Capitol Zoning District Commission Staff Report 11/05/2020 Dac / Bim
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CAPITOL ZONING DISTRICT COMMISSION STAFF REPORT 11/05/2020 DAC / BIM Location: 1214 West Sixth Street Applicant: Matt Looney for Capitol View Apartments, LLC Permit Type: Temporary Use Permit Project Description: The owner proposes to use five apartment units as short-term rentals, marketed on home- sharing websites such as Airbnb. Historic Significance: This property was originally adjacent to a complex of houses on the southwest quadrant of Block 304, listed as N.W. Herron Green Houses. The lot itself originally held an outbuilding for what seems to be the larger complex but was cleared by the early 1910s. The brick veneer apartment building that stands today was in place by 1939 at a time when the historically residential block between Cross, Pulaski, Capitol, and 6th Streets was becoming more commercial in character. By the midcentury, almost all the original houses on the block were removed in favor of larger commercial buildings and parking lots. The current owner purchased the property in 2018 and has since renovated it for continued use as am apartment building. Previous Action: Staff granted an occupation permit for a lawn service in 1997. Some interior and utilities renovations were approved in 2008. Staff issued a permit to replace the siding in 2013 and another for a roof replacement in 2017. Staff granted a permit in 2019 to install a privacy fence around the east parking lot and another for various exterior rehab work such as a roof replacement and front entrance rehabilitation using in-kind materials in keeping with historic appearance. A subsequent amendment to this permit allowed for replacement of non-original windows. In August 2020, an application to use the building for 18 apartment units was denied by staff because the proposal exceeded the maximum allowable residential density for this zone (1 dwelling unit per 1,200sf of lot area). A revised application to the put the building back into service as 15 units was subsequently approved by staff, since this had been the “grandfathered” use, pre-dating the creation of the District. (The request for 18 units had represented an expansion of the non-conforming use, a type of change not generally allowed.) In October 2020, staff discovered the owners had replaced the original windows on the front of the building and installed front porch columns and a lighted sign. The sign covers the historic transom window and the sidelight flacking the front door had been replaced with models narrower than the historic opening. These changed were not contemplated in the 2019 permit to rehabilitate the exterior. 1 Zoning: The property is located in Zone “A,” State Capitol Foreground. This mixed-use zone calls for medium- scale office and commercial buildings, with some taller structures allowed along Capitol Avenue. Similar Cases: The Commission has issued several permits over the years for bed-and-breakfast uses, including 2120 S. Louisiana and 212 W. 22nd (Empress of Little Rock), 400 W. 18th (Rogers House), 1700 S. Louisiana (Carriage House Bed and Breakfast), 2021 S. Arch (Robinwood Bed and Breakfast), and 1868 S. Gaines (Quapaw Inn). In 2008, the Commission issued permits for guest houses at 515 W. 15th and 1410-12 S. Arch (Rosemont Cottages). Since the rise of web-based “home-sharing” platforms like Airbnb and VRBO, the Commission has considered several applications for short-term rental uses. The Commission has generally approved these requests, except for one application in Zone M (Mansion Area residential). See the table below. Recent applications for short-term rental uses in the Capitol Zoning District OWNER UNITS UNITS YEAR ADDRESS AREA / ZONE OCCUPIED REQUESTED APPROVED 2018 705-707 Dennison Capitol / B No 3 3 2019 1800 S. Arch Mansion / M Yes 1 1 2019 1300 S. Broadway Mansion / N No 1 1 2019 2020 S. Broadway Mansion / N No 1 1 2019 1500 S. Spring Mansion / M Yes 1 1 2019 1601-1605 Center Mansion / M No 3 0 2020 1712 S. Broadway Mansion / N No 4 4 2020 1719 S. Arch Mansion / M Yes 3 3 2020 108 S. Pulaski Capitol / B No 1 1 2020 1424 S. Main Mansion / O No 16 8 Capitol Zoning District Commission Rule, Section 2-108, Non-Conforming Uses of Land and Structures B. Uses of Land 1. Authority to Continue Any lawfully existing non-conforming use of part or all of a structure … may be continued, so long as it remains otherwise in conformance with the provisions of this section. The property’s use as a 15-unit apartment building may continue as a legal, non-conforming use under this section. See Standard Z2.2, below. 