Board of Zoning Adjustments Staff Report Monthly Meeting Monday, January 11, 2016

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1 Board of Zoning Adjustments Staff Report Monthly Meeting Monday, January 11, 2016 Docket Number: Prepared by: Laura B. Baños Applicant or Agent: Richard and Debra Ferber, Clayton Ventures, LLC Property Location: 6712 Orleans Avenue Zip: Bounding Streets: Orleans Ave., Fillmore Ave., Gen. Haig St., & Chapelle St. Zoning District: S-LRS1 Lakeview Single-Family Residential District Overlay District: N/A Historic District: N/A Planning District: 5 Existing Use: Single-Family Residence Square Number: 128 Proposed Use: Single-Family Residence Lot Number: 31 & 32 Request Citation: This request is for a variance from the provisions of Article 21, Section 21.6.A.7 of the Comprehensive Zoning Ordinance. Request: This request is to permit the construction of a garage with insufficient setback from the right lot line. (AFTER THE FACT) Requested Waiver: Section 21.6.A.7 Detached Accessory Structures (Setback) Required: 3 from any lot line Provided: 2-6 (right side) Waiver: 6 Project Description: The subject property is located in the S-LRS1 Lakeview Single-Family Residential District. The lot is fifty feet (50 ) in lot width and one-hundred and forty-five feet (145 ) in lot depth, and is developed with one single-family residence and a detached garage. The house fronts on Orleans Avenue and is accessible via a fifteen foot (15 ) common alley that runs through the center of Square 128. The site is composed of two (2) adjacent lots: Lot 31 and Lot 32. Each lot measures twenty five feet (25 ) in width and one hundred and forty-five feet (145 ) in depth. Together the lots have a width of fifty feet (50 ) and a lot area of seven thousand two hundred and fifty square feet (7,250 sq. ft.). The subject property meets the minimum lot width requirement of forty feet (40 ), minimum lot depth Figure 1: Survey of Subject Property Source: Applicant BZA

2 requirement of ninety feet (90 ), and minimum lot area of five thousand square feet (5,000 sq. ft.) for a single-family residence in the S-LRS1 Lakeview Single-Family Residential District. The existing single-family residence is three-stories and measures approximately thirty-seven feet and three inches (37-3 ) in height, which complies with the S-LRS1 District s forty foot (40 ) height limit. The residence provides a front yard depth of twenty-two feet (22 ), a side yard width of six feet and ten inches (6-10 ) on the Filmore Avenue side, a side yard width of eleven feet (11 ) on the Chappelle Street side, and a rear yard depth of sixty-three feet and ten inches (63-10 ). The S-LRS1 District requires that single-family residences provide a minimum front yard depth of twenty feet (20 ), a minimum width of four feet (4 ) for each side yard, a minimum aggregate width of side yards of twenty percent (20%), and a minimum rear yard depth of twenty feet (20 ). The existing single-family residence complies with all of these requirements. The house was constructed in 2014 by Mark Schroeder, and was given a Certificate of Occupancy on July 23, The plans approved by Safety and Permits and for which the building permit was granted, included only a parking pad, not a garage, which stands today. Figure 2: Original Approved Construction Plans with Parking Pad (Not Garage) According to the plans submitted with this application, the garage is developed on the northeastern corner of the lot with a width of seventeen feet and nine inches (17-9 ) and a depth of thirty feet and two inches (30-2 ), for a total area of five hundred and thirty five point four six square feet ( sq. ft.). The structure is set back three feet (3 ) from the rear lot line, approximately thirty feet (30 ) from the left lot line, and two feet and six inches (2-6 ) from the right lot line. Source: LAMA Permit NEW Article 21, Section 21.6.A.7 Accessory Structures and Uses (General Application) of the Comprehensive Zoning Ordinance requires a detached garage is built at least three feet (3 ) from any lot line. The garage fails to meet this requirement on the right side of the structure which is built two feet and six inches (2-6 ) from the right lot line, instead of the required three feet (3 ). The detached garage is developed in the required rear yard area which is the portion of the lots within twenty feet from the rear lot line. Article 21, Section 21.6.A.3 restricts accessory structures from covering greater than forty percent 40% of the required rear yard area. The depth of the structure constructed in the required rear yard measures fifteen feet and one inch (15-1 ), and the width measures of seventeen feet and nine inches (17-9 ), for a total area of two hundred and sixty-seven point seven three square feet ( sq. ft.). This accounts for only twenty seven percent (27%) of the required one thousand square feet (1,000 sq. ft.) of rear yard area, and so the structure meets this requirement. Figure 3: New Plans for Garage (After the Fact) NEWC Source: Applicant 2 BZA

