HomeMy WebLinkAboutA004 - Memo dated November 8, 1991 to City Council from Planning 33
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TO: Mayor, City Council
FROM: Brian P. O'Connell, Director, Planning & Housing Department
DATE: November 8, 1991
RE: ZBA Suggestion on Modifying Zoning Ordinance for Front Yard
Parking
Late last July, the Zoning Board of Adjustment forwarded a suggestion to
the City Council that the Zoning Ordinance be modified to allow a means
where vehicles can turn around in the front yard on properties that are
located on arterial streets.
The basis of this suggestion is to improve the safety of vehicles entering an
arterial street where currently they may have to back out into the arterial
street because of an inability to turn around in the yard area of the
property.
The impetus of this suggestion stems from a variance application for
property at 1311 Grand Avenue that requested a variance to the
prohibition of front yard parking. The variance was ultimately granted.
Section 29.43(3) of the Zoning Ordinance prohibits vehicular parking in
the front yard, or any paving in the front yard that may result in front
yard parking. The ordinance reads specifically as follows:
(3) Under no circumstances shall vehicular parking be permitted
in the front yard of any residential building in any S, R1-10,
R1-6, R-2 or 112-7 district, except upon a driveway that leads
to the side or rear yard, or to an attached garage. There
shall be no installation at grade of any expanse of asphalt,
concrete, gravel, brick, or other form of paving by any
material whatsoever without the written authorization of the
zoning enforcement officer. Such authorization shall be
granted only if under the facts and circumstances of the
particular situation it is unlikely that the paving will facilitate
the use of the front yard, or any part thereof, for the
parking of vehicles, except on a driveway as aforesaid.
The two competing policy issues that are resulting from this situation could
be summarized as follows:
1. Property owners that front on arterial streets deserve to have an
ability to maneuver their vehicles on their property so that safe
entrance onto an arterial street can occur. (Obviously City staff
agrees with this policy position.)
2. The aesthetics of property should be protected by preventing the
parking of vehicles in the front yard and thereby preventing
unsightly situations from being created due to front yard parking.
(City staff also supports this policy position.)
Two options exist as a means to, solve this problem of apparent competing
policy positions. These are:
1. Amend the Zoning Ordinance to allow paving in the front yard of
properties along arterial streets. This would favor a policy of
improving safety conditions.
2. Keeping the ordinance as it exists which would favor a policy of
aesthetics. This would require property owners to obtain variances
to improve what might be a safety problem.
Since the front yard parking ordinance was adopted, several variance
requests have been heard by the Zoning Board of Adjustment to allow for
vehicles to park side by side on private property, generally located in
residential neighborhoods on local streets. There has only -been one
variance request, which involved the property at 1311 Grand Avenue,
where the front yard parking issue was based on a concern for the safety
of vehicles entering an arterial street. Therefore, since there has only
been one request that involves a safety issue, staff does not believe that
this problem represents a prevalent situation throughout the community.
(Material from the Zoning Board of Adjustment is attached for your
review.)
Attachment
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