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Home My WebLink About362-BADATE: November 4, 1993 TO: Board of Adjustment FROM: I Planning Division REOuESTED Consider a request for a variance from the yard or ACTION: building setback requirements of Section 30-25 B.1. for three existing residences and accessory structures in a residential district. A variance may be allowed under Section 30-37 (e) 3. *STAFF REPORT* MIM Staff recommends approval of the four variances applied for because the applicant has satisfied Conditions A, B and C of the Code as required by the Zoning Ordinance. This is a request for a variance from the yard or building setback requirements for three existing residences and accessory structures in a residential district. The structures lie on three lots which have been replatted to a new configuration and the setbacks do not meet the Code in four instances. The property was held by a single owner for many years and the two story brick homes constructed during the late 1930's or early 1940's. The present owner wishes to sell the three parcels to three different buyers and has, had the three lots redrawn to fit the existing improvements as best he can. The three replatted lots (as shown on the amended plat) are laid out so that one lot is a square corner lot, one is an interior lot on Ashley and the other faces Seventh Street. Exhibits are attached. FILE 362-BA STATUS OF APPLICANT: • Page 2 Sam Parigi, Jr. Hubert D. Oxford, III Owner Prospective Buyer Tenant X Other (Realtor) Northeast comer of Ashley and 7th Street. LEGAL DESCRIPTION: EXISTING ZONING: FLOOD HAZARD ZONE: SIZE OF PROPERTY: EXISTING LAND USES: SURROUNDING USES: EAST: Residential SOUTH: Residential WEST- Residential (Attached Townhouses) RM.'amagin W 00000000 VIN113 Proposed Lots 14A, 15A and 16A, Block 10, Averill Addition. RM-H (Residential Multiple Family Dwelling -Highest Density District) X C (Minimal) B (Moderate) A (100 Year) Floodway 0.549 acres. Residential RM-H (Residential Multiple Family Dwelling -Highest Density District) RM-H RM-H RM-H Conservation & Revitalization. R FILE 362-BA GENERAL INFORMATION)PUBLIC UMEIIES continued. STREETS: Seventh Street, a collector with a sixty foot right-of-way. Thirty foot pavement. Ashley Avenue, a residential street. Sixty foot right-of-way with an eighteen foot pavement. DRAINAGE: 1511 storm sewer in Seventh Street; 151" storm sewer in Ashley Avenue. WATER: 611 water main in Seventh Street; 6" water main in Ashley Avenue. SANITARY SEWER 151t sanitary sewer in Seventh Street; SERVICE: 151F sanitary sewer in Ashley Street. FIRE PROTECTION: Fire protection is provided by Station #7, 1700 McFaddin. AD►EQ Existing services and utilities are OF SERVICE: adequate. No new public improvements are proposed. I" golf) I" U3 I M Z I &*I mej Page 3 The Board of Adjustment is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship 171LE 362-BA Page 4 relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. ANALYSIS Condition A: It is in the public interest to maintain older residential property that is located in areas of "'Conservation and Revitalization" according to the goals and policies of the City's Comprehensive Plan. Subject three lots, which are occupied by three 2-story brick residential structures, have been replatted to conform to the configuration of the existing improvements at 2270 and 2290 Ashley and 1150 Seventh Street. The original builder and owner constructed the homes in the late 1930's or early 1940's before the yard or building setbacks were regulated as they are today. The current owner wishes to sell the property and has found three separate buyers. The Planning Commission voted on October 18, 1993 to approve the amended final plat of Lots 14, 15 and 16, Block 10, Averill Addition into Lots 14A, 15A and 16A. This approval was, subject to the condition that a variance or variances be granted by the Board of Adjustment. There are four setbacks which on the replat do not meet code. All four are of minor concern when all is considered. Granting the variance(s) will not be contrary to the public interest. Condition B: The consulting engineer (Mark Whiteley & Associates) amended the lot configurations of the three lots to conform with existing improvements. This was done because there are three buyers. Lot 14A - Front yard is 19.4' from the front property line instead of the required 25'. Lot 15A - (corner lot) has an open carport on the interior lot line with a 1,8' setback instead of the required 5' in this instance. Lot 16A - an interior side yard lies 5' from the line instead of the 7-1/2' for 2-story houses required only since 1981. There is an open carport that is on the rear lot line behind a garage apartment. A 2-1/2' setback is required. All of these encroachments have existed many years. The present owner of the properties did not build or construct any of the existing improvements. He has been unable to find