Submitted by: At the Request of the City Administrator
Submitting Department: Community & Economic Development
Agenda Section: Action
Item Title:
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Zoning Variance Request: V-57-22 - 3510 Lancer Drive, Hyattsville
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Suggested Action:
recommendation
I move the City Council authorize the Mayor to send correspondence to the Prince George’s County Board of Zoning Appeals (BZA) requesting the denial of a variance request for the subject property at 3510 Lancer Drive, Hyattsville. The correspondence shall (1) cite the applicant’s existing conditions which significantly exceed the maximum net lot area coverage of 35% and (2) recommend that the applicant be required to remediate the site with the incorporation of pervious materials and/or supplemental stormwater management.
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Summary Background:
The applicant, Douglas Rivas, has applied to the Prince George’s County Board of Zoning Appeals for a zoning variance to validate existing conditions (net lot area, lot width, frontage width at front street line, lot coverage, front yard depth, side yard depth, and accessory building and shed) and to obtain a building permit for the illegal construction of a shed and breezeway on the property. The subject property includes an existing single-family detached residential structure, a detached garage structure, two shed structures, and various additional paved surfaces including a driveway, patio, walkways, and a breezeway between a shed and garage. This is further illustrated in the aerial photo shown in Exhibit B below. The property is zoned R-65 (One-Family Detached Residential). It is located in City Council Ward 5 and is not located within Residential Parking Zone. On March 14th, 2022, a correction order was issued for the subject property by Prince George’s County Department of Permitting, Inspections, and Enforcement (DPIE). The order indicates the “need to obtain building and electrical permits for multiple structures with electric in the rear yard, along with a 6-foot wooden fence, bathroom in the shed will need WSSC approval” as discrepancies requiring correction to pass inspection.
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.
The applicant has created a total lot coverage of 75.2%, exceeding the maximum permissible lot coverage (35%) by 40.2%, of which includes 2,977 of paved driveway. This is a significant amount of impermeable surface that has been created and may contribute to excessive stormwater runoff to adjacent properties. While the side yard and rear yard lot line requests are generally acceptable, the BZA referral must be considered as a whole with either a recommendation of ‘support’ or ‘denial’ and cannot be conditioned.
Based upon the findings of the application and corresponding Variance Policy, City Staff recommends the City Council oppose V-57-22 for the subject property at 3510 Lancer Drive, Hyattsville, request that the Board of Zoning Appeals deny this application and 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:
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Strategic Goals:
Goal 3 - Promote a Safe and Vibrant Community
Legal Review Required?
N/A