Submitted by: At the Request of the City Administrator
Submitting Department: Community & Economic Development
Agenda Section: Action
Item Title:
title
Zoning Variance Request V-76-22 - 6117 42nd Avenue, Hyattsville (RECONSIDERATION)
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Suggested Action:
recommendation
I move the City Council authorize the Mayor to send correspondence to the Board of Zoning Appeals stating the City’s opposition to V-76-22 for the subject property at 6117 42nd Avenue, Hyattsville, and request that the Board deny this application, specifically stating its strong opposition to an 18% variance for net lot coverage.
The correspondence shall also include language to Prince George’s County Department of Permitting, Inspections, and Enforcement (DPIE) requesting a reasonable degree of remediation to restore permeable surface to the subject property.
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Summary Background:
The applicant, Felix Rivas, has applied to the Prince George’s County Board of Zoning Appeals (BZA) for a zoning variance to validate existing conditions (side yard width and front yard depth) and to obtain a building permit for the construction of a second story addition on an existing dwelling, as well as 1,153 square feet of new driveway to the rear of the dwelling.
This case was before the Council on January 3, 2023, but at that time the BZA had not identified that a variance to lot coverage requirements is necessary to permit the proposed development. The site plan and application have been revised to include the lot coverage variance.
The subject property includes an existing single-family detached residential structure and one shed structure. This is further illustrated in the aerial photo shown in Figure 1 below. The property is split-zoned RMF-20 (Residential, Multi-Family - 20) and RSF-65 (Residential, Single-Family - 65). As the majority of the existing dwelling is located in the RSF-65 zone, the Board of Zoning Appeals has determined that the appropriate zone for review of the variance is RSF-65. The subject property is located in City Council Ward 1 and is not located within a Residential Parking Zone.
Next Steps:
No additional action is required.
Fiscal Impact:
N/A
City Administrator Comments:
The City’s Variance Policy states that “the City shall as a matter of policy provide letters of support for residents to document a ‘non-conforming lot’ as part of the normal permitting process for projects complying with all other aspects of zoning regulations, unless the matter at hand is the certification of a non-conforming use on a non-conforming lot.”
While the City voted on January 3, 2023, to support the front yard width and side yard depth variance requests associated with this case, the BZA referral must be considered as a whole with either a recommendation of ‘support’ or ‘denial’ and cannot be conditioned.
Based on materials submitted with this revised application, the petitioners have proposed a total lot coverage of 53%, exceeding the maximum permissible lot coverage (35%) by 18%. The proposal includes a large amount of lot coverage associated with parking (1,490sf existing and an additional 1,153sf proposed). Based upon the application and the City’s Variance Policy, City Staff recommends the City Council oppose V-76-22 for the subject property at 6117 42nd Avenue, Hyattsville, and request that the Board of Zoning Appeals deny this application. Staff also recommends that correspondence include language to Prince George’s County Department of Permitting, Inspections, and Enforcement (DPIE) requesting a reasonable degree of remediation to restore permeable surface to the subject property.
Community Engagement:
A BZA hearing date is pending a correspondence from the City of Hyattsville.
Strategic Goals:
Goal 3 - Promote a Safe and Vibrant Community
Legal Review Required?
N/A