HomeMy WebLinkAbout05212009 ZBA DKT 2009-05 STAFF REPORT
Air
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: May 18, 2009
Re: Staff Report for Docket 09-05
The applicant of Docket 09-05, 4112 Judson, is requesting a variance to the Zoning Ordinance
regarding Table 7-4a, entitled "Garage space."
Table 7-4a regulates garage doors or openings and their distance from the front yard (setback) line. A
garage door or opening facing a front street line (property line) is required to be set back an additional
ten feet from the front yard (setback) line.
The applicant at 4112 Judson purchased a 79.4' x 100' lot behind their building site (4107 Emory).
The applicant combined the separate sites into one building site through an owner's designation of a
building site allowance in Article 5 of the zoning regulations. This combined building site now meets
the definition of a "through" building site and is treated as if it has two front yard (setback) lines. The
average front yard line along Judson is 20', so the front yard line for 4112 Judson has been designated
at 20'
Staff Response
The applicant purchased the building site located at 4112 Judson and combined it with their current
residence to create one "through" building site. The existing residence was demolished, but the
applicant retained the pool structure and patio surrounding the pool. The applicant is planning to
construct a 14' x 20' garage stricture on the Judson site and plans to use the existing driveway to
access the garage. The applicant also plans to constrict a new fence along the front building line to
enclose the site. The applicant requests that they be allowed to front the garage on the front yard
(setback) line in order to create better flow with the adjoining properties. The applicant states that
adhering to the requirement to place the garage an additional 10' behind the required front building
line would create an unsafe option for accessing the garage by creating a recessed area without
lighting. The proposed location will not create additional on-street parking, will not cause the sidewalk
to be blocked, and will not interfere with the streetscape view of the surrounding properties.
Staff believes that the ZBA has the authority to grant this variance, 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
Judson Staff Report Page 1
ordinance is observed and substantial justice is done, and (iii) the variance is not contrary to public
interest.
(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.
Judson Staff Report Page 2