Title
Memorializing the City Council's April 15, 2015 decision granting Cheryl Fogarty's appeal of a decision of the Board of Zoning Appeals granting a variance for property located at 2146 Grand Avenue.
Body
WHEREAS, on January 6, 2015, Dennis D. Gudim, Jr., in DSI Zoning File No. 15-000893, made application to the Board of Zoning Appeals ("BZA") for a variance from the strict application of Legislative Code § 67.703's minimum distance requirements between student dwellings in order to legalize a dwelling located at 2146 Grand Avenue [PIN No. 052823410098] as a student dwelling; and
WHEREAS, Leg. Code § 67.702 requires a student dwelling to be located at least 150 feet from another student dwelling. The applicant proposed a 40-foot separation from an existing student dwelling to the east at 2138 Grand Avenue and a zero-foot setback from an existing student dwelling to the west at 2150 Grand for variances of 110 feet and 150 feet respectively; and
WHEREAS, the BZA, in accordance with the requirements of Leg. Code § 61.601, duly conducted a public hearing on February 2, 2015 where all persons interested were afforded an opportunity to be heard and, at the close of the public hearing, based upon the staff report dated January 13, 2015 which recommended denial of the variance together with the hearing testimony, a motion was made to deny the variance; and
WHEREAS, on a 2-2 vote the said motion to deny failed; and
WHEREAS, with only four BZA commissioners present and in light of Leg. Code § 61.203(b)'s requirement that all BZA actions require four affirmative votes at a minimum, the BZA duly moved to lay over to February 18, 2015 when more BZA members would be present; and
WHEREAS, on February 18, 2015, the BZA continued the said matter to March 2, 2015; and
WHEREAS, on March 2, 2015, the BZA, with five commissioners present, the said matter was again taken up whereupon the BZA, at the close of testimony moved to grant the requested variance based u...
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