3 The applicant is requesting a waiver of Article 21, Section 21.6.A.7 for the garage setback from the right lot line for six inches (6 ). Surrounding Development Figure 4: Zoning Map The petitioned site is located in a large S-LRS1 Lakeview Single-Family Residential District which spans the majority of the Lakeview neighborhood, with the exception of those commercial properties along Harrison Avenue and Robert E. Lee Boulevard. For the most part, the LRS-1 District is divided into rectangular squares that are fairly consistent in shape and size. The lots are of generally uniform shape and size, with most measuring twenty-five feet (25 ) in width, and one hundred and forty-five feet (145 ) in depth. However, most residences are developed over two (2) lots comprising parcels Source: CONO Property Viewer. Dec that are fifty feet (50 ) in width. The area is composed primarily of one- and two-story single-family residences. It is common for alleys to abut the rear of properties in this area. For these properties front facing garages are not permitted as per Article 13, Section 13.3.B of the Comprehensive Zoning Ordinance. Therefore, it is very common for accessory structures, such as garages and carports, to be constructed in the required rear. The staff found that seventeen requests were made between 2006 and 2015 for a waiver of an accessory structure s required side yard setback of three feet (3 ). These are listed in Table 1 below. None of the requests were made for a property in the same zoning district as the subject property. Table 1: Waivers for Accessory Structure Side Yard Setback: Year Docket Address Zip Code Planning District Zoning District Use After the Fact Required Waiver Disposition OCTAVIA ST RD-2 Single-Family FALSE 3' 2' 6" & 2 GRANTED CALHOUN ST RD-2 Single-Family FALSE 3' 1 GRANTED VALENCE ST RD-3 Single-Family FALSE 3' 3 GRANTED COLISEUM ST RD-2 Single-Family FALSE 3' 1 GRANTED ESPLANADE AVE RD-2 Single-Family FALSE 3' 2' 9" GRANTED ROYAL ST RD-3 Single-Family FALSE 3' 3' GRANTED COLISEUM ST RD-2 Single-Family FALSE 3' 1' GRANTED CAMP ST RD-2 Single-Family FALSE 3' 1.4' GRANTED WILSON DR LRD-2 Single-Family FALSE 3' 1'-8 3/8" GRANTED JENA ST RD-2 Single-Family TRUE 3' 1 DENIED LAUREL ST RD-3 Single-Family TRUE 3' 0.42 DENIED 3 BZA

4 PALMER AVE RD-2 Two-Family TRUE 3' 1' 4" DENIED JASMINE ST RD-2 Two-Family FALSE 3' 2 DENIED CONTI ST LRM-1 Two-Family FALSE 3' 2' 4" DENIED TRICOU ST RD-3 Single-Family FALSE 3' 3' DENIED NASHVILLE AVE RD-2 Single-Family FALSE 3' 3' DENIED ST. CHARLES AV RM-2A Multi-Family FALSE 3' 3' DENIED Source: BZA Database, Staff Analysis The staff surveyed the other eighteen (18) properties in the same square as the subject property, Square 128, and found that eleven (11) of the properties also had accessory structures on the rear of the lot. Using an online measurement tool called Pictometry Online the staff measured each structure s setbacks from the right and left property lines of lot. According to the tool, six (6) of the structures met the setback requirements while five (5) of the accessory structures did not. The neighborhood precedent established by this analysis is that of inconsistency for accessory structures side yard setbacks. A list of the properties with accessory structures surveyed are listed in Table 2 below, and identified on the map in Figure 5 that follows. Table 2: Properties in Square 128 with Accessory Structures Address Acc. Structure DOES NOT Meet Side Yard Setbacks Acc. Structure DOES Meets Side Yard Setbacks 6706 ORLEANS AVE X 6748 ORLEANS AVE X 6759 GENERAL HAIG ST X 6731 GENERAL HAIG ST X 6725 GENERAL HAIG ST X 6734 ORLEANS AVE X 6740 ORLEANS AVE X 992 CHAPPELLE STREET X 6753 GENERAL HAIG ST X 6747 GENERAL HAIG ST X 6737 GENERAL HAIG ST X Source: Pictometry Online Google Maps. Staff Analysis. December BZA

