Board of Zoning Adjustments Staff Report Monthly Meeting Monday, June 13, 2016 Docket Number: BZA 043-16 Prepared by: Valerie McMillan Applicant or Agent: Roger Whatley Property Location: 3727 Constance St. Zip: 70115 Bounding Streets: Magazine St., Peniston St., Amelia St. & Constance St. Zoning District: HU-RD2 Historic Urban Two-Family Residential District Overlay District: HU-B1A Use Restriction Overlay District, Magazine Street Use Restriction Overlay District 1 Historic District: Uptown New Orleans National Historic District Planning District: 2 Existing Use: Single-Family Residence Square Number: 210 Proposed Use: Single-Family Residence Lot Number(s): B Request Citation: This request is for a variance from the provisions of Article 21, Section 21.7 (Table 21-1) of the Comprehensive Zoning Ordinance. Request: This request is to permit a balcony to project more than four feet (4 ) into the required rear yard area. Requested Waivers: Section 21.7 (Table 21-1) Permitted Encroachments into Required Yards Permitted: 4 Provided: 5 Waiver: 1 Project Description: The petitioned site is developed with a two-story single-family residence, built on a single lot with frontage on Constance St. The petitioned site has a width of thirty-two point eighty-three feet (32.83 ), a depth of seventy-seven point fifty-six feet (77.56 ) feet and an area of approximately two thousand five hundred forty-six point three square feet (2,546.3 sq. ft.). 2 These lot dimensions are existing conditions and with the exception of the deficient lot depth, exceed the minimum requirements for single-family development for this HU-RD2 Historic Urban Two-Family Residential District and are grandfathered to the site. 3 1 This overlay applies to properties in this Council District that are zoned HU-B1A, it does not regulate this petitioned site. 2 These dimensions are rounded to the nearest tenth. 3 HU-RD2 Districts require single-family residences to be built on lots with a minimum 30 width, 90 depth and 2,250 sq. ft. of lot area.
Figure 1: Survey of Petitioned Site The existing L-shaped residence has a width of approximately twenty-seven feet (27 ) along the Magazine St. side, a width of fifteen feet (15 ) along Constance St., a depth of fifty-eight feet (58 ) along Peniston St. and a depth of forty-five feet (45 ) along Amelia St. for a total floor area of approximately one thousand four hundred forty-six square feet (1,446 sq. ft.). 4 The site currently has a front yard depth of four point three feet (4.3 ), a rear yard setback of fifteen feet (15 ), and a side yard setback of three feet (3 ) on each side, which are all existing conditions and meet the minimum yard requirements for this HU-RD2 Two-Family Residential District. 5 The sidewalk adjacent to the lot is in excellent condition and small trees and shrubs currently exist in the front yard of the site as well as in the public right-of-way near the site. Off-street parking is provided a paved side yard of the site. 4 These measurements are rounded to the nearest tenth. 5 HU-RD2 Districts require a minimum front yard depth that the historic setback for the building on the same lot, or within 3 of the average of the block face, a rear yard depth of 20% of lot depth or 15, whichever is less, and a minimum side yard of 3 on either side. These measurements are rounded to the nearest tenth. 2 BZA 043-16
The applicant is proposing to expand an existing rear yard deck into a balcony with excessive encroachment into the required rear yard. The existing deck has a depth of approximately six feet (6 ) and a width of twenty-seven feet (27 ) for an area of one hundred sixty-two square feet (162 sq. ft.). The proposed balcony will have a width of twenty-seven feet (27 ), a depth of seven feet (7 ) and an area of one hundred eighty-nine square feet (189 sq. ft.). The proposal also includes the installation of three foot support beams which will give the balcony a height of seventeen point five feet (17.5 ). The proposal is not in compliance as the support beams classify the deck as a balcony, which will encroach five feet (5 ) in the required rear yard, exceeds the maximum allowed encroachment of four feet (4 ) and requires a waiver of one foot (1 ). Figure 2: Proposed Balcony 3 BZA 043-16
Surrounding Development The site is located in the Uptown New Orleans National Historic District and the Neighborhood Conservation District. 6 The petitioned square consists mainly of a large HU-RD2 Historic Urban Two-Family Residential District, where the petitioned site is located, and consists mainly of single-family and two-family residences with instances of vacant lots and churches in the area. The northern part of the square which fronts Magazine St. is located in an HU-B1 Historic Urban Neighborhood Business District. This district contains a mix of residential and commercial uses with instances of coffee shops, restaurants and other retail uses. Survey of Surrounding Area Upon a site visit to the area, the staff was able to determine there are several instances of residences with decks and balconies which encroach into the required rear yard. However, the staff was unable to accurately measure whether these encroachments would