BY COUNCILOR GILBERT:
The city council finds as follows:
(a) The city council finds a sufficient petition was filed with the city clerk by Mark and Patti Stenhammer requesting a special use permit, in accordance with sections 50-35(v) and 50-56(e), to construct and operate a 10-resident residential care facility on property described as; Lots 25-32, Block 5, New Duluth First Division and located at the southeast corner of McCuen Street and 98th Avenue West; and said permit application was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has subsequently reported its approval to the city council, with the conditions listed below;
(b) The approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.
NOW, THEREFORE BE IT RESOLVED:
(a) A special use permit is hereby granted to Mark and Patti Stenhammer, and their successors, to allow for the construction and operation of a 10-resident residential care facility on the condition that the project be developed consistent with the building elevation plan, lighting details and site plan dated October 10, 2006, with conditions a), b), and c) listed below, and on file in the Planning Department File Number 06113 as identified as Public Document No. ________________:
(1) That the north driveway intersection with 98th Avenue West be relocated so that there is a minimum of 30 feet between it and the south right of way line of McCuen Street;
(2) That the applicant be allowed to adjust the location of the primary building on the site up to 10 feet to the south of the location shown to accommodate condition (1);
(3) That a parking stall be added to the single stall shown north of the building canopy and that another parking stall be added to the three stalls shown south of the canopy.
STATEMENT OF PURPOSE: This resolution grants a special use permit to Mark and Patti Stenhammer, and their successors, to construct and operate a 10-resident residential care facility on property located at the southeast corner of McCuen Street and 98th Avenue West in the Gary-New Duluth neighborhood.
The Planning Commission recommended approval of this resolution by a vote of 13-0 at its November 14, 2006 meeting.
In recommending approval of this request, the commission found that the following facts, features, or events show compliance with Sections 50-35(v) and 50-56 (e) of the city code;
i) Will the proposed special use result in a random pattern of development with little contiguity to existing or programmed development? No, this is a residential use in an R-2, Two-Family Residential zone. Under R-2 zoning this 200' x 140' site could accommodate 4 two-family homes (8 units total), 11 townhouse units, or an elderly congregate housing facility containing 12 of fewer habitable units. R-2 zoning also allows residential care facilities up to 6 residents without a special use permit or a day care facility serving 12 or fewer people. These uses are very similar in density and character to the proposed assisted living home.
ii) Will the requested use cause anticipated negative fiscal or environmental impacts upon the community? No, this assisted living home will utilize existing infrastructure and will not place any more demand on them than the permitted uses under R-2 zoning. Development of this site in this way will constitute “infill” of an existing neighborhood. The site is flat and contains tree and shrubs, many of which will be retained.
iii) Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood? This is a residential use in a residential zone and the site and building have been configured to fit into the neighborhood in the following ways: The building and garage are single story, pitched roof structures that are residential in appearance. The applicant will retain much of the existing vegetation on the periphery of the site as well as adding additional trees to soften the building’s appearance. The applicant’s lighting plan utilizes only residential scale and downcast lighting. The applicant will not have a dumpster and will place all refuse containers in the detached garage. The site includes six off-street parking stalls to accommodate the maximum of two employees and any visitors (almost no residents of this type of facility have cars). The Comprehensive Plan recommends “Traditional Neighborhood” land use for this area which typically include other uses, such as small apartment buildings and townhouses, as incidental to the traditional homes. This use is essentially a townhouse or small apartment building where residents receive assistance in carrying out daily tasks.
iv) What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, are necessary? The following conditions were recommended by the Planning Commission:
a) That the north driveway intersection with 98th Avenue West be relocated so that there is a minimum of 30 feet between it and the south right of way line of McCuen Street.
b) That the applicant be allowed to adjust the location of the primary building on the site up to 10 feet to the south of the location shown to accommodate condition a).
c) That a parking stall be added to the single stall shown north of the building canopy and that another parking stall be added to the three stalls shown south of the canopy.
This property is currently taxable and approving this resolution will increase the tax base because both the land and building to be constructed will be taxable.
Date Petition Filed: October 16, 2006 Action Deadline: February 13, 2007