Submitted by: At the Request of the City Administrator
Submitting Department: Community & Economic Development
Agenda Section: Consent
Item Title:
title
Zoning Variance Request: V-76-22 - 6117 42nd Avenue, Hyattsville
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Suggested Action:
recommendation
I move the City Council authorize the Mayor to send correspondence to the Board of Zoning Appeals in support V-76-22 for the subject property at 6117 42nd Avenue, Hyattsville, as the side yard width is an existing condition of the dwelling.
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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 of 5-feet from the side yard setback requirements in order to obtain a building permit for the construction of a second story addition on an existing dwelling.
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 Exhibit A below. The property is split-zoned RMF-20 (Residential, Multi-Family - 20) and RSF-65 (Residential, Single-Family - 65). While 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 RMF-20. The subject property is located in City Council Ward 3 and is not located within a Residential Parking Zone.
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.”
Based upon the application and the City’s Variance Policy, City Staff recommends the City Council support V-76-22 for the subject property at 6117 42nd Avenue, Hyattsville, as the side yard width is an existing condition of the dwelling. In addition, the applicant is proposing the second story addition maintain the existing side yard width, which is a logical configuration for the site.
Next Steps:
No additional action is required.
Fiscal Impact:
N/A
City Administrator Comments:
Recommend approval.
Community Engagement:
The BZA hearing for the matter was held on Wednesday, December 14th. The City requested that the BZA hold the record open in order to provide the City Council with an opportunity to review the matter.
Strategic Goals:
Goal 3 - Promote a Safe and Vibrant Community
Legal Review Required?
N/A