5 Source: Pictometry Online Google Maps. Staff Analysis. December Impact and Analysis According to the Comprehensive Zoning Ordinance, the Board of Zoning Adjustments must consider the following criteria in order to determine what impact the requested variance would have on adjacent properties if it were approved. The procedure affords an applicant relief from the strict requirements of the zoning law when unnecessary hardship or practical difficulty exists. 1. Do special conditions and circumstances exist which are peculiar to the land, structure, or building involved which are not applicable to other lands, structures, or buildings in the same zoning district? No. No special conditions and circumstances exist which are peculiar to the land, structure or building that are not applicable to other lands, structures or buildings in the same zoning district. The petitioned property is fifty feet (50 ) in width and one hundred and forty-five feet (145 ) in depth, which is standard for the area. Also, the provided rear yard depth is sixty-six feet and four inches (63-10 ) allowing the applicant viable options for the placement of the accessory structure. 2. Will the literal interpretation of the provisions of the ordinance deprive the applicant of rights commonly enjoyed by other properties in the same district? Yes. The literal interpretation of the ordinance would deprive the applicant of insufficient setbacks that other property owners in the same square enjoy. 5 BZA

6 3. Do any special conditions and circumstances result from the actions of the applicant or any other person who may have (or had) an interest in the property? Yes. Special conditions or circumstances result from the actions of the applicant or any other person who may have an interest in the property. The initial development plans for the property did not include an accessory structure, and so someone with an interest in the property developed an accessory structure with insufficient setback and without the approval of the Department of Safety and Permits. 4. Will the granting of the variance confer on the applicant any special privilege which is denied by this ordinance to other lands, structures, or buildings in the same district or similarly situated? Yes. The granting of the variance would confer on the applicant a special privilege which is denied by this ordinance to other lands, structure, or buildings in the same district or similarly situated. While other properties in the area have accessory structures with insufficient setbacks, the majority of properties adhere to the code s regulations. The variance, if granted, would confer on the applicant a special privilege denied to similarly situated properties. 5. Will the variance(s), if granted, alter the essential character of the locality? No, the variance if granted would not alter the essential character of the locality. The difference of six inches (6 ) may be unnoticeable to the naked eye. 6. Will strict adherence to the property regulations result in a demonstrable hardship upon the owner, as distinguished from a mere inconvenience? No. Strict adherence to the property regulations would not result in a demonstrable hardship upon the owner, as distinguished from a mere inconvenience. 7. Is the purpose of the variance based exclusively upon a desire to serve the convenience or profit of the property owner, or other interested party(s)? Yes. The purpose of the variance is based exclusively upon a desire to serve the convenience or profit of the property owner. The purpose of the variance is to allow the construction of a garage which provides insufficient setback from the right lot line. The applicant could reconstruct the garage to allow for the required additional six inches (6 ) n the right side. 8. Will the variance be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located? No, the variance, if granted, would be in no way detrimental to the public welfare or to other properties in the area. 6 BZA

7 9. Will the variance impair the adequate supply of light and air to adjacent property, substantially increase traffic congestion in the public street, increase the danger of fire, or endanger the public safety? No, the variance, if granted, would have no such impacts. Staff Recommendation Based on this report, the staff believes the requested variance from the provisions of Article 21, Section 21.6.A.7 of the Comprehensive Zoning Ordinance fails to satisfy numbers 1, 3, 4, 6 and 7 of the nine (9) criteria of the Standards for Variance of Article 4, Section 4.6.F, in that: There are no special conditions that are peculiar to the land; The special circumstances result from the actions of the applicant or another person who had an interest in the property; Granting the variance will confer on the applicant a special privilege; Denial of the variance will not result in a demonstrable hardship; and The purpose of the variance is based exclusively on the convenience and profit of the applicant. Therefore, the staff recommends DENIAL of the requested variance. 7 BZA

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18 Laura B. Banos From: Sent: To: Subject: Brooke Perry Monday, December 28, :44 AM Kelly G. Butler; Laura B. Banos FW: Draft Agenda - January 11 BZA Meeting Please see comments from LCIA on your cases below. Brooke Perry Senior City Planner New Orleans City Planning Commission 1300 Perdido Street, Suite 7W03 New Orleans, LA Office: BTPerry@nola.gov From: Raymond C Bergeron [mailto:rcbarch@cox.net] Sent: Wednesday, December 23, :50 AM To: Brooke Perry Cc: 'Adam Stump'; 'Bill Argus'; 'Brian Anderson'; Douglas Mayo; 'Kevin Centanni'; 'Min Yang'; 'Nicole Webre'; 'Robert Bouchon'; 'Rod Stieffel'; 'Tom Schnatz' Subject: RE: Draft Agenda - January 11 BZA Meeting Brooke: The Zoning Committee of the Lakeview Civic Improvement Association met on December 18 and reviewed those BZA applicants in the Lakeview area. The committee voted and recommends the following. Item #5 # Bellaire Dr. The committee recommends no support for the variance requested. (Projection into the front yard and excessive paving - constructed in violation of permitted plans.) Item #10 # Orleans Ave. The committee recommends support for approval for the variance requested. (Insufficient setback on an accessory building -after the fact) We again request that the applicants be made aware of our LCIA Zoning Committee, so that Lakeview applicants may meet with us in order for us assist in helping them through the BZA process. Sincerely, 1

