Title
Memorializing the City Council's decision to grant the appeal by Wayne Fischer of a decision of the Board of Zoning Appeals denying a variance needed for a 1,251 square foot detached garage in the rear yard of the property commonly known as 1560 Lincoln Avenue.
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WHEREAS, Wayne Fischer, on or about December 20, 2016, applied to the Board of Zoning Appeals (“BZA”) under BZA File No. 16-109677 for a variance from the strict application of Legislative Code § 63.501(f) which limits the maximum size of accessory structures to 1,000 square feet; and
WHEREAS, Mr. Fisher desired to construct a 1,251 square-foot detached garage in the rear yard of his duplex property commonly known as 1560 Lincoln Avenue, [PIN No. 032823320111] and legally described as Summit View Lot 8 Blk 6 Macalester-Groveland; and
WHEREAS, on January 18, 2017, the BZA was unable to conduct the duly noticed public hearing because it lacked the required quorum whereupon the matter was reset for hearing on January 30, 2017; and
WHEREAS, on January 30, 2017, the BZA, in accordance with the requirements of Leg. Code § 61.601, duly conducted a public hearing on the said application where all persons present were afforded an opportunity to be heard and, at the close of the public hearing and following discussion on the matter, a motion to approve the requested variance was made which failed on a 3-1 vote as there were only 4 BZA commissioners in attendance and Leg. Code § 61.203(b) provides “that no [BZA] action may be taken unless at least four (4) members vote in favor of such action” whereupon the BZA moved to continue the matter to February 13, 2017 although staff advised that it was likely that the February 13, 2017 meeting would only have four commissioners present; and
WHEREAS, on February 13, 2017, the BZA continued the matter to February 27, 2017; and
WHEREAS, on February 27, 2017, the public hearing was reopened which time the applicant advised regarding contacts with the ne...
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