| Hold a Public Hearing, Present, Discuss, and Consider Action on an Appeal of the Building Official’s Decision for the Consideration of an Exception to Sec. 78-179 (Parking on Unimproved Surfaces), Article IV (Stopping, Standing and Parking), Chapter 78 (Traffic and Vehicles), of the Code of Ordinances of the Town of Addison, for the Use of Loose Gravel Material as an Improved Parking Surface for a Residential Driveway within the Front Yard for a Property located at 4011 Azure Lane. BOA21-002/4011 Azure Lane. |
Background: 4011 Azure Lane is a single-family property located in the Les Lacs Garden Homes neighborhood and has an existing two-story home with an attached two-car garage and driveway in the front yard to accommodate two vehicles. The property owner, Jordan McMakin, purchased the property in late 2020 and made significant exterior improvements, including the installation of a second parking surface within the front yard of the property.
On September 28, 2020, the property owner contacted Town staff to confirm the approval process to install additional parking surface in her front yard. At that time, Ms. McMakin submitted a sketch plan for proposed half-circle drive improvements and indicated that the paving material would be exposed aggregate with a brick lining. Through a series of verbal and written interactions, Town staff provided feedback on the request and indicated that a permit would not be necessary; however, compliance with Section 78-179 (Parking on Unimproved Surfaces) of the Code of Ordinances is required.
Through that dialogue, staff provided applicable code requirements to the applicant, confirming that paving stones were an approved parking surface material and that no more than 67 percent of the front yard of the lot could be covered with impervious surface. In November 2020, new parking surface was installed within the front yard of the property. During the construction process, staff followed up with the applicant to request confirmation on the paving materials that were being utilized and to confirm neighbor consent for the setback of the driveway from the neighboring property. The final outcome of the construction process was the addition of a single driveway extending into the property and terminating at the front fence line. This new driveway did not connect to the existing driveway as originally envisioned, but it did employ the loose stone with paver lining that was originally requested.
In May 2021, code enforcement staff performed a site visit to this property to confirm code compliance for this driveway. Following that visit, the Town’s code enforcement officer at that time was directed to issue a notice of violation to the property for this driveway. Due to a misunderstanding by that officer, the notice of violation was not issued at that time. On October 1, 2021, code enforcement staff was again directed to address this issue and a Notice of Violation of Section 78-179 was issued to the property owner for the installation of an unimproved parking surface (round rock gravel) on the property.
This request is an appeal of Town Staff’s determination that a vehicle is parked or stored upon property in violation of the provisions in Section 78-179.
Town Code Requirements: Section 78-179 of the Town’s Stopping, Standing and Parking ordinance requires that parking within the front yard of a residential single-family property be on an improved surface, which is defined as paved concrete, asphalt, paving stones, or other hard surfaced durable material. The property is occupied by an existing single-family detached dwelling unit and is zoned Planned Development (PD) District. The property owner installed additional parking surface within the front yard of the property that consists of 8-inch-deep crushed granite under round rock gravel material, which is in conflict with this ordinance.
Appeals Process: This chapter of the Town’s Code allows the property owner to file an appeal to the Zoning Board of Adjustment (acting as the Board of Appeals in this case, as this requirement is not part of the Town’s Zoning Ordinance) when a notice of violation is issued for vehicle parking or storage on property in violation of the ordinance. In this case, the violation is parking on an unimproved surface.
The Board of Appeals is granted the authority to review the administrative determination and make one of the following decisions:
- Uphold Staff’s determination;
- Approve alternative paving materials where such material demonstrates to meet or exceed the requirements of concrete, asphalt, or other approved paving material;
- Allow a reasonable length of time, not to exceed a maximum of 24 months, in which to comply with the paving requirements; or
- Grant a variance due to peculiarities of the property resulting in an unnecessary hardship.
Residential Character and Maintenance Considerations: This neighborhood and subject property are located within Planned Development (PD) District Ordinance No. 623, as amended by Ordinance No. 091-021, which requires an enclosed garage for two vehicles that is setback 20 feet from the public right-of-way.
The neighborhood was established in the early 1990s and the prevailing character of the neighborhood is 40- to 50-foot-wide lots with zero lot line homes with a front facing two-car garage and concrete driveway for two additional off-street parking spaces.
The subject property has a wider lot width than typical in the neighborhood, at 70 feet wide. However, the setback and parking orientation is consistent in character with the surrounding neighborhood. With the addition of a gravel driveway for two additional vehicles, a total of six off-street parking spaces are provided. While this condition may not be consistent with the character of this neighborhood, it is permitted by Town Code, provided that appropriate materials are utilized that meet the Town’s definition for improved parking surfaces.
The round rock gravel utilized in this application will be more susceptible to dispersion to the street and neighboring properties from rainwater runoff and vehicle movements. This paving material is also more vulnerable to landscape penetrations, such as weed growth. If this driveway is to remain on this property, the round rock gravel should be replaced by warm-toned pavers to best address anticipated maintenance issues and aesthetic considerations.
RECOMMENDATION: DENIAL OF THE REQUEST AS SUBMITTED
Given that the round rock gravel parking surface material may result in maintenance issues for the property owner, neighboring property owners, and the Town, this request for an alternative paving material should be denied and a compliance schedule should be established by Board action. |