APPROVAL OF MINUTES

The minutes of the regular meeting of October 15, 2018 were presented for approval. CRAIG OWENS – MOTION TO APPROVE

WILLIAM LIEBERMANN – MOTION SECONDED

MOTION UNANIMOUSLY APPROVED BY THE BOARD (MINUS RON REIM)

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NEW BUSINESS

6345 CLAYTON ROAD – CONDITIONAL USE PERMIT – GENERAL CUP

Director Susan M. Istenes summarizes the following staff report: “The 6,080 square foot property is located on the north side of Clayton Road between DeMun Avenue and Skinker Boulevard. The property has a zoning designation of C-2 General Commercial District and is located in the Clayton Road Urban Design District. The property contains a two-story, which has been used by the owner as an office. The owner is proposing to convert the first and second floors into living space and move the office into the basement level. The proposed living space includes two bedrooms and one bathroom, totaling 1,650 square feet. The proposed office space includes a work area and one bathroom, totaling 293 square feet. The existing parking pad in the rear yard will remain and provides seven parking spaces. No exterior building alterations, site improvements or landscaping are proposed at this time.

CRITERIA FOR REVIEW

Live/work units are permitted in the Clayton Road Urban Design District subject to approval of a conditional use permit as per Article VII of this Chapter and the following criteria. Conditional uses are those types of uses that are considered to be desirable, necessary or convenient to the community but which by their nature can create additional traffic volume, parking demand beyond the development's capacity, and/or a detrimental impact on adjacent or neighboring properties due to noise, pollutants or other characteristics associated with that particular use.

Compatibility

1) The Clayton Road Urban Design District Regulations define a live/work unit as “A structure with a combination of uses where work activities occur, and a dwelling unit is included for the business occupant. Such unit shall have only one (1) kitchen and not more than fifty percent (50%) of the structure shall be dedicated for a business use. The dwelling unit shall be occupied by either the owner, the tenant or the owner or tenant's employee. The residence must be the residence of a person responsible for the work performed on the premises.” >> The proposed live/work unit conforms to the definition above. Only one kitchen is located within the building, the business owner will live on site and the office will account for less than fifty percent of the building area.

2) The proposed use is compatible with surrounding uses and with the surrounding neighborhood;

The residence must be the residence of a person responsible for the work performed on the premises.” >> The proposed live/work unit conforms to the definition above. Only one kitchen is located within the building, the business owner will live on site and the office will account for less than fifty percent of the building area.

2) The proposed use is compatible with surrounding uses and with the surrounding neighborhood;

3 >> The surrounding land uses include single family residential to the north, multi- family residential to the south and commercial to the east and west. The proposed live/work unit is compatible with the surrounding neighborhood.

3) The comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood; >> The existing structure is comparable in size to adjacent structures. The applicant is not proposing changes the massing of the existing structure.

4) The proposed use will not adversely affect the general appearance of the neighborhood due to the location of the proposed use on the parcel of ground or due to the materials used in the construction of any proposed buildings being greatly dissimilar to surrounding appearances of buildings or due to the architecture of any proposed building being of such nature as to create visual disharmony within the neighborhood; >> No exterior changes to the building are proposed at this time.

5) The proposed use will not adversely affect the neighborhood in terms of water runoff, noise transfer or heat generation due to significant amount of hard surfaced areas for buildings, sidewalk, drives, parking and service areas; >> At this time, staff does not anticipate adverse effects with respect to water runoff, noise transfer, or heat generation.

6) The frequency and duration of various indoor and outdoor activities and special events associated with the proposed use will not have a deleterious impact on the surrounding area; >> Staff is of the opinion that the live/work unit will be comparable to other uses nearby and that it will not have a negative impact on surrounding properties.

7) The proposed use is likely to remain in existence for a reasonable length of time and not become vacant or unused and whether such use involves the presence of unusual, single- purpose structures or components of a temporary nature; >> The proposed use does not involve unusual single-purpose structures or temporary components.

8) The proposed use complies with the standards of the Zoning Code and good planning practices; >> Staff is of the opinion that the use complies with the Zoning Code and good planning practices.

Landscaping