Title
Public hearing to consider the appeal of Steve and Jenny Virkus to a decision of the Board of Zoning Appeals (BZA) denying a request for a parking variance at 814 Grand Avenue.
Body
There are two buildings on this property. The first building which faces Grand Avenue, is used as a mixed commercial/residential structure. The second is a two-story garage building with studio space above located along the alley. The garage had three parking spaces. However, the studio space was converted into a dwelling unit sometime prior to the applicants purchasing the property in 2011. This conversion caused a portion of the garage to be used in order to provide an interior staircase for access to the second floor resulting in the loss of one parking space. This conversion was illegal for two reasons: 1. The property was zoned B2, business zoning district at that time and a new separate dwelling unit was not permitted. 2. The conversion resulted in the loss of one parking space although two parking spaces remained in the garage. Consequently, staff from the Department of Safety and Inspections (DSI) issued orders (see letters dated February 28, 2013, August 28, 2013 & February 27, 2014) to the applicants requiring them to bring the property into compliance with the zoning code by either removing the dwelling unit in the garage or applying for a rezoning of the property from a B2 business zoning district to a T2 traditional neighborhood zoning district to allow a second dwelling unit on the property. Although the applicants applied for and were granted the rezoning request in 2013, they still needed to provide one additional parking space to make up for the parking space lost as a result of the conversion of part of the garage into a dwelling unit. The applicants requested a parking variance because there is no room to provide any additional parking. Because the garage has windows facing a side yard, a setback of at least 6 feet from the side property lines...
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