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Memorializing City Council action taken on September 2, 2015, granting the appeal of D.J. Thees from a decision of the Board of Zoning Appeals regarding a side-yard lot line variance at 1916 Fairmount Avenue.
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WHEREAS, on June 1, 2015, Inga S. Oelschlager (“Applicant”), in DSI Zoning File No. 15-126189, made application to the Board of Zoning Appeals (“BZA”) for a variance from Leg. Code § 66.231’s fifty (50) foot minimum lot-width requirement for a parcel zoned R3 and commonly known as 1916 Fairmount Avenue which is legally described as Underwoods First Addition to Lots 7 and Lot 8 Blk 3, [PIN No. 042823340052]; and
WHEREAS, the 1916 Fairmount parcel at present is 99.99 feet wide on the street side and 100.17 feet wide on the alley side. The Applicant is seeking the variance in order to divide the parcel in two to create a new, separate, and buildable parcel in the east portion of the existing parcel; and
WHEREAS, the Applicant proposed that the side-yard lot line which would divide what would become the “old” westerly lot - the site of an existing home - from the “new” easterly lot, would contain, approximately 28 feet back from the front-yard lot line, a 9 foot wide x 36 foot long “jog.” The purpose of this jog is to preserve’s the old lot’s side-yard setback requirements specifically for the existing home’s sunroom and thereby eliminating any need to remove the sunroom which would otherwise encroach into the side-yard setback area; and
WHEREAS, the westerly side-yard lot line jog also results in the width of the “new” easterly lot being reduced below the minimum 50-feet required for R3 zoning lots to 40.98 feet along the length of the jog. The jog therefore required a side-yard lot line variance of 9.02 feet. Exhibit 1, entitled “Certificate of Survey,” prepared for and submitted by the Applicant in DSI Zoning File 15-126189, delineates the proposed side-yard lot line jog; and
WHEREAS, on June 22, 2015, the BZA duly conducted a...
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