19 Raymond C Bergeron Jr Architect Chairman LCIA Zoning Committee From: Brooke Perry [mailto:btperry@nola.gov] Sent: Tuesday, December 15, :58 PM To: Undisclosed recipients: Subject: Draft Agenda - January 11 BZA Meeting Good Afternoon, Please see the draft agenda for the January 11 th, 2016 Board of Zoning Adjustments meeting attached. Best, Brooke Perry Senior City Planner New Orleans City Planning Commission 1300 Perdido Street, Suite 7W03 New Orleans, LA Office: BTPerry@nola.gov 2

20 Laura B. Banos From: Sent: To: Cc: Subject: Gretchen Monday, January 04, :10 PM Laura B. Banos Re: BZA Application - BZA Orleans Avenue Hi Laura, I would also like to include a few photos in the file, they are of the garage in question as well as those in the immediate block that also sit on the servitude. They demonstrate that there is no aesthetic, difference, and that other garages on neighboring homes are situated similarly. They are attached. Do hard copies need to be filed as well, or will the ed photos be fine? 1

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24 Rear view of another set of neighboring garages in servitude in 6700 block. Thanks for your time. Best, Gretchen Chase Gretchen Chase Clayton Ventures, LLC 4540 Jeanne Marie Place New Orleans, LA (504) (office) (504) (direct) (504) (cell) On Dec 28, 2015, at 2:14 PM, Gretchen wrote: No, the survey provided was done after the garage was built in preparation for this application, so everything represented on that survey, is as built. Best, Gretchen Sent from my iphone On Dec 28, 2015, at 1:25 PM, Laura B. Banos wrote: Hi Gretchen, Thanks for getting back to me so quickly. This is sufficient as long as there is not any other impermeable surface. Does the cement foundation for the Garage extend beyond the dimensions you ve provided me with? Thank you! Laura Laura B. Baños City Planner New Orleans City Planning Commission 1300 Perdido Street, Suite 7W03 New Orleans, LA

25 Office: You can now check zoning yourself at the City s Property Viewer: And view the zoning ordinance at: From: gretchen@cventuresllc.com [mailto:gretchen@cventuresllc.com] Sent: Monday, December 28, :21 PM To: Laura B. Banos Subject: RE: BZA Application - BZA Orleans Avenue Importance: High Hi Laura, Attached please find the scale survey showing the walks in front and rear yards. Please advise if this is sufficient, or if more information is needed. Thanks for your assistance. Best regards, Gretchen Chase Gretchen Chase Clayton Ventures, LLC 4540 Jeanne Marie Place New Orleans, LA (504) (office) (504) (direct) (504) (cell) Gretchen@cventuresllc.com Original Message Subject: BZA Application - BZA Orleans Avenue From: "Laura B. Banos" <lbbanos@nola.gov> Date: Thu, December 24, :59 pm To: "'gretchen@cventuresllc.com'" <gretchen@cventuresllc.com> Hi Gretchen, I am the staff planner assigned to your application for 6712 Orleans Avenue for a waiver of setback on the right side of the accessory structure for 6 inches. It s on the schedule for the January 11, 2016 BZA meeting which occurs in Council Chambers at City Hall at 10:00 am. I m happy to walk you through this if you d like more information. I m reaching out because in my review I realized that there is some impermeable surface on the lot in the front and the back of the property, and I can t seem to find a plan that identifies the dimension of the paving in the yards. Could you send me a site plan that depicts the 12

26 paving on the yard, and provides the measurements for the paving? Feel free to give me a call if you have any questions, Thank you! Laura Laura B. Baños City Planner New Orleans City Planning Commission 1300 Perdido Street, Suite 7W03 New Orleans, LA Office: lbbanos@nola.gov You can now check zoning yourself at the City s Property Viewer: And view the zoning ordinance at: 13

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