DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIA SUBDIVISION REPORT DOCKET NO: SUMMARY NO: COUNCIL DISTRICT 5: Cynthia Lee-Sheng COUNCIL AT LARGE: A: Chris Roberts B: Elton M. Lagasse ADVERTISING DATES: 04/08/15 04/15/15 04/22/15 PAB PUBLIC HEARING: 04/30/15 COUNCIL HEARING: LAST MEETING DATE FOR COUNCIL ACTION: 08/26/15 SUBDIVISION: LOCATION: OWNER: ZONING: FUTURE LAND USE: REQUEST: DESCRIPTION OF PROPOSED LOTS: Vincent 210 Stella Street, bounded by Stella Street, Geranium Street, Avenue E and Vincent Avenue (Figure 1). Rachael and Christian William Gambel; represented by Chris Shuler. R-1B Suburban Residential/OMNCD Old Metairie Neighborhood Conservation District (Figure 2) LDR Low Density Residential Subdivide Lot 35 and a portion of Lot 36, Vincent Subdivision, into Lot 35-A, Vincent Subdivision, Jefferson Parish, LA with waivers to an accessory structure occupying more than forty percent of a required rear yard and an accessory structure less than three feet from an interior side lot line. Type Lot Number Proposed Lot Dimensions Frontage Width (feet) Depth (feet) Area (sq. ft.) Existing 35 Stella St. 30 150 4,500 Existing Portion of Lot 36 Stella St. 19* 150 2,700 Proposed 35-A Stella St. 49* 150 7,316.62 *Average FINDINGS: 1. The applicant submitted a companion application for site plan review under Docket OM-8-15, which proposes the construction of a pool with equipment, an outdoor fireplace and landscaping beds. 2. Proposed Lot 35-A contains an existing principal building, an existing accessory building in the rear yard, and a significant Bald Cypress tree in the front yard. The improvements are built across the property line shared by the existing lots. Revised: 04/10/15
Docket No. 3. As per Sec. 40-46(6) and Sec. 40-172(1)a.1.vi, building over lot lines is prohibited. Development sites comprised of multiple lots are required to subdivide into one (1) lot of record prior to the issuance of a building permit. 4. Sec. 40-743(a) and (b) require an accessory building not part of the principal building to be not less than three (3) feet from the nearest interior lot line and the combined gross area of all accessory buildings shall not occupy more than forty (40) percent of the required rear yard. 5. ICE-Building has determined that the request entails coverage of approximately seventyfour (74) percent of the required rear yard by the existing accessory building, as well as placement of the accessory building two feet from the interior side lot line. The applicant is requesting waivers to these subdivision requirements (see Table 3) 6. The R-1B Suburban Residential District requires a lot width of 60 ft., depth of 120 ft. and area of 7,200 sq. ft. [Sec. 40-109(b)]. The petitioned property features a width of 48 ft. along the primary frontage of Stella Street, a depth of 150 ft., and an area of 7,316.52 sq. ft. 7. The proposed subdivision does not meet the minimum width requirements for the R-1B district; however, the development site is an existing situation and the proposal does not create a greater deficiency in lot width. 8. The UDC has established a set of review criteria for preliminary/final plats [Sections 33-2.26(b)(3)&(d)(3)], which has been applied to the proposed subdivision (see Table 1). Additional criteria for Block & Lot Standards as per Section 33-6.4 have also been applied (see Table 2). The proposed subdivision meets all criteria, except lot width. 9. The administrative departments have reviewed this plan via the LURTC review process with objections from ICE-Building (see below for complete departmental comments). There are no reported building or zoning violations. DEPARTMENT COMMENTS: PUBLIC WORKS: Public Works is NOT OPPOSED to this Case but has the following Stipulations: The Department of Public Works (on 2/13/15) requires the Planning Department to place the general stamp on the plan. The Traffic Engineering Division finds that the sight triangles are not an issue at the present time and a TIA is not required. BUILDING PLAN REVIEW: ICE - Building is OPPOSED to this Case for the following reasons: The resubdivision of these lots will create a substandard lot width of 49 feet, because R1B zoning requires a minimum lot width of 60 feet. Only 40 percent coverage of the required rearyard is allowed with accessory buildings. The existing accessory is covering approximately 74 percent of the required rear yard. This is also creating an insufficient 2 foot setback from the side lot line for the existing accessory building, because a 3 foot setback from the side lot line is