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HomeMy WebLinkAbout10152009 ZBA DKT 2009-12 STAFF REPORT City 1 West Univeisity Place *Texas Memo To: Zoning Board of Adjustments From: Debbie Scarcella, City Planner Date: June 16, 2008 Re: Staff Report for Docket 09-12 The applicant in Docket 09-12 3420 Albans is requesting a special exception under Article 7 Section 7-5a Note 7 of the zoning regulations The applicant requests to be allowed a curb cut and driveway section up to 40' wide instead of the maximum 24' width allowed. Background Information The applicant received a permit to construct a new residence with an attached, side loading (from Sewanee) two- car garage with a driveway width of 20' and curb cut width of 24'. The property is located on the northeast corner of Albans and Sewanee. The driveway and curb cut widths are within the maximum dimensions specified in Table 7-5a of the zoning regulations. There was an additional 10' x 15' (appr) concreted area"parking pad" connecting the driveway to a side entrance into the structure shown and approved on the plans. The applicant now wishes to utilize the existing curb cut and approach to the garage located on the south side (right side if facing the driveway looking from Sewanee). By doing this, the applicant would effectively increase the driveway width to 30' and the curb cut width to 40'. Staff Response Table 7-5a, Note 7 provides for a special exception to be granted for alternative parking areas, driveways and maneuvering areas. The applicant consulted with the Urban Forester regarding a 26" Ash tree located adjacent to the driveway. The Urban Forester stated that although there will be some impact to the tree no matter what plan is followed, utilizing the existing driveway would create less of an impact to the Ash tree than the approved parking pad. The ZBA has the authority to grant a special exception for parking areas, driveways, and maneuvering areas if it finds that (1) The other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs; (2) The other location or design will prevent the destruction of a qualified tree; (3) In the case of the remodeling of a principal building, the location requested is the same location as an existing parking area, garage or driveway; or 2708 Pemberton Page 1 6-16-08 (4) The location or design requested is necessary for safety consideration. Section 11-02 further requires that the ZBA consider the following circumstances and find them to be present: (1) The proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The proposed special exception will be in harmony with the general purpose and intent of this ordinance. The burden is on the applicant to present evidence to the Board to support each finding and determination required for the issuance of a special exception or variance. If the Board grants a special exception or variance, the Board can attach conditions. I 2708 Pemberton Page 2 6-16-08