HomeMy WebLinkAboutBZA Decision Letter - Appeal 2970-B - 742-744 S. Meadow St. - 02-06-15Area Variance Findings & Decision
E M IT TTITII 9 =_1 I I STROT11 W—M rel N =_
•
R11MM
Hearing Held On: February 3,.2015
Property Location: 742-744 South Meadow Street
Requirement for Which Variance is Requested: Lot width and front yard. Zoning Ordinance requires
35% of buildings on lot to be set back between 15 and 34 feet from street curb.
Applicable Section of City Zoning Code: Section 325-8., Column 7 and Column 11, Lot Width and Front
Yard requirements
Public Hearing: No one spoke in favor or against granting the variance requests.
Motion: A motion to grant the variance requests was made by Teresa Deschanes.
Environmental Review: Type: Unlisted Action. Project is consistent with findings of Generic
Environmental Impact Statement for Southwest Area Land Use Plan (2000).
Planning & Development Board Recommendation: No long-term planning issues. Layout of property
does not allow compliance with Southwest Area Design Guidelines. It is desirable to increase occupied
commercial space in the City.
1. Whether an undesirable change would be produced in the character of the neighborhood or a
detriment to nearby properties: Yes F-1 No F� 10
Reasons: Planning Board stated that no undesirable change would occur because of the variances being
granted. This is an existing commercial use. The building being remodeled was constructed prior to the
enactment of the Southwest Zoning District.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the
variance: Yes [:] No Z
Reasons: Since the applicant's proposed addition is to an existing building, there is no way to achieve
the benefit sought except by means of a variance.
3. Whether the requested variance is substantial: YesE]NoZ
Reasons: The applicant proposes to increase the proposed addition. The size of the increase is less than
10%, so it is not a substantial increase. As a result of the increased size of the addition, the addition will
be closer to the street curb than originally proposed.
Vote: Teresa Deschane: Yes
Steve Beer: Yes
Marshall McCormick: Yes
Moriah Tebor: Yes
Determination of BZA Based on Above Factors:
The BZA,, taking into consideration the five factors, finds the Benefit to the Applicant outweighs the
Determinant to the Neighborhood or Community. The BZA further finds that variances from Zoning
Ordinance, Section 325-8., Columns 7 and 11,, are the minimum variances that should be granted in order
to preserve and protect the character of the neighborhood and the health, safety, and welfare of the
community.
ff February 6., 2015
Secret W,. Board f Zoning Appeals, Date
Director of Zong Administration
PA