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July 2012 |
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VICTORIA OKAYS ACCESSORY APARTMENT COUNCIL TO CLARIFY DEFINITION AND LANGUAGE Council voted 4-1 to approve a conditional use permit for an accessory apartment (single family home) on property in Victoria owned by Kevin and Kim Heenie and located at 2285 Arboretum Blvd, just west of downtown Victoria and south of Hwy 5. Applicants for the permit were Al and Louise Lehner, parents of Kim Heenie. Holly Kreft, Victoria Community Development Director, detailed the application on June 11th. "The property is approximately 48 acres, mostly wetland area, with 10 to 12 acres of buildable land," she said. "There is an existing stub at Sky Drive. The applicants are requesting a detached single family home with access to Sky Drive. They are currently living with Kevin and Kim Heenie." "The property is somewhat unique," said Holly. "It is a transition district. The property had been reguided to be zoned Central Business District. It is currently zoned residential. It was annexed to Victoria in 1977." Holly explained there is no definition of "accessory apartment" in the city code of ordinances. The term was added to the city code in 1985. She said the owner's home is 3,000 square feet while the new home is proposed to be a single level home at 1,500 square feet with an unfinished basement. "City water and sewer is currently available on the site under Sky Drive," said Holly. "The applicants are proposing to connect to city sewer and water. Heenies have a septic system and well." The Planning Commission voted 4-0 to deny the permit. They said there already was one existing accessory structure on the property, there was no definition in place for accessory apartment, and it would be simpler to apply for a lot split to accommodate another home on the property. However, city staff and city attorney said the applicants do meet the current standards of the zoning ordinance and the city can apply a reasonable definition to accessory apartment. "Why not just a lot split?" asked Councilmember Kim Roden. "I'm never comfortable backing into something new like this. How do we anticipate the rest of the acreage in the development?" "Essentially, we will have created a new zoning standard," she said. "What would stop other developers from doing this? ... What makes me nervous are the long term ramifications of this. The research I've done indicates that an accessory apartment is not a separate structure. It doesn't create two separate homes. Why not a lot split?" "It may or may not be a good thing," added Councilmember Roden. "To me, it's not consistent with how we've developed in the past." Said Councilmember Tom O'Connor, "This seems to be more of a definition problem rather than a practical problem." He added that he is not in favor of 50 accessory structures on 50 acres as Councilmember Roden suggested could happen. Holly Kreft pointed out, "We can use reasonable judgment if a definition is not in place." She said that definitive language could be in place later this year. "I'd be inclined to approve 90% of this," said Councilmember O'Connor. "I want to be in the business of responding to a thoughtful proposal by responsible people. What would stop this in another area of the city? The council! There's simply a shortfall in the language at this time." Stated Councilmember Roden, "If you want to be responsible in all aspects, you look at all the consequences. Otherwise you set yourself up for a legal challenge. I'd like the piece in place first. Otherwise you get unintended consequences." She continued, "I'd like to understand what the consequences are. I understand there's a financial concern for not doing a lot split, but I don't understand what that is. I'd like data for the long run." Said Mayor Thun, "The current ordinance allows this. New language would clarify. I've been out to Sky Drive, which may be extended into the Heenie property. There's nothing unusual about that." Said Councilmember Roden, "Could everyone in our neighborhood come in and apply for an accessory apartment? That could conceptually change a community overnight. I'd suggest we develop new zoning specifically with this in mind and address a new housing need. I'd be more comfortable if it were more intentional." City Attorney Mike Norton weighed in: "It was a rational decision for the Planning Commission to make. But our zoning official is required to deal with this and make an appropriate recommendation. I think we can control future development with our zoning ordinance. But you could have other requests. It is true that if you approve this, you have to be consistent in how you apply this. I'm not seeing real exposure to the city." Kim Roden voted nay.
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