HomeMy WebLinkAbout20180404 3040 BairdRes_Addendum to Application1. Whether the benefit sought by the applicant can be achieved by other
feasible means. Identify what alternatives to the variance have been
explored (alternative designs, attempts to purchase land, etc.) and why they
are not feasible.
Applicant's Response: The lots in this area along Lake Avenue (including
this parcel) are all less than 49' wide. Since the total side yard setback for
the UR -4 is 45' there would be virtually no zoning compliant means of
constructing an addition off the rear of the current structure. This is true
even though the proposed addition is more than 71' from the rear property
line and the rear setback requirement for the UR -4 is only 25'. Put another
way, there is ample room to extend this structure to the rear but, given the
width of the lot, virtually any addition over 4' wide would require relief
from the Zoning Board.
To accommodate the internal configuration of the two apartments, a modest
5' 3" extension of the building is needed. To minimize the variance the
entire addition has been configured with an indent off the west property line.
Note: the existing structure is 1' off the west property line while the
expansion is set back 3' from that line.
The Applicants propose two additional amenities (a terrace and a new upper
deck) that extend 9' to the rear of the new structure.
Acquisition of adjoining lots or portions thereof is not feasible due to the
location of the apartment building on the east side and the narrow width of
the lot on the west side.
Density and Parking: While the UR -4 permits multi -family uses, the density
is limited to 3,000 feet/unit. In the instant case, the 4 -unit project would
require 12,000 square feet. The parcel is 7,309 square feet requiring a
variance of 4,691 square feet. As indicated above, there is not additional,
available acreage that can be acquired to minimize the variance sought.
Parking is subject to the same setbacks as structures in a UR -4. A strict
application of the Code (ignoring the preexisting use) would leave no area
for parking when taking into account the 45' total side yard setbacks and the
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25' rear yard setbacks. The existing parking area for the 3 -unit structure
exists in the same location as depicted on the site plan, although the current
parking area is not defined with pavement. The need for the variance arises
by virtue of the addition of a fourth unit from 4 spaces to 6 spaces (ZC 6.2.6
and 6.2.3(c)).
2. Whether granting the variance will produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. Granting
the variance will not create a detriment to nearby properties or an
undesirable change in the neighborhood character for the following
reasons:
Applicant's Response: The structure to the east is a larger apartment house
and is situate at the corner of Circular Street and Lake Avenue. The two
parcels immediately to the west are improved with houses that are
constructed on lots nearly identical in size and configuration to the subject
parcel. There is a house immediately to the north across the alley, but there
would be virtually no impact on it since the proposed new addition would
increase this multi -family structure by a single unit.
Density and Parking: The neighborhood characteristics are described above.
The impact of the density variance for the fourth unit is primarily the
increase in parking from 4 spaces to 6 spaces in precisely the same area as
currently used for parking. The total impact of density and parking is de
minimis.
3. Whether the variance is substantial. The requested variance is not
substantial for the following reasons:
Applicant's Response: Arithmetically the variance is substantial, but the
impact of the modest extension (5' 3" of structure and 9' of terrace and
deck) is inconsequential. Taken as a whole, the variance is not substantial.
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Density and Parking: The density would increase by one third from three
units to four. Inasmuch as the variance for parking (without regard to the
preexisting -nonconforming parking area) is substantial due to the 45' side
yard setback and a 25' rear yard setback, the Applicants note that the impact
— taken as a whole — is not substantial.
4. Whether the variance will have adverse physical or environmental effects on
neighborhood or district. The requested variance will not have an adverse
physical or environmental effect on the neighborhood or district for the
following reasons:
Applicant's Response: The variance will have no adverse physical or
environmental effects on the neighborhood or district because the expansion
is modest and the impact of a single additional unit will be of virtually no
consequence to any immediate neighbor or the neighborhood in general. The
physical change in the rear of the structure will be a significant
improvement, and there will be virtually no adverse environmental effects.
Density and Parking: Essentially the density increase triggers the
improvement to the parking area in the rear by adding pavement which will
define this area. Since the area has been previously used as the parking area
for the existing apartments, there will be no adverse physical or
environmental effect on the neighborhood.
5. Whether the alleged difficulty was self-created (although this does not
necessarily preclude the granting of an area variance). Explain whether the
alleged difficulty was or was not self-created:
Applicant's Response: The difficulty is self-created based upon the
Applicants' desire for the modest expansion of the rear of the structure to
accommodate a refurbished unit and a new unit. There are no other feasible
means to achieve the project without relief from the Ordinance given the
narrow configuration of the lot and the 20' minimum side yard setback as
well as the 45' minimum set back for both sides.
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Density and Parking: As is the case with the relief sought for the structure,
the difficulty for both density and parking is self-created, but there are no
other feasible means to achieve the project given the 44.5' width of the lot on
the north side and the 45' requirement for side yard setbacks.
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