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Memorializing City Council action taken on January 14, 2015 denying the appeal of Rafic Chehouri of a December 8, 2014 decision of the Board of Zoning Appeals which granted a parking variance but denied setback variances for the property at 945 Grand Avenue.
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WHEREAS, on September 22, 2014, Rafic Chehouri (“Applicant”), in DSI-Zoning File No. 14-332913, made application to the Board of Zoning Appeals (“BZA”) for several variances for the purpose of expanding Applicant’s existing retail store located on property commonly known as 945 Grand Avenue and legally described as Summit Park Addition Tost Pa Lot 23 Blk 27 [PIN: 022823310078]; and
WHEREAS, Applicant’s building expansion required two variances from the dimensional standards for BC districts under Leg. Code § 66.431: (1) A front-yard setback of 25 is required. Applicant proposed a 0-foot setback for a variance of 25 feet. (2) A side-yard setback of 4 is required. The existing side-yard setback along the west side of Applicant’s property line is 3.5 feet. Applicant proposed to construct the walls of the new addition in-line with the existing building’s walls. Applicant therefore requested a .5 foot variance. Finally, under Leg, Code § 66.442’s off-street parking standards, Applicant’s existing use required 5 spaces. Applicant provided 3 spaces. Applicant’s expanded use requires 7-spaces. The difference between the existing use required spaces (5) and the proposed use required spaces (7) yields a variance request for 2 spaces; and
WHEREAS, on October 27, 2014, pursuant to Leg. Code § 61.601, the BZA duly conducted a public hearing on the said variance applications where all persons interested were afforded an opportunity to be heard; and
WHEREAS, at the close of the said hearing the City Attorney advised the members present of that an affirmative vote of not less than four BZA members is required under Leg. Code § 61.2039 to approve variance applications. After a discussion between the me...
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