Title
Memorializing the City Council's decision to deny Soua Xiong's appeal of the Board of Zoning Appeal's decision denying the variance application for property at 1108 Wilson Avenue.
Body
WHEREAS, on May 8, 2013, Soua Xiong duly applied to the Board of Zoning Appeals (BZA) under BZA File No. 13-182715 for a variance from the strict application of Leg. Code § 63.501(b)(2) for property commonly known as 1108 Wilson Avenue, and legally described as H F Schwabes Addition Lots 3 And Lot 4 Blk 3, for the purpose of legalizing a paved off-street parking space installed within the property's front yard contrary to the provisions of the zoning code; and
WHEREAS, on June 10, 2013, pursuant to Leg. Code § 61.601, the BZA duly conducted a public hearing on the said application where all interested parties were afforded the opportunity to be heard; and
WHEREAS, upon closing the said public hearing, the BZA, based upon the files, reports and evidence presented during the public hearing, as substantially reflected in the BZA's minutes which are incorporated herein by reference, duly moved to deny the variance requested by Ms. Xiong based upon the following findings as set forth in BZA Resolution No. 13-182715; and
1. The variance is in harmony with the general purposes and intent of the zoning code.
This variance request is keeping with the Guidelines for Variance Requests to Allow Parking Within a Required Yard adopted on February 6, 2012 by the Board of Zoning Appeals as follows:
a. If the parking space is already there, the parking space has been in existence and used continuously for the past ten (10) years.
The parking area in the front yard was recently paved and has not been in existence for 10 years; therefore, this condition is not met.
b. The applicant can demonstrate hardship in that there is no feasible alternative location for the parking space. For the purpose of this condition hardship shall include: a disability by a resident of the prope...
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