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HomeMy WebLinkAboutPre-Hearing Staff Analysis PA82-014 Wyatt Parking Variance PRE-HEARING STAFF ANALYSIS TO: FROM: SUBJECT: Zone Administration.Hearing Planning Director ._._~ PA82-014 Wyatt GENERAL INFORMATION Section 8-26.6 Yards: R-1 District Front 20' minimum Rear 20' minimum Street Side Corner Lot 10' minimum Section 8-63.0 Parking & Loadfng Spaces~. The~e~sha11 be provided and maintained in accordance with those regulat~~~~~.~ff-st~eet au~omobi1e parking and loading spaces for every building and use. No building or structure shall be erected or use estab- lished and no existing bui1dirii~s~~~t :be struct~ra11y a1tered,un1ess there be already in existence, or unless provision therefore is made concurrently with such erection or structural alteration or new use, the number of parking spaces and loading spaces necessary to meet the minimum requirements hereinafter set forth. Section 8-63.1 Continuing Character of Obligation. The mainte~ance of the parking and loading spaces required shall be a continuing obligation of the owner of the real estate upon which the building .ors~ructure is located as long as the building or structure exists and the use requiring such space continues. It shall be unlawful for an owner of a building or structure affected by these requirements to discontinue, change PRE-HEARING STAFF ANALYSIS Page 2 or dispense with or to cause th~ di.~continuance. sale or transfer of such building or structure, without establishing, .a.1.tern.a~i~e ,spaces which conform to those requirements. or for any person, firm, or corpo~~~io~ ~t~ use such building or structure without providing such required parki~s _or l,oading spaces. in compliance with these regulations. Section 8-63.4 Parking S~aces" Size and location. This section reads in part "No required parking spice shall oc;,~up.x .a,ny required _Front Yard, or any required street side yard of a corner lot, ..." ' Secti8Rn8-63.7 Parking Spaces "Required. Two parking spaces are required for each dwelling unit in a R-1 zone. Additionally, the Alameda Count)( ,~l~a~ningCo~ission has an adopted policy on garage conversions (see attachments). . T~ispo1icy has been in affect since October 20, 1969. It provides specific criteria ~~ be ,used in review of garage conversion applications. Background: The Wyatts have requested a Varieance to allow an existing garage conversion (pre-1974) to remain and that the requirement for off-street parking be met by allowing two uncovered parking spaces to occupy the ex~sting driveway. The Wyatt house is located on a corner lot. It has a 20' front yard set back requirement and a 10' street sideyard requirement. ANALYSIS Based on the lot configuration, Zoning Ordinance yard requirements and the prohibition on allowing required parking in r~q~ired setback areas there is only one location on the Wyatt property that could accommodate the required parking except for the existing garage. That area is the rear yard fro~:a 'point ~lOleet back from the street side property line. Existing zoning regulations rega~ding findings ,that are required to be made to grant a Varie80e and the long standing County Policy which limits garage conversions leave little room by which this Variance c~~ 'be granted. ' There does not appear to be any ,special circumstance that requires the use of the garage for other than its intended purpose~~ The granting of the Variance w~l!l_d .provide fora special privilege that is not available to other property with a like_use and in the vicinity of this property. Additionally, as the County Policy points out, the requirementsthat cars be parked off- street and within garages serves sevepa1 public pawposes including maintenance of attractive streetscapes, reduction in on-street parking, and reduction of traffic problems. Sections 8-63.0 and 8-63.1 of 'the Zoning Ordinance are quite specific about requiring that no conversion be undertaken without providing required parking. A pre-existing garage conversion does not relieve the applicant of the requirement to meet off-street parking requirements. ' Findings: No special or unique circumstance has been brought to light which allows the findings stated in Section 8-93.0 to be ma.d~._ The granting of this Variance '~Q.l!1d. .es,~~blish apr:ecldent which would encourage additional garage conversions which intur:n..wQ.uJd Ji.l~el'y" i~nc.rease parking and traffic problems and create visual clutter. . _ _ _. _ _ PRE-HEARING RECOMMENDATIONS Deny the Variance as requested~_ .~hou1doff~stre.t parking be made available in the rear yard. the existing garage woul.d. -'~.Elc~Ofl!e ,cQnfo.rmi.ng and be in compliance with the Zoning Ordinance. Should off-street.p.~r.kin9 not be provided, the existing garage area shall be reconverted back to the required garage within 6mmonths. Attachments: Garage Conversion Policy Tract Map ..- Site Plan