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File #: 434-21    Name:
Type: Ordinance Status: Passed
File created: 9/9/2021 In control: City Council Meeting
On agenda: 9/21/2021 Final action: 9/21/2021
Title: An Ordinance Approving a Variation of Use and a Series of Variations to Allow the Continuation of a Two-unit in an R-2 (Single-Family Residential) Zoning District, Located at 142 Akin Avenue (ZBA 2021-46)
Attachments: 1. VOU Ordinance_142 Akin Avenue, 2. ZBA 2021-46 (142 Akin Avenue) Staff Report Packet, 3. 081921 Minutes, 4. Approver Report
TO: Mayor and City Council

FROM: James V. Capparelli, City Manager

SUBJECT:
title
An Ordinance Approving a Variation of Use and a Series of Variations to Allow the Continuation of a Two-unit in an R-2 (Single-Family Residential) Zoning District, Located at 142 Akin Avenue (ZBA 2021-46)
end

BACKGROUND:
The property owner, NCS Enterprises Inc., requests approval of a Variation of Use to allow the continuation of an existing two-unit at 142 Akin Avenue. NCS Enterprises Inc. purchased the property in August 2019 believing the building to be a lawful two-unit. They learned that it did not have proper zoning when City staff initiated their review of building permits for the renovation of the structure.

According to available Polk Street Directories, the house appears to have been a two-unit since at least 1930 and remained a two-unit until the present. The 1968 Zoning map shows this property and surrounding neighborhood zoned as R-3 (One-and-Two Family Residence). Portions of the 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 a two-unit; although, the two unit continued to be occupied for almost three more decades.

The house has been vacant for several years. The house includes 2,100 square feet of living space between the two units. There is a housing unit on each floor of the house. Each unit has two-bedrooms and one-bathroom. The property currently offers off-street parking for 5 vehicles, so the property meets the City's parking requirement of three parking spaces for a two-unit.

Staff from the Division of Neighborhood Services has been working with the property owner on the proposed renovation of this house. Subject to the proposed renovation's compliance with Building Code and International Property Maintenance Code, Neighborhood Services has no concerns with the continuation of a two-unit at this location. Should the City approve t...

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