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