HomeMy WebLinkAbout07182013 ZBA Staff Report Docket 2013-05 6544 SewaneeMemo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: July 10, 2013
Re: Staff Report for Docket 2013 -05
Variance Request
The applicant in Docket 2013 -05, 6544 Sewanee, is requesting a variance to Section 10 -100, entitled "Off- Street
Parking ", of the Zoning Ordinance, specifically Table 10 -100 under "SFD Use ", in order to reduce the minimum
depth requirement of the required parking space between the garage door and the public roadway. The applicant
is seeking relief because he cannot enter the driveway without hitting the underside of his vehicle against the
steeply sloped driveway entry between the sidewalk and the roadway.
Background Information
The structure located at 6544 Sewanee was approved for construction in 2012 and is currently working towards
obtaining final approvals and the certificate of occupancy. The plans show a side entry garage from Carnegie
Street. The distance from the garage door to the public sidewalk is 18'. The sidewalk was redirected toward the
curb (per plan) in order to accommodate a parking space per Table 10 -100.
In Section 10- 102(a), the dimension of a parking space is established as 9' (nine feet) wide by 18' (eighteen feet)
deep. Table 10 -100, specifically the "SFD Use" regulation, requires a third parking space between the garage
door and the public roadway without encroaching into the public sidewalk Staff generally allows the relocation
of the sidewalk to accommodate this dimension as long as the Americans with Disabilities Act and the Texas
Accessibility Standards for maximum and minimum slopes for public walkways are met. The existing driveway
meets the City Code and the ADA/TAS requirements.
The applicant believes that by reducing the length dimension of the parking space, and locating the public
walkway closer to the property line, he will be able to achieve the required maximum/minimum sidewalk slopes
and get a flatter slope to the driveway entry so that his vehicle no longer scrapes bottom. The requirement of the
additional parking space is to accommodate extra vehicles in the driveway without blocking or encroaching into
the public spaces designed for pedestrian use.
Staff Response
Staff believes that the ZBA has generally the authority to grant variances, but according to Section 11- 102, the
ZBA may not issue a variance unless all of the following circumstances are present:
(1) The ZBA must make all findings and determinations required by state law for the granting of a variance,
which are: (i) due to special conditions, a literal enforcement of the Zoning Ordinance provision would
result in unnecessary hardship, (ii) by granting the variance, the spirit of the ordinance is observed and
substantial justice is done, and (iii) the variance is not contrary to public interest.
6544 Sewanee Staff Report Page 1
(2) The ZBA must make any additional findings and determinations required by a specific provision of this
ordinance that relates to the variance.
(3) The variance must be reduced to writing including any conditions prescribed by the ZBA or required by this
ordinance for the variance in question.
The ZBA may prescribe conditions in connection with any variance to the extent necessary to enable the ZBA to
make any of the findings or determinations necessary for the granting or issuance of the variance or the extent
otherwise necessary to minimize or diminish any adverse effects of the variance.
6544 Sewanee Staff Report Page 2