Depth Block Length Lot Area Lot Arrangement Lot Frontage Proposed Lot 27A has 48.5 ft. on Francis St. Waiver required for 1.5 ft. Lot Lines Depth to width ratio Printed: 12/9/ Revised: RGJ Department of Planning Jefferson Parish, Louisiana

5 Table 3 Subdivision Waiver [Section D] COMPLIANCE CRITERIA YES NO COMMENTS Property cannot be developed reasonably under the provisions of this UDC Requested waiver will not conflict with the purposes of this UDC or the Comprehensive Plan The hardship does not generally apply to other properties in the Parish because of size, shape, topography, or other physical conditions If the applicant complies strictly with the provisions of this UDC, than the applicant will be unable to make reasonable use of the affected property Hardship does not exist because of conditions created by the owner or previous owners of the property Granting the waiver will not confer on the applicant any special privilege that is denied by this UDC to other lands that are similarly situated and configured Granting the waiver will not be contrary to the public interest, will not adversely affect property values, other property in the vicinity, and will be in harmony with the intent and purpose of this UDC The waiver request is the minimum modification to alleviate the hardship. Existing structures were built prior to these regulations Proposed Lot 27A has less than 50 ft. of width but moves the lot line from under the structure The lots are similar to other lots in the Parish but were developed prior to these regulations To comply existing structures would have to be removed The lots were platted in this configuration; the subdivision improves the situation Printed: 12/9/ Revised: RGJ Department of Planning Jefferson Parish, Louisiana

6 604 AND 608 FRANCIS ST. SUBDIVISION OF LOTS 27 AND 28, Sq. C, NICHOLSON PLACE SUBDIVISION AND LOTS T AND U, BERTUCCI SUBDIVISION INTO LOTS 27A AND 28A, SQ. C, NICHOLSON PLACE SUBDIVISION SUMMARY NO. DOCKET NO. COUNCIL DISTRICT 2 Aerial of Vicinity Petitioned Property 12/1/16 Figure 1

7 604 AND 608 FRANCIS ST. SUBDIVISION OF LOTS 27 AND 28, SQ. C, NICHOLSON PLACE SUBDIVISION AND LOTS T AND U, BERTUCCI SUBDIVISION INTO LOTS 27A AND 28A, SQ. C, NICHOLSON PLACE SUBDIVISION SUMMARY NO. DOCKET NO. COUNCIL DISTRICT 2 Zoning R-1A Future Land Use LMR Petitioned Property 12/1/16 Figure 2

8 604 AND 608 FRANCIS ST. SUBDIVISION OF LOTS 27 AND 28, SQ. C, NICHOLSON PLACE SUBDIVISION AND LOTS T AND U, BERTUCCI SUBDIVISION INTO LOTS 27A AND 28A, SQ. C, NICHOLSON PLACE SUBDIVISION SUMMARY NO. MARY ST. (SIDE) DOCKET NO. COUNCIL DISTRICT 2 Survey Petitioned Property BERTUCCI ST. (SIDE) T 2,000 SQ.FT. U 2,000 SQ.FT A 5,820 SQ.FT. 27 4,000 SQ.FT. 28A 6,180 SQ.FT. 28 4,000 SQ.FT WAIVER TO WIDTH OF -1.5 FRANCIS ST. WAIVER TO SIDE YARD SETBACK 12/1/16 WALLACE ST. (SIDE) Figure 3

9 604 AND 608 FRANCIS ST. SUBDIVISION OF LOTS 27 AND 28, SQ. C, NICHOLSON PLACE SUBDIVISION AND LOTS T AND U, BERTUCCI SUBDIVISION INTO LOTS 27A AND 28A, SQ. C, NICHOLSON PLACE SUBDIVISION SUMMARY NO. DOCKET NO. COUNCIL DISTRICT 2 Google Earth View Petitioned Property 12/1/16 Figure 4

10 604 AND 608 FRANCIS ST. SUBDIVISION OF LOTS 27 AND 28, SQ. C, NICHOLSON PLACE SUBDIVISION AND LOTS T AND U, BERTUCCI SUBDIVISION INTO LOTS 27A AND 28A, SQ. C, NICHOLSON PLACE SUBDIVISION SUMMARY NO. DOCKET NO. COUNCIL DISTRICT 2 Photo Petitioned Property 12/1/16 FRANCIS ST. Figure 5