DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA SUBDIVISION REPORT DOCKET NO: ES-89-15-PF SUMMARY NO: COUNCIL DISTRICT 2 Paul D. Johnston COUNCIL AT LARGE: A Chris Roberts B Elton M. Lagasse ADVERTISING DATES: 08/05/15 08/12/15 08/19/15 PAB PUBLIC HEARING: 08/27/15 COUNCIL HEARING: LAST MEETING DATE FOR COUNCIL ACTION: 12/09/15 SUBDIVISION: LOCATION: OWNER: Sparrow Lane 13 Sparrow Lane; bounded by Sparrow Lane and Midway Drive. Hui Kim and Cory D. Hebert ZONING: R-1C Rural Residential District (Figure 1) FUTURE LAND USE: REQUEST: LDR Low Density Residential Subdivide Lots 13 and 14, Square A, Sparrow Lane Subdivision into Lot 13-A, Square A, Sparrow Lane Subdivision. DESCRIPTION OF PROPOSED LOT: Type Lot Number Table 1: Existing and Proposed Lot Dimensions Primary Frontage Average Width (feet) Average Depth (feet) Area (sq. ft.) Existing 13 Sparrow Lane 90* 100* 8,986.27 Existing 14 Sparrow Lane 90 100 9,000 Proposed 13-A Sparrow Lane 100* 180* 17,986.27 *Approximate FINDINGS: 1. Lot 13 contains an existing single-family dwelling and Lot 14 is undeveloped with shrubs around the perimeter and functioning as the rear yard to the house located on Lot 13 (Figure 2). The two lots have functioned as one development site since 1981. 2. The purpose of the subdivision is to create one lot of record. Because an accessory structure must be on the same lot as the principle structure, the subdivision would give the owner the option to construct an accessory structure on the portion of the development site that is Lot 14. 3. The proposed subdivision will create a lot that is both a corner and a through lot with frontage on Sparrow Lane and Midway Drive (Figure 3). The creation of a through lot in or abutting a residential zoning district, when the abutting lots are not also through lots, requires approval by the Parish Council. 4. The plat for Sparrow Lane Subdivision was approved in 1969 (Docket No. ES-118-69) and at the time was zoned R-1A Single-Family Residential District. In 1989, the petitioned property was rezoned to R-1C as part of a zoning area study (Docket No. E-37-89). 5. The R-1C district states the minimum lot requirements are an area of 12,000 square feet, a width of 80 feet, and a depth of 150 feet [Section 40-129(b)]. Existing Lots 13 and 14 both
Page 2 meet the minimum lot width requirement, but neither meets the minimum lot depth or area requirement. Proposed Lot 13-A meets all minimum lot requirements. 6. The proposed subdivision will result in a change in lot orientation: what is the rear of Lots 13 and 14 would become the interior side-yard of Lot 13-A; what is the front would become the side along Sparrow Lane; and what is the street sides would become the fronts (Figure 4). Additionally, abutting Lots 11 and 12 would become reverse corner lots and would be subject to a 15-foot clear vision area where their rear yards abut the front yards of Lot 13-A, and also would be subject to more restrictive side-yard setbacks for accessory structures. 7. The existing residence on Lot 13 does not meet the minimum setback requirements for the front, rear, and side yards. When subdivided into proposed Lot 13-A, the existing residence would still not meet the minimum setback requirements on the front and north side-yard, but would meet the rear and south side-yard setback requirements (Table 2). Table 2: Existing and Proposed Setbacks of Existing House at 13 Sparrow Lane Existing Lot 13 Provided Setback Proposed Lot 13-A Provided Setback Required Front Setback 30 ft. 19.7 ft. 9.6 ft. Required Rear Yard Setback 20 ft. 7.4 ft. 91.6 ft. Required Side-Yard Setback 10 ft. 9.6 ft. 19.7 ft. 1.6 ft. 7.4 ft. 8. The UDC has established a set of review criteria for preliminary and final plats, which has been applied to the proposed subdivision (Table 3). Additional criteria for Block and Lot Standards have also been applied (Table 4). The proposed subdivision does not comply with the established block and lot criteria because the proposed lot would become a through lot and therefore requires a subdivision waiver. 9. The UDC has established a set of review criteria for subdivision waivers, which have been applied to the proposed subdivision (Table 5). The proposed subdivision meets four of the eight criteria. 10. This application has been reviewed by the administrative departments without opposition, with notations from ICE Building regarding setbacks and orientation. There are no zoning or building violations associated with the petitioned property. DEPARTMENT COMMENTS: Public Works is NOT OPPOSED to this Case but has the following Stipulations: ES-89-15-PF The Department of Public Works (on 6/29/15) requires the to place the general stamp on the plan. The Traffic Engineering Division finds that the sight triangles are not being altered and a TIA is not required. ICE - Building is NOT OPPOSED to this Case but has the following Stipulations: This newly created lot 13-A will change the front and side yard orientation of the previous lots13 and 14. It will change the new lot into a corner lot and also a through lot, or a lot with double frontage, and it will also be a key lot to the two abutting lots 11 and 12. Lots 11 and 12 will become reverse corner lots. Because of these changes the existing residence on newly created lot 13-A will have an insufficient front yard setback of 9.6 feet and an insufficient side yard setback of 7.4 feet. R1C zoning requires a 30-foot front yard setback and a 10-foot side yard setback. This resubdivision will make lots 11 and 12 reverse corner lots and will also impose all the required setback requirements for reverse corner lots on lots 11 and 12 and will also create 15-foot clear vision sight triangles on rear corners of lot 11 and 12 that abut on the side street property lines. Any existing fences may not meet the required front yard and clear vision sight triangles regulations. ICE - Site Plan is NOT OPPOSED to this Case. Eastbank Consolidated Fire is NOT OPPOSED to this Case. Environmental Department is NOT OPPOSED to this Case. Parish Attorney is NOT OPPOSED to this Case. 911 is NOT OPPOSED to this Case.
