Title
Memorializing City Council action taken August 3, 2016 denying the appeal of Patrick Lindmark of a decision of the Board of Zoning Appeals denying a rear yard setback variance at 975 Lincoln Avenue.
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WHEREAS, on June 13, 2016, Patrick Lindmark, on behalf of the owners of that real property commonly known as 975 Lincoln Avenue and legally described as Summit Park Addition Tost Pa Lot 15 Blk 26 [PIN No. 022823310095], made application to the Board of Zoning Appeals (“BZA”) in BZA File No. 16-047716 for a variance from the strict application of Leg. Code § 66.231which regulates rear-yard setbacks for the purpose of building and connecting an enclosed “breezeway” between the owner’s dwelling and a new garage to be constructed at the rear of the owners property. Under the zoning code, if the dwelling and the garage were connected via the breezeway, the garage and becomes part of the dwelling and is, therefore, subject to rear-yard setback requirements. The subject property is zoned RT1 “two-family” which requires a 25-foot rear-yard setback. The owners proposed a 4.5 feet rear-yard setback for a variance of 20.5 feet; and
WHEREAS, on July 6, 2016, the BZA duly conducted a public hearing where all persons interested were afforded an opportunity to be heard; and
WHEREAS, at the close of the hearing and following deliberations on the matter, the BZA, based upon all the reports, records, and testimony presented to it at the public hearing, as substantially reflected in the BZA’s minutes, duly moved to deny the requested variance based upon the following findings of fact, as set forth in BZA Resolution No. 16-047716, which is incorporated herein by reference:
“1. The variance is in harmony with the general purposes and intent of the zoning code.
The property currently has a three-car detached garage with alley access. The homeowner wants to remove the garage and construct a three-car garage addition connected to the rear of the house by a new encl...
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