Zoning Board of Appeals

STAFF REPORT 2022-03Z: Variation Community Development Department Council Chambers, 7:30 PM, August 17, 2022 To: Brian ODonneil/ Chairman/ Zoning Board of Appeals From: Brian J. Augustine/ Zoning Administrator Re: 9049 Kildare Avenue - Floor to Area Ratio General Information Location 9049 KEIdare Avenue Request Variation in order to construct an addition resulting in a floor to area ratio of 0.66. Zoning Requirement 0,6 maximum floor to area ratio (118-124(9)) Petitioner Aaron Cohen and Eiisheva Bernstein Existing Zoning & Rl Single-Famity -- Detached residence Land Use North Rl Singie-FamEiy - Detached residences South Rl Single-Family ~ Detached residences East Rl Single-Fami!y -~ Detached residences West Rl Single-FamiEy - Detached residences Assigned to Sea n Arden SITE INFORMATION • The residence was constructed in 1956. PETITIONER'S SUBMITTAt The petitioner is requesting a variation in order construct an addition resulting in a floor to area ratio of 0.66. APPEARANCE COMMISSION The petitioner has not appeared before the Appearance Commission for this project. 599957 v1 Staff Report for 2022.03Z STAFF ANALYSIS Staff Comment and Review sheets were sent to all pertinent departments. The Forestry Division and Fire Department had general comments. The Community Development Department was the oniy department to provide specific comments. Community Development Department The Community Development Department recommends that the petitioner's request to construct the proposed addition be granted, The proposed floor to area ratio is 0.66 rather than the 0,6 maximum. The lot is 7/872 square feet and the allowabie floor area is 4/723 square feet. The proposed addition will make the floor area of the home 5/248 square feet. TypEcaily staff would not endorse a request for this iarge of an increase/ but 808 square feet of the home is partially below grade and acts more like a basement than a 1st floor. The zoning ordinance specifies that any floor level that is partially or wholly below grade counts towards the floor to area ratio if a majority of the floor level is above grade. This ruie was put in when the floor to area regulations were added about 23 years ago. To staffs knowledge it was added to clarify when a lower teve! would get counted towards the floor to area ratio. Over time staff has found that similar houses with sub-grade floors count differently towards the floor to area ratio due to differences in the percentage of the floor located below grade. If one house has a basement that is 4 feet above grade and 3.5 feet below grade it counts as floor area. If a simiiar building has a basement that is 4 feet above grade and 4 feet 2 inches beiow grade it is not counted as floor area. In this example the appearance of both homes above grade is the same/ but one has a larger floor to area ratio than the other. STAFF RECOMMENDATION Based on the proposed Findings of Fact/ Staff recommends that the petitioner's request to construct an addition be granted, ATTACHMENTS 1. Proposed Findings of Fact 599957 v1 Staff Report for 2022-03Z Proposed Findings of Fact 2022-03Z: Variation Community Deveiopment Department Council Chambers, 7:30 PM, August 17,2022 1 Consideration Limitation on the use of the property due to physical, topographical, and geologlc features. Finding There are no iimitatlons on the property due to physical/ topographical or geologic features. 2 Consideration The applicant can demonstrate that without a variance there can be no reasonable use of the property. Finding Staff feels the applicant can cleariy have a reasonable use of the property without a variation. 3 Consideration The granting of the variance is not based soleiy on economic reasons. Finding The variance request appears to be based on the desire to increase the floor area of the residence. 4 Consideration The necessity for the variance was not created by the property owner. Finding Staff feels the necessity for the variance for the variation was not created by the owner. 5 Consideration The variance requested is the minimum variance necessary to allow reasonable use of the property. Finding Staff feels the variance requested is not the minimum necessary to allow for reasonable use of the property. 6 Consideration The granting of the variance wili not be injurious to the public health/ safety/ or welfare. Finding Staff feels the granting of the variance most likely will not be injurious to health/ safety or welfare, 7 Consideration The property subject to the variance request possesses one or more unique characteristics generally not applicable to similarly situated properties Finding The building on the property is unique in that a portion of the building is counted towards the floor to area ratio that is partially be!ow grade. If that floor is slightly more be!ow grade it would not count towards as floor area. 599957 v1 Staff Report for 2022-03Z