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B.

Whether the variance is substantial;

PRELIMINARY STAFF FINDINGS:

  • Staff believes this variance request is not substantial in nature. The covered porch structure will complement the existing principal and accessory structures. The variance request would change the front yard setback from 55 feet to 45 feet. This is a relatively minor change and will still be setback a reasonable distance from the street, consistent with homes in the R-4 Zoning District.
C.

Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

PRELIMINARY STAFF FINDINGS:

  • The essential character of the neighborhood would remain intact should the BZA be inclined to grant this variance request. As mentioned above, the proposed front porch structure would be setback a reasonable distance from the front yard property line, consistent with surrounding homes located in the R-4 Zoning District.
D.

Whether the variance would adversely affect the delivery of governmental services (i.e. water, sewer, refuse, police/fire);

PRELIMINARY STAFF FINDINGS:

  • There is no reason to believe governmental services would be adversely affected due to the granting of the variance. (See attached comment forms.)
E.

Whether the property owner purchased the property with knowledge of the zoning restriction;

PRELIMINARY STAFF FINDINGS:

  • Staff has no information as to the owner’s knowledge at the time of purchase.
F.

Whether the property owners’ predicament feasibly can be obviated through some method other than a variance;

PRELIMINARY STAFF FINDINGS:

  • Due to existing layout of the lot and the nature of the covered porch structure, it would be impossible for the applicant to complete the proposed project without a variance.
G.

Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance;

PRELIMINARY STAFF FINDINGS:

  • The spirit and intent of the setback requirement is to ensure a reasonable distance between the principal structure and the property line, and to align houses with other homes in the block for aesthetic purposes. There are several homes in the area with covered porches in the front and corner side yards in the surrounding neighborhood. It is important to note that while 825 Harman Avenue is located in the R-1 Zoning District, it is surrounded by homes located in the R-4 Zoning District.
  • The applicants have chosen the most logical location for the proposed covered porch structure.