Posted: April 04, 2024
Rapid City
Agenda Item Summary

Agenda Item Ref. #: 24UR004 - Pine Hills Subdivision

Agenda Item Title:

24UR004 - Major Amendment to Conditional Use Permit to allow a detached oversized garage with a second story accessory dwelling unit

Origination Group:
Planning Commission
Origination Meeting Date:
04/04/2024
Petitioner:
Mike Swenson
Staff Contact:
Cassie Hayes, Current Planner II
Location:
1355 Pine Hills Drive
Agenda Item Summary:
The applicant has submitted a Major Amendment to a Conditional Use Permit request to allow a detached oversized garage with a second story Accessory Dwelling Unit (ADU). The subject property is comprised of 1.98 acres and is zoned Low Density Residential District 1. The property currently contains a two-story single-family dwelling with attached garage, three detached sheds, a detached carport, and a two-story detached garage. On May 4, 2023, Conditional Use Permit #23UR005 was approved to allow an oversized garage with the following two stipulations: (1) Upon submittal of a Building Permit, the site plan shall show the first 50 feet of the driveway as paved or a Variance shall be obtained; and, (2) The Conditional Use Permit shall allow for a total of 2,772-square-feet of garage and storage space. The garage shall not be used for commercial purposes or as a second residence. Any expansion or change in use that is permitted in the Low Density Residential District 1 shall require the review and approval of a Building Permit. Any expansion or change in use that is a Conditional Use in the Low Density Residential District 1 shall require a review and approval of a Major Amendment to the Conditional Use Permit. This Major Amendment to the Conditional Use Permit is being requested to allow the second story of the garage to be finished as an ADU rather than storage space, as originally intended. Section 17.50.219 of the Rapid City Municipal Code allows attached ADUs or detached ADUs in a permanent accessory structure. Accessory structures are limited to 15 feet in height, therefore limiting ADUs to the ground floor. The purpose of the height requirement is to maintain the privacy of neighboring properties and reduce the prominence of detached ADUs in comparison to the primary residence. The stipulations of the Conditional Use Permit (#23UR005) specifically prohibited the garage to be used as a second residence to avoid conversion of the second story to an ADU. There are multiple undeveloped properties within the Pine Hills Subdivision, including the adjacent properties north, south, and east of the subject property. The undeveloped properties range in size from 0.36 acre to 4.39 acres. It is unknown what impact a second story ADU could have on the undeveloped properties and the neighborhood. A second story ADU does not protect the value of the undeveloped properties or maintain a reasonable expectation of privacy for future development on neighboring properties. In order to construct the second story as an ADU rather than storage, the applicant will need to obtain approval of this Major Amendment to the Conditional Use Permit request and approval of the companion Variance request (#24VA002) to increase the maximum height from 15 feet to 19 feet 6 inches for a detached garage with a second story Accessory Dwelling Unit. If both are approved, the applicant will also be required to obtain a building permit for the ADU.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Reject
Origination Recommendation Notes:
Planning Commission Denied the Major Amendment to Conditional Use Permit to allow a detached oversized garage with a second story accessory dwelling unit: 4/4/2024

Attachments & Links to Download:

24UR004 Project Report 

24UR004 Attachments

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