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Memorializing City Council action taken on January 15, 2014 to reverse the decision of the BZA and grant the appeal of Bill Bergmann on behalf of the owners of 576 Lincoln Avenue for two variances in order to convert the second floor of an existing two-car, two-story detached garage into a dwelling unit.
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WHEREAS, Bill Bergmann, d/b/a/ Chatemac LLC, on behalf of the owners of certain real property legally described as Terrace Park Addition To the C E 1/2 Of Lot 28 And All Of Lot 29 Blk 6 [PIN: 012823320092] and commonly known as 576 Lincoln Avenue, duly applied to the Board of Zoning Appeals (“BZA”) in BZA File No. 13-247876 for two variances from the strict application of Leg. Code § 66.231 (rear-yard building setback regulations) and Leg. Code § 63.207 (parking regulations) in order to convert the second floor of an existing two-car, two story detached garage into a dwelling unit; and
WHEREAS, the subject property is located in a RM2 zoning district which permits the establishment of a second residential dwelling unit on the same lot, provided; that the second residential unit structure maintains at least a 4-foot side-yard setback, maintains at least 12-feet of separation from the main dwelling unit structure, and is setback no less than 25-feet from the lot’s rear property line. The zoning code (Leg. Code § 63.207) requires lots with two dwelling-units to provide at least three off-street parking spaces; and
WHEREAS, the garage/proposed second dwelling unit meets the zoning code’s side-yard setback and main house separation requirements. However, because the garage is only setback 4-feet from the property’s rear-yard line, a 21-foot rear-yard setback variance is required; and
WHEREAS, the two off-street parking spaces in the two stall garage does not meet the zoning code’s 3 off-street parking space requirement and the applicant requested a one-car parking variance; and
WHEREAS, on November 25, 2013 and pursuant to Leg. Code § 61.60, th...
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