required. The exterior wall of the accessory building that is shown to be less than 3 feet from the side lot line must be one hour fire resistance rated with no openings in it and must be verified by a design professional. SITE PLAN REVIEW: ICE - Site Plan is NOT OPPOSED to this Case. EASTBANK FIRE: Eastbank Consolidated Fire Department is NOT OPPOSED to this Case. PARISH ATTORNEY: Parish Attorney is NOT OPPOSED to this Case. ENVIRONMENTAL: Environmental Department is NOT OPPOSED to this Case. 911: 911 is NOT OPPOSED to this Case. CONCLUSIONS: The subdivision would remedy an existing situation where a house and accessory building are built across the property line. The subdivision is required in order to meet the requirements of the OMNCD and would allow the property owner to further improve the property. The waivers for the existing accessory building are necessitated by the request for the subdivision and are the minimum necessary to permit reasonable use of the property. Revised: 04/10/15 Page 2
Docket No. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed subdivision supports: Goal 1 of the Housing Element, Preserve and revitalize existing housing and neighborhoods. PLANNING DEPARTMENT RECOMMENDATION: The Planning Department recommends Approval. OMC RECOMMENDATION: The Old Metairie Commission recommends Approval. PLANNING ADVISORY BOARD: Table 1 PRELIMIRY/FIL PLAT REVIEW CRITERIA [Sections 33-2.26(b)(3)&(d)(3)] COMPLIANCE CRITERIA YES NO COMMENTS Consistent with Comprehensive Plan Consistent with existing or proposed zoning of property Availability of adequate facilities and services Suitability of site for proposed 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 Existing development Does not alter the character of the surrounding area This is a Preliminary and Final Plat application as per Sec. 33-2.26(d)(2). The LURTC process is complete with opposition from ICE-Building. Revised: 04/10/15 Page 3
Docket No. Table 2 BLOCK AND LOT STANDARDS [Section 33-6.4] COMPLIANCE STANDARDS YES NO COMMENTS Adequate Building sites Proposed Lot 35-A contains an existing single required family home Remnants not allowed No remnants are created Block Depth Block Length Lot Depth, Width, and Area Lot Arrangement Lot Frontage Lot Lines Lot Orientation Proposed Lot 35-A does not meet required width for R-1B; however, it is the extent of property owned and is an existing development site. Table 3 SUBDIVISION WAIVER [Section 33-2.31] COMPLIANCE STANDARDS YES NO COMMENTS Property cannot be developed reasonably under the provisions of the Code The accessory building is an existing condition. Waiver will not conflict with purposes of the Code Waivers will not conflict with purposes of UDC as set forth in Sec. 33-1.4. Hardship does not apply to other properties in the Parish (i.e., size, shape, topography or other physical conditions) If applicant complies with the Code, will be unable to make reasonable use of property Hardship does not exist because of conditions created by the owner or previous property owner Waiver will not confer any special privilege that is denied by the Code to other similarly situated and configured lands Granting waiver will not be contrary to public interest Waiver is the minimum modification to the Code necessary to alleviate the hardship Hardship does apply to other properties in this area of the Parish due to the age and plat layout of the neighborhood. If applicant complies with the Code, the applicant will be unable to improve the property. Hardship exists because the Code requires a subdivision when building over property lines. Waivers will not confer any special privilege. Waivers would not be contrary to public interest. Waivers are the minimum necessary to alleviate hardship. Revised: 04/10/15 Page 4
210 Stella Street Subdivision of Lot 35 and a portion of Lot 36 into Lot 35-A, Vincent Subdivision SUMMARY NO. DOCKET NO. COUNCIL DISTRICT 5 Aerial Petitioned Property 2 03/20/15 FIGURE 1
210 Stella Street Subdivision of Lot 35 and a portion of Lot 36 into Lot 35-A, Vincent Subdivision SUMMARY NO. DOCKET NO. COUNCIL DISTRICT 5 Aerial of Vicinity Petitioned Property R-1C R-1B 3/20/15 FIGURE 2
210 Stella Street Subdivision of Lot 35 and a portion of Lot 36 into Lot 35-A, Vincent Subdivision SUMMARY NO. DOCKET NO. Geranium Street (side) Cypress Tree COUNCIL DISTRICT 5 Survey Petitioned Property 2 Existing Building Vincent Avenue (side) 150 Existing House 50 Stella St. Existing accessory structure is 2 feet from proposed lot line and covers appx. 74% of rear yard Avenue E (side) 03/20/15 FIGURE 3