Title
Memorializing City Council action taken October 3, 2012 granting an appeal by Alan C. Young of a decision of the Board of Zoning Appeals which denied a driveway width variance at 654 California Avenue East.
Body
WHEREAS, on or about June 19, 2012, Alan C. Young, made application to the Board of Zoning Appeals ("BZA") in DSI-Zoning File No. 12-071778
for two variances from the provisions of the zoning code under Leg. Code ยงยง 63.105(a) and .316 in order to legalize a new deck and a new driveway constructed without building permits on property commonly known as 654 California Avenue East, (PIN No. 202922120164 ) and legally described as Ufton Grove Plat 1 Vac Alley Accruing & Lot 23 Blk 6); and
WHEREAS, the requested variances were necessitated because the applicant constructed the new deck within the property's required front-yard and constructed the driveway at a width too wide for a front yard under the zoning code. The deck was constructed with a 36-foot setback as measured from the street. The zoning code requires a 44-foot setback. This necessitated the applicant's request for an 8-foot setback variance for the deck. The driveway was constructed in the front yard at a width of 18-feet. The zoning code limits the width of driveways in the front yard to 12-feet. This necessitated the applicant's request for a 6-foot driveway width variance; and
WHEREAS, the BZA duly conducted a public hearing on July 23, 2012, where all persons interested were given an opportunity to be heard. Upon closing the hearing, the BZA determined that additional information was required from the applicant as well as the need for an inspection by City staff to determine whether the deck and driveway, built without proper building permits, complied with the building code. Accordingly, the matter was duly laid over to August 6, 2012 to afford the applicant an opportunity to provide the BZA with additional information and to permit an in...
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