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Staff Recommendation

Approve the request for a garage apartment with approximately 1,645 sq ft of floor area, as shown in the development plan, subject to 3 conditions.

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1) If during design plan approval or construction of the development, it is discovered that unforeseen off-site improvements within the right-of-way are necessary as caused by the development, the developer will either enter into a memorandum of understanding (MOU) with the County for these improvements or reimburse the County for their direct expenses (if completed by County crews) to make corrections deemed necessary.
2) Meeting all applicable requirements of the Knox County Department of Engineering and Public Works.
3) Meeting all applicable requirements of the Knox County Zoning Ordinance.

With the conditions noted, this plan meets the requirements for approval in the RA district and the criteria for approval of a use on review.

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This proposal is for a garage apartment or the applicant's elderly mother, and the applicant is asking for reasonable accommodation under the Fair Housing Act (Exhibit B). The property is zoned RA (Low Density Residential), which allows a garage apartment as a use permitted on review. A garage apartment is defined as a dwelling unit above a private garage. This proposal is for a one-story garage apartment to better accommodate the applicant's mother. The Planning Commission can consider the one-story apartment as a use on review, under the Fair Housing Act, which requires reasonable accommodations to people with disabilities.

DEVELOPMENT STANDARDS FOR USES PERMITTED ON REVIEW (ARTICLE 4.10, SECTION 2)

The planning commission, in the exercise of its administrative judgment, shall be guided by adopted plans and policies, including the general plan and the following general standards:

1) THE USE IS CONSISTENT WITH ADOPTED PLANS AND POLICIES, INCLUDING THE COMPREHENSIVE PLAN OF KNOX COUNTY.
A. The property is designated as the RL (Rural Living) place type in the Comprehensive Plan. The RL place type recommends single family as a primary use. A garage apartment is an accessory use that is consistent with the intent of the RL place type.
B. The proposed garage apartment is consistent with the Comprehensive Plan's Implementation Policy 6 to promote attainable housing that meets the needs of future and current residents.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE.
A. The RA zone is intended to provide for residential areas with low population densities. The proposed garage apartment is permitted through the Use on Review process.
B. The minimum lot area is 12,000 sq ft to allow consideration of a garage apartment. The property is approximately 22,428 sq ft.
C. The allowable maximum height is 18 ft to the bottom of the ceiling joists of an accessory structure. The proposed structure is less than 10 ft to the bottom of the truss.
D. The minimum side setback requirement is 5 ft for an accessory structure greater than one story and the rear setback requirement is 10 ft. The proposed plan meets these requirements.

3) THE USE IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD WHERE IT IS PROPOSED, AND WITH THE SIZE AND LOCATIONS OF BUILDINGS IN THE VICINITY.
A. The houses in this area are predominantly two stories. The one story garage apartment is located at the rear of this property.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY BY NOISE, LIGHTS, FUMES, ODORS, VIBRATION, TRAFFIC CONGESTION OR OTHER IMPACTS WHICH MAY DETRACT FROM THE IMMEDIATE ENVIRONMENT.
A. The proposed garage apartment is considered a low-density residential use and is compatible with other low density residential uses in the area.

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. Traffic volume in this neighborhood will not be substantially increased as a result of the proposed apartment.

6) THE NATURE OF DEVELOPMENT IN THE SURROUNDING AREA IS NOT SUCH AS TO POSE A POTENTIAL HAZARD TO THE PROPOSED USE OR TO CREATE AN UNDESIRABLE ENVIRONMENT FOR THE PROPOSED USE.
A. There are no other known uses in the area that could be a potential hazard or create an undesirable environment for the proposed residential use.