need any waivers or variances. Available aerial imagery does not allow for the measurement of encroachments into required rear yards. There have not been any instances of similar variance requests in the surrounding area within the last five years. A survey (see Tables 1 to 2) of the lot depths of twenty (27) neighboring single-family residences was completed for this analysis. The lot depths of these neighboring properties were surveyed utilizing an online measurement tool on the City of New Orleans Property Viewer, in order to compare the lot characteristics of the petitioned site with that of the surrounding neighborhood. The lot depths of these properties range between thirty-two (32 ) and one hundred fifteen feet (115 ). Nineteen percent (19%) of those properties have deficient lot depths at or below seventy-seven feet (77 ), which creates a deficiency equal to or greater than that of the petitioned site. In addition, the applicant listed several residences (see Table 3) in their application as examples of sites that do not comply with the regulations regarding rear yard encroachments, which are attached to this report. 7 Based on the staff s site visit, aerial imagery and images provided from the applicant, the staff determined that these are examples of accessory structures 8, rear porches 9, and decks which encroach in the rear yard, and that Article 6 Properties located within national historic districts do not require review from the Historic District Landmarks Commission (HDLC). 7 Images attached for residences located at 3729 Constance St., 1001 Milan St., 3805 Constance St., 735 General Pershing and 4222 Constance St. 8 Per Section 21.6 Accessory Structures and Uses 1. All accessory structures and uses are subject to the requirements of this Section and the permitted encroachment regulations of Section 21.7 below. Additional accessory structures not regulated in this section may be regulated in Section 21.7. 2. Only those accessory structures permitted by this section or Section 21.7 are allowed to encroach into required yards. 3. The combined square footage of all detached accessory structures located in the required rear yard is limited to no more than forty percent (40%) of the required rear yard area. 4. Only one (1) detached accessory structure is permitted in a required interior side yard. 5. Accessory structures are permitted within the buildable area unless specifically prohibited by this section. In such cases, the limitation is indicated by language that states permitted to locate only in or similar language, and a designation of the permitted yard or yards. When such location restriction is indicated, the yard indicated includes the area between the principal building wall located parallel to such yard and the lot line, which will include the minimum required yard area. 9 Per Section 21.6.AA Porches & Steps & Stoops of the Comprehensive Zoning Ordinance, 1. Uncovered porches, including attached steps, steps and stoops are permitted in all required yards. Uncovered porches, including attached steps, and steps and stoops may encroach up to six (6) feet into a required front yard, and into a required corner side or interior side yard but shall be located a minimum of two (2) feet from any side lot line. 4 BZA 043-16
21 of the Comprehensive Zoning Ordinance requires different standards for each of the previously mentioned uses. The staff found that each of these properties complies with the regulations of Article 21 and have attached the applicable regulations to this report. Table 1: Survey of Surrounding Single-Family Residences 10 Parcels Square Address Lot Depth 1 210 3729 Constance St. 77 2 210 811 Peniston St. 65 3 210 817 Peniston St. 114 4 210 823 Peniston St. 114 5 210 1026 Amelia St. 114 6 210 1022 Amelia St. 114 7 210 1016 Amelia St. 114 8 210 1012 Amelia St. 32 9 210 3707 Constance St. 115 10 210 3709 Constance St. 115 11 210 3713 Constance St. 115 12 210 3719 Constance St. 115 13 209 828 Peniston St. 61 14 209 824 Peniston St. 114 15 209 820 Peniston St. 114 16 209 816 Peniston St. 114 17 209 812 Peniston St. 65 18 209 3801 Constance St. 87 19 209 3805 Constance St. 87 20 209 3809 Constance St. 114 21 209 3811 Constance St. 115 22 209 3815 Constance St. 115 23 209 3825 Constance St. 115 24 209 3827 Constance St. 115 25 209 817 General Taylor St. 114 26 209 823 General Taylor St. 114 27 209 825 General Taylor St. 114 *Source: City of New Orleans Property Viewer* 2. However, when an existing dwelling is elevated, side steps and stoops may encroach into the entire width of a corner side or interior side yard if they meet the following standards: a. The existing footprint of the dwelling is maintained. This does not include conforming rear additions with no extension of the side walls beyond the existing footprint. b. Steps leading to the side door in the side yard are designed as pass-through staircases, with steps accessible from both the front and rear of the lot. (See Figure 21-7: Pass-Through Stairs) 3. Within the Historic Core Districts, steps and stoops may encroach into the public right-of-way in keeping with the established development pattern. A long-term grant of servitude from the Department of Property Management is required for this type of encroachment. 4. Uncovered porches and steps and stoops are limited to a maximum height of five (5) feet above grade or the base flood elevation, if the structure is elevated, whichever is greater. 10 Data from Squares 280 and 278 are included in this analysis. Both squares are located in S-LRS1 Suburban Lakeview Single- Family Residential Districts. Properties which are not single-family residences are not reflected in the analysis. 5 BZA 043-16