Page 3 CONCLUSIONS: The petitioned property is in a unique situation because it is located on a block that is two lots wide by two lots deep. Any recombination of lots would result in a through lot. However, because there are no other through lots in the area, the creation of a through lot would be inconsistent with the character of the area and the design of other lots within the vicinity. Because subdivision of the petitioned property will result in a lot reorientation, the abutting property owners would be required to comply with additional side-yard setback requirements for accessory structures and clear vision areas. If unable to comply, the abutting property owners would be negatively affected by the proposed subdivision. CONSISTENCY WITH COMPREHENSIVE PLAN: The subdivision is consistent with the Comprehensive Plan because it supports: Goal 2: "Promote diverse range of housing opportunities, by type, size, density, cost, and location, consistent with demand and need. Policy 6.2: Support housing sites, designs and related amenities which make a positive contribution to public space and neighborhood vitality. PLANNING DEPARTMENT RECOMMENDATION: The recommends Denial. PLANNING ADVISORY BOARD: Table 3 PRELIMINARY/FINAL PLAT REVIEW CRITERIA [Sections 33-2.26(b)(3)&(d)(3)] CRITERIA 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 COMPLIANCE YES NO COMMENTS Compatibility of development with neighborhood norm Lots in the vicinity are irregular in size but generally consistent in shape and orientation, and there are no other through lots. Development is within reasonable distance to public facilities and access Consistent with adopted design for lots and blocks Creates a through lot that does not abut an arterial street. See Table 3. 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 N/A N/A Consistent with applicable Concept Plan N/A N/A Consistent with approved Preliminary Plat N/A N/A LURTC process complete
Page 4 STANDARDS Adequate Building Sites Table 4 BLOCK AND LOT STANDARDS [33-6.4] COMPLIANCE YES NO COMMENTS No Unusable Remnants Created Block Depth N/A N/A Block Length N/A N/A Lot Area Lot Arrangement Lot Frontage Lot Lines Lot Orientation Single-Family Residential Lots Existing Lots 13 and 14 front on the south portion of Sparrow Lane. Proposed Lot 13- A fronts on Midway Drive and the east portion of Sparrow Lane. The proposed subdivision changes lot orientation of abutting lots so that their rear abuts side of proposed lot. Through lots are prohibited in residentially zoned areas unless the rear of the lot abuts an arterial street. Neither Sparrow Lane nor Midway Drive are arterial streets.
Page 5 STANDARDS Property cannot be developed reasonably under the provisions of the Code Table 5 SUBDIVISION WAIVER REQUIRED FINDINGS [Sections 33-2.31(d)] COMPLIANCE YES NO COMMENTS While the existing lots are both deficient in required depth and area, they are sufficiently sized and configured for single-family residential development. Waiver will not conflict with purposes of the Code (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 Waiver will not negatively affect the general welfare, development, and use of land and is consistent with the Comprehensive Plan. Hardship does apply to other properties in the Parish, including properties in the immediate vicinity which area similarly configured. The existing lots are both deficient in required depth and area, yet they are sufficiently sized and configured for single-family residential development. Strict compliance with the Code will prevent the proposed subdivision into a single lot of record and would prevent a possible accessory structure for the house on Lot 13 from being located on Lot 14. Hardship does not exist because of conditions created by the owner. The two lots have been in single ownership since 1981 when purchased by the previous owner. Other adjacent lots that request to be subdivided into one lot of record are often processed as a minor subdivision. This situation is unique in that the block on which the subject property is located contains only four lots in a square. The petitioned property is already functioning as one development site and surrounding properties are already developed with singlefamily residences. Waiver could potentially adversely affect properties within the vicinity due to the lot reorientation if abutting property owners were unable to comply with additional setback and clear vision area requirements. Waiver is the minimum necessary to allow these two lots in single ownership to be combined into one lot of record.
Sparrow Lane Subdivision Subdivision of Lots 13 and 14 into Lot 13-A SUMMARY NO. DOCKET NO. ES-89-15-PF COUNCIL DISTRICT 2 Zoning and Vicinity Petitioned Property R-1A R-1C R-1B R-1D 8/19/15 FIGURE 1
Sparrow Lane Subdivision Subdivision of Lots 13 and 14 into Lot 13-A SUMMARY NO. DOCKET NO. ES-89-15-PF COUNCIL DISTRICT 2 Aerial Proposed Lot Lines Properties in Sparrow Lane Subdivision 8/19/15 FIGURE 2
Sparrow Lane Subdivision Subdivision of Lots 13 and 14 into Lot 13-A SUMMARY NO. DOCKET NO. ES-89-15-PF COUNCIL DISTRICT 2 14 Survey Proposed Lot Lines 13-A 13 8/19/15 FIGURE 3
Sparrow Lane Subdivision Subdivision of Lots 13 and 14 into Lot 13-A SUMMARY NO. DOCKET NO. Lots 11 and 12 become reverse corner lots. ES-89-15-PF COUNCIL DISTRICT 2 Side-yard becomes Front yard. Setbacks and Proposed New Lot Orientation Petitioned Property New 15-ft. clear vision sight triangle. 8/19/15 Rear yards become Side-yard. Note: Setbacks for abutting properties are approximate. Front yards become Side-yard. Side-yard becomes Front yard. FIGURE 4