Title
Memorializing the City Council's March 7, 2018 decision denying the appeal of Kyle Coglitore of a decision of the Board of Zoning Appeals which upheld a decision of the Fire Inspector to revoke the Student Dwelling certification for 2083 Marshall Avenue based upon overcrowding.
Body
WHEREAS, on November 13, 2017, Kyle Coglitore (“Appellant”), owner of that residential property commonly known as 2083 Marshall Avenue, filed an appeal (File No. 17-215020) pursuant to Legislative Code § 67.708 to the Board of Zoning Appeals [“BZA”] following revocation of the said property’s “Student Dwelling” status by the Fire Inspector after an inspection found the property over-occupied in violation of the occupancy limits under the “Student Dwelling” ordinance; and
WHEREAS, on January 17, 2018 the BZA, pursuant to Leg. Code 61.601, duly conducted a public hearing on the said appeal where all interested persons were afforded an opportunity to be heard and, upon the close of the public hearing and following discussion of the matter, the BZA, based upon its Staff report and its recommendation, together with all the other files, records and testimony submitted into the record in the matter, moved to deny Appellant’s appeal for the reasons and findings set forth in BZA Resolution No. 17-215020, which is incorporated herein by reference, and stated as:
“1. Background of Student Dwelling Ordinance. The appellant purchased this property in June of 2013 as an established student dwelling as defined in Section 67.702 of the zoning code. A student dwelling is a one- or two-family dwelling requiring a Fire Certificate of Occupancy in which at least one (1) unit is occupied by three (3) or four (4) students. For the purposes of this provision, a student is an individual who is enrolled in or has been accepted to an undergraduate degree program at a university, college, community college, technical college, trade school or similar and is enrolled during the upcoming or current se...
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