5. Change in Use Existing lawful use of land which does not conform to the provisions of this Rule at the date of adoption may continue. In no case shall a change from one non-conforming use group to another non-conforming use group, or change from one use to another within the same use group, be allowed nor permitted by the Capitol Zoning District Commission. One may contend that this provision precludes the Commission from allowing a change from 15 traditional apartment units to 10 traditional units and five short-term rentals. Staff believes this represents an unnecessarily stringent interpretation and holds that the Temporary Use Permit language “for activities otherwise prohibited” (Sec.2-105, C6.b, below) can accommodate the applicant’s request. 2 6. Abandonment or Discontinuance When a non-conforming use of land … is discontinued or abandoned for a period of 180 consecutive days (regardless of any reservation of an intent not to abandon and to resume such use), such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land … shall comply with the regulations of the zone in which such land or structure is located. Staff believes this language, however, might still be applicable. If the use of five units as traditional apartments is abandoned for more than 180 days, then this provision indicates they should not be put back into service. Review Criteria for Temporary Use Permits: Capitol Zoning District Commission Rule, Section 2-105, Permit Approval Procedure C.6. A Temporary Use Permit may be issued to permit an activity and associated temporary signage that otherwise is not allowed by right. a. Staff may issue a Temporary Use Permit for an activity that would otherwise require a Conditional Use Permit and/or full enclosure if staff determines the proposed activity substantially complies with all of the following standards: (i) The proposed use or activity is so designated, located and proposed to be operated in such a manner that the public health, safety and welfare will be protected. (ii) The proposed use or activity is compatible with and will not adversely affect other property in the area where it is proposed to be located. (iii) The proposed use or activity would not exceed fourteen (14) days in duration. (iv) All requirements of other public agencies would be met. (v) Any associated signage would not be permanently affixed, would not exceed thirty-six (36) square feet, and would be removed in a timely fashion following the proposed use or activity. (vi) The maximum time approved for all Temporary Use Permits issued by staff for the property in question would not exceed eight (8) weeks per 12-month period. b. If the Staff determines all of these standards will not be met, the application shall be scheduled for a public meeting before the Commission. The Commission will also review all Temporary Use applications for activities which would otherwise be prohibited. (i) When reviewing requests for Temporary Use permits, the Commission shall consider the criteria above, as well as the impact of the proposed activity on the property, on neighboring properties, and the goals of the Master Plan. (ii) A Temporary Use Permit may be granted by the Commission for any time period up to one year from the date of issuance. Changing from 15 traditional apartment units to 10 traditional units and five short-term rentals is a change that would be otherwise prohibited. See Section 2-108, B5, above. The Commission may approve the requested use for up to one year. (After that, it will have to be discontinued or re-approved.) F. 1. All changes in the Capitol Zoning District will be evaluated according to the General Standards and the applicable Area Master Plan Also, a. Changes to historic structures or site features shall be evaluated according to the Rehabilitation Standards for Historic Properties. i. Structures and site features 40 years or older are assumed to be historic, unless they have been significantly altered, and reversing the alteration(s) would be impossible or wholly unreasonable. …… F.5. (a) In reviewing the application, the Commissioners shall consider the application and base their decision upon the report of the Staff … advice from Advisory Committees, impact of the proposal on the property, neighboring properties, the District as a whole, the goals of the Master Plan, any applicable review criteria, and the evidence or testimony presented by the applicant(s) and other interested parties. The Commission shall approve the permit(s) if it finds the proposal to be substantially consistent with the applicable review criteria … Staff finds the proposal should be evaluated using the General Standards and the Capitol Area Master Plan. Any changes to the structure should also be reviewed under the Rehabilitation Standards. 3 Capitol Zoning General Standards, Section 3-201 Zoning Requirements Z2. Zone “A”, State Capitol Foreground - This area should develop as a professional office center with supporting commercial uses. Medium-scale offices should be the predominant building type, with taller structures allowed on Capitol Avenue.