a single buyer FILE 362-BA Page 5 for all three of the improved lots but did find three able and willing buyers. The new lot configuration fits the need for division of the property. Literal enforcement of the ordinance will result in an unnecessary hardship. Condition C: The spirit of the ordinance will be observed and justice done by granting the variance(s). The lots have been redrawn in a logical way to enable the owner to sell them to willing buyers. These new buyers will most probably refurbish, remodel and maintain the homes in an acceptable manner, thereby upholding the goals and policies of the Comprehensive Plan to upgrade older residential properties in this neighborhood. PUBLIC NOTIFICATION Notices mailed to property owners: *67 . Responses in Favor: . Responses in Opposition: * Includes 47 investors in Ashley Square Townhomes. FILE 362-BA FORM.VARIANCE APPLICATION The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. THE GGRANTING OF THE FOUR (4) VARIANCES WILL IN NO WAY EFFECT THE PUBLIC. IN FACT, IT WILL ALLOW THE PROPERTY TO BE UPGRADED TO ENHANCE THE AREA. CONDITION B: That literal enforcement of the ordinance will result in un- necessary hardship because of exceptional narrowness, shallowness, shape. topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. Please see attached. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. THE "SPIRIT OF T'HE ORDINANCE" WILL BE OBSERVED. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. R Applicant's signature: A Date: FILE 362-BA ICU The present owner is not the original owner or developer of the property. The original owner did not concern himself with lot lines, set back lanes or distance between buildings and at the time of construction either there were no set back requirements or backyard requirements or what requirements were in effect were less than todays requirements. The present owner has tried to sell this property for over a year as one (1) piece of property, but to no avail. Had he sold to one (1) buyer the replat and the four (4) variances would not have been required. The owner decided to break the property up into three (3) different sales and was successful in procuring three (3) good conscientious buyers who are very anxious to acquire the property and begin making extensive improvements and renovations that would conform with the new Historical District overlay just passed not to mention improving I� the looks of the neighborhood and the property itself. The four (4) variance requests.are as follows: (1) Lot 14A has an existing 19.4 foot front yard set back that should be 25 feet. No matter what happens to this property, this violation will always be in place. (2) Lot 15A has a 1.8 foot side yard that should be. 5 feet. This is a covered carport (access structure) next to an interior side lot line. (3) Lot 16A has a 5 foot side yard, set back on the west side that should be 7.5 feet because of two (2) story structure. And this same lot has a covered carport built up to the edge of the property when in fact it should be 2.5 feet from the rear lot line because this is considered a rear access structure. FILE 362-LA By not granting these four (4) variances would cause an even greater hardship on the property because the owner is not willing to put the necessary funds needed to upgrade this property, I feel sure that because we decided to break up the property into three (3) individual sales, it allowed each new owner the necessary time and a smaller outlay of cash required per new owner to improve the property to a good or better than average condition. well 2� raw 41 V �ic•QQ� ^' ,�,3d0.0td�bli i ------------ -------- �•/p/ gam' tc a9a a.MOOD wa fWOW Xg) 133919 N`,Li HAHS 0 p o z w FND L ROD pp 'o'y F11D 1. Myl *4 FND ROD AMtY AVE. (60' RAK) r LOCATION OF SETBACK ENCROACHMENTS, SKETCH LOTS 14, 15, AND 16 BLOCK 10 A VERILL ADDITION Vol. I Pg. 132 M.R.J.C. MMW 'ff. WRPTEZ" AND AND ASSOCUTES IJVCORPOR47TD CONSVL77NG ENGbasfts C �IS S(JJoRVZYORS, AND PLANNERS P.O. BOX a492 IrAtFMONr MAS 7"00 899-049, 5 LOT 17 cs File 362-BA DATE. SEPT. 22, 199 A)193-470AIA301- FND P. RYDe It Ilc FILE 362-BA: Request for a variance. Building setbacks On NORTH each of the three proposed lots do not meet minimum front, rear or side requirements. Location: Northeast Corner of Ashley and 7th Street. SCALE Applicant: Sam Parigi for Hubert Q. Oxford 111 1/200 rr xr ro rx er ra r♦ ra r# rr rr v � B L A PYS' AVE #" a • GLADYS r r r R r+r EV ALOI� i 17 4 u xr rx r• r w :• Jr at r d rr " xr x# rr I AY+ rx r,r #s I •• r# 1# " #r 1AW ra ,r xx rp ,• rr xr xr � ra . rr � rr d ♦! rs rs , r# I n � ## LONG e r r i r r 4 r YM ..... 1 i F � I xr r# IM rc rr r! r'J HARRISON xr rr r ro rx } 11 ` r! ♦• rr JM rr BJECT So i ( ■ i I ■ r rr w rlr # r r ` r # • • • i x �' ! j ( j I s L � i F e + a r# rr I rr hr rr r# ex T"Isis ra , i rd M rI r1# r r t # I # ! J r x x• rr r! rr r# r# ro #x � rat � o rr ' rr #r� 14 tine i Ir I i