TO: Mayor and City Council
FROM: James V. Capparelli, City Manager
SUBJECT:
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An Ordinance Approving a Variation of Use to Allow the Continuation of an Existing Rental Unit above a Garage (a Two-unit) in a R-2 (Single-Family Residential) Zoning District, Located at 429 Buell Avenue (ZBA 2021-43)
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BACKGROUND:
The property owner, Kamar Tiller, of 429 Buell Avenue requests approval of a Variation of Use to allow the continuation of an existing rental unit in the upper-level of a detached garage located on the property. The address for the garage unit historically has been 426 Division Street. The current property owner found out that he did not have proper zoning for a second housing unit on the property when he tried to refinance his home in the spring of 2021. He purchased the property in 2018 believing that he could rent out the apartment above the garage, which currently has a tenant.
Polk Street Directories show a residence at 426 Division Street from 1954 onwards. The 1968 Zoning map shows this property and surrounding neighborhood zoned as R-5 (Multiple Family Residence) district. Portions of this neighborhood were reclassified in the 1990s to R-2 (Single-family Residential) zoning. The owner at that time, did not apply to retain the property's zoning status for an accessory dwelling unit; although it is believed that this owner continued to rent out the unit for almost three decades. A circa 2000 Plat of Survey for the property also shows the garage as having a second story apartment.
The entrance to the apartment unit at 426 Division Street faces Division Street. The 700 square foot apartment unit has one bedroom, one bathroom, kitchen, living room and laundry room. There is parking for two cars adjacent to the garage with the apartment unit at 426 Division Street. This parking is in addition to the four-bay garage and concrete parking area along Nicholson Street for the property owner's use.
The apartment unit is an accessory dwelling uni...
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