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File #: RES 17-1840    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 12/6/2017
Title: Memorializing the Council's decision to deny the appeal of Kathryn Engdahl of a Board of Zoning Appeals decision to grant a variance to construct a garage at 17 Hall Avenue.
Sponsors: Rebecca Noecker
Related files: ABZA 17-14
Title
Memorializing the Council's decision to deny the appeal of Kathryn Engdahl of a Board of Zoning Appeals decision to grant a variance to construct a garage at 17 Hall Avenue.

Body
WHEREAS, on May 15, 2017, Andrew Zelinskas, in DSI-Zoning File No. 17-040587, duly applied to the Board of Zoning Appeals (“BZA”) for a variance from the strict application of Legislative Code § 63.201(b) pertaining to accessory buildings in order to construct, in association with the construction of a new single-family home, a detached garage in the required front yard of a vacant lot with no alley access on property commonly known as 17 Hall Lane and legally described as Auditors Subdivision No 36 Ex S 3.25 Ft; Lot 14 Blk 3 (PIN No. 052822330064); and

WHEREAS, Leg Code § 63.201(b) requires garages to be located in a rear yard. Due to the topography of the said property and its lack of alley access, the applicant proposed to locate the new garage in the required front yard and requested a variance from Leg. Code § 63.201(b)’s requirements; and

WHEREAS, on July 17, 2017, the BZA, pursuant to Leg. Code § 61.601, duly conducted a public hearing on the said application where all persons present were afforded an opportunity to be heard and, upon the conclusion of the hearing and based upon all the files and testimony received during the hearing, the BZA, based upon all the evidence presented moved to approve the variance application, subject to a condition “that Site Plan Review staff use the minutes from this hearing to consider any potential structural concerns with establishing a single family dwelling and detached garage on this property” based upon the following findings of fact as set forth in BZA resolution No. 17-040587 which is incorporated herein by reference and set forth below as follows:

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

The intent of the RT1, two-family residential zoning district is to provide primarily low...

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