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Memorializing City Council action taken on April 11, 2012 denying the appeal by Walter Jirik of a decision of the Board of Zoning Appeals granting two variances for the establishment of a parking lot at 1170 Selby Avenue, and imposing additional conditions on these variances for the health, welfare, and safety of the public pursuant to Leg. Code § 61.704.
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WHEREAS, on or about November 22, 2011, J.J. Haywood, d/b/a Pizza Luce ("Luce"), under Board of Zoning Appeals ("BZA") File No. 11-306845, applied to the BZA for two variances from the strict application of Leg. Code §§ 63.310 and 63.312 for property commonly known as 1170 Selby Avenue and legally described as Anna E Ramsey Add Ex Ave Lot 3 Blk 10. [PIN: 032823110133]; and
WHEREAS, Luce sought two variances in order to build a parking lot across the street from its existing Selby Avenue restaurant. The first variance requested pertained to vehicle access to the proposed lot. Zoning code § 63.310(b) requires parking lot access to be setback 25-feet from the nearest residential zoning district. Luce proposed a 0-foot setback from the residential zoning district abutting the west side of the proposed lot for a variance of 25-feet. The second variance pertained to sideyard setbacks. Zoning code § 63.312 requires parking lots to have a 4-foot setback from any front or sideyard line. Luce proposed a 1-foot sideyard setback for a variance of 3 feet; and
WHEREAS, pursuant to the said application and in accordance with the requirements of Leg. Code § 61.601, the BZA duly conducted a public hearing on Luce's application on December 27, 2011 where all interested persons were given an opportunity to be heard; and
WHEREAS, at the close of the said public hearing, the BZA, based upon all the records and the testimony presented during the public hearing, as substantially reflected in the BZA's meeting minutes, granted the requested variances upon the following findings of fact as set forth in BZA re...
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