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Memorializing City Council action taken on October 16, 2013 denying the appeal by David M. King to modify the conditions of a variance granted for property at 1075 Lombard Avenue.
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WHEREAS, in 2011, the Board of Zoning Appeals ("BZA") in BZA File No. 11-253290 granted a rear-yard setback variance to David M. King for property commonly known as 1075 Lombard Avenue in order to construct a new two-car attached garage accessed from the alley. The variance was granted subject to conditions which in pertinnet part included that "the existing driveway and curb cut in the front yard must be completely removed and replaced with a new curb and gutter. . . . The front yard must then be sodded with grass." King built the new garage and removed the original front driveway and garage door. However, King did not remove the curb cut and replace it with acurb and gutter as ordered. Instead, King proceeded to reconstruct a new front-yard parking space accessed by the Lombard curbcut. In a letter dated July 1, 2013 King was ordered to remove the cub cut and front-yard parking space by August 15, 2013; and
WHEREAS, thereafter, in BZA File No. 13-222492, a modification of the variance was requested pursuant to Leg. Code § 61.108 which permits the BZA to revoke variances or impose additional conditions, modify existing conditions, or delete conditions placed on variances which are deemed by the BZA to be unnecessary, unreasonable or impossible of compliance; and
WHEREAS, on September 16, 2013, the BZA, pursuant to Leg. Code § 61.601, duly conducted a public hearing on the modification application where all interested persons were afforded the opportunity to be heard; and
WHEREAS, at the closed of the September 16, 2013 public hearing, the BZA, based upon evidence presented at the public hearing, as substantially reflected in the minutes, duly moved to deny the modification request based upon the following findings of fact set forth in BZA Resolution No. 13...
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