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 d...
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