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File #: RES 15-256    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 2/11/2015
Title: Memorializing City Council action taken on January 21, 2015 denying the appeal of Ramiro D. Maya of a decision of the Board of Zoning Appeals denying certain variances to legalize the conversion of a single family home at 867 East 6th Street into a duplex.
Sponsors: Kathy Lantry
Related files: ABZA 15-1
Title
Memorializing City Council action taken on January 21, 2015 denying the appeal of Ramiro D. Maya of a decision of the Board of Zoning Appeals denying certain variances to legalize the conversion of a single family home at 867 East 6th Street into a duplex.

Body
WHEREAS, on November 17, 2014, Ramiro D. Maya ("Appellant"), in DSI Zoning File No. 14-348038, duly applied to the Board of Zoning Appeals ("BZA") for three variances from the strict application of the zoning code's dimensional standards for T2 property under Leg. Code § 66.231 for the purpose of legalizing a second residential unit added in the basement of that property commonly known as 867 6th Street East and legally described as W Grubes Sub Of B104 Lymn Day Lot 18 Blk 104 [P.I.N. No. 332922220179]: (1) A minimum lot size of 6,000 feet is required, 5,320 square feet is available for a variance of 680 square feet. (2) A side yard setback of 9 feet is required for a duplex, 3 feet is available on the west side for a variance of 6 feet. (3) A lot width of 50 feet is required, 40 feet is available for a variance of 10 feet in the RT1 zoning district at; and

WHEREAS, on December 8, 2015, the BZA, in accordance with the requirements of Leg. Code § 61.601, duly conducted a public hearing on the said variance applications where all persons interested were afforded an opportunity to be heard and, at the close of the public hearing, the BZA, as substantially reflected in the minutes, moved to deny the said applications based upon all the files, reports and testimony as presented at the public hearing and as set forth in BZA Resolution No. 14-348038 as follows:

"1. The variance is in harmony with the general purposes and intent of the zoning code.

This property is located in the RT1 zoning district, a zoning classification that allows both single family dwellings and duplexes. The applicant recently constructed a second dwelling unit in the basement of this single family home without ...

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