Table 2: Lot Depth Analysis of Neighboring Single-Family Residences Lot Depth Number Percentage <77.56 5 19 Between 78 89 2 7 >90 20 74 Total 27 100 Table 1: Rear Yard Analysis of Neighboring Properties Front Yard Square Encroachment Type CZO Citation Applicant s Depth analysis 3729 Constance 210 Attached porch Article 21, Section 21.6.AA Porches & 3 from property Steps and Stoops line 1001 Milan St. 264 Rear Deck Article 21, Section 21.7 Permitted 2 from property Encroachments into Required Yards line 3805 Constance 209 Roof Article 21, Section 21.6. Accessory 4 from property Structures & Uses line 735 General 172 Attached porch/stair Article 21, Section 21.6.AA Porches & 4 from property Pershing projection Steps and Stoops line 4222 Constance 172 Attached porch Article 21, Section 21.6.AA Porches & 4 from property Steps and Stoops line In compliance Y Y Y Y Y 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? Yes. The special condition for the petitioned site is evidenced by the fact that the petitioned lot is smaller than nineteen percent (19%) of the the surrounding lots in the area. The slightly substandard lot is deficient in lot depth by approximately thirteen feet (13 ), which is a result of the original subdivision of the land. 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. There have not been any similar variance requests in the surrounding area within the past five years. However, the staff believes the original subdivision of many of these surrounding lots, which resulted in the creation of larger lots as compared to the petitioned site, allows the neighboring property owners to construct additions onto existing residences without the need for variance requests. 6 BZA 043-16
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? No, the applicant requests the variance to allow a modest addition onto an existing singlefamily residence, built in a manner that will not significantly impact neighboring residences. 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? No. As the staff was unable to accurately survey rear yard balcony encroachments to this detail, the staff was unable to determine the impact on the area. However, the deficient lot depth of the petitioned site is a condition of the original subdivision of the land. Eighty-one percent (81 %) of the nearby residences have greater lot depths than that of the petitioned site, which may allow them to construct additions onto existing residences without the need for a variance request. 5. Will the variance(s), if granted, alter the essential character of the locality? No. As stated previously, the staff observed several instances of residences with decks, porches and balconies which encroach into the required rear yard. The applicant s modest variance request of one foot (1 ) will not significantly impact the development character in the area and will barely be noticeable to passersby in the area, if approved. 6. Will strict adherence to the property regulations result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience? Yes. Strict adherence to property regulations would result in a hardship that would restrict development of the slightly substandard lot and would hold the property owner to a higher standard than similarly situated neighboring properties. 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) No, the purpose of the variance is to allow an addition onto an existing single-family residence with a slightly substandard lot. As previously stated, eighty-one percent (81 %) of the nearby residences have greater lot depths than that of the petitioned site, which may allow them to construct additions onto existing residences without the need for a variance request. 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 does not pose any foreseeable detriment or harm to neighboring residences. 7 BZA 043-16
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 would not contribute negatively to any of the instances listed above. Staff Recommendation Based on this report, the staff believes the request does satisfy the nine criteria as they pertain to the requested variances. Therefore, the staff recommends APPROVAL of the requested variances, subject to the following provisos: 1. Prior to the issuance of a building permit by the Department of Safety and Permits, the applicant shall submit site, floor and elevation plans to the Board of Zoning Adjustments staff for review and approval. These plans shall be the plans for which the building permit is used. 2. If damaged during construction, the applicant shall restore the sidewalk adjacent to the site, subject to the standards, review and approval of the Department of Public Works. 8 BZA 043-16