Title
Memorializing the City Council's decision to grant the appeal of Stephen L. Prokop of a BZA decision denying a variance request to legalize three paved parking spaces at 2275 Benson Avenue.
Body
WHEREAS, Stephen L. Prokop, in Board of Zoning Appeals ("BZA") File No. 13-162377, made application for a variance from the strict provisions of Leg. Code § 63.501(b)(2) regulating parking, in order to legalize one "existing" and two "recently paved" parking spaces located in the front yard of residential property commonly known as 2275 Benson Avenue and legally described as Palisade Addition Tosaint Pau Lots 26 And Lot 27 Blk 3. [PIN No. 222823220025]; and
WHEREAS, on April 1, 2013, the BZA conducted a public hearing on the said application in accordance with Leg. Code § 61.601 and, based upon the staff report and all evidence presented at the hearing, as substantially reflected in the minutes, the BZA duly moved to grant the request necessary to legalize the one "existing" parking space while denying the request to legalize the two "recently paved" parking spaces based upon the following findings as set forth in BZA Resolution No. 13-162377 as follows:
1. The variance is in harmony with the general purposes and intent of the zoning code.
This finding could be met. This variance request is in keeping with the following Guidelines for Variance Requests to Allow Parking Within a Required Yard adopted on February 6, 2012 by the Board of Zoning Appeals in that:
1. If the parking space is already there, the parking space has been in existence and used continuously for the past ten (10) years.
The single-car parking space adjoining the driveway on the east side has been in existence and continuously used for over 10 years meeting this guideline. However, the two additional parking spaces were recently constructed. Provided that the original parking space only is allowed to remain, this guideline could be met.
2. The applicant can demonstrate...
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