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Home My Public Portal AboutStaff Report_14-16 Theurer Park_Final 2Town of Watertown Department of Community Development and Planning STAFF REPORT This Staff Report is a technical analysis of the submitted application material and the required findings of the Watertown Zoning Ordinance. It is based only upon information submitted prior to the public hearing and may be revised or updated with new recommendations, findings and/or conditions as new information is obtained by Planning Staff during the public hearing process. CASE #: ZBA-2018-17 Variance SUBJECT PROPERTY: 14-16 Theurer Park PARCEL ID#: 120 4 14 ZONING DISTRICT: Two -Family (T) Residential Zoning District PETITIONER/OWNER: Craig and Rose Hattabaugh, 12 Wits End, Weston ZONING RELIEF SOUGHT: Variance: §6.02(j): Location of Off -Street Parking; Parking on Another Lot and under §9.14: Variances SPECIAL PERMIT GRANTING AUTHORITY: Zoning Board of Appeals DATE OF STAFF REPORT: June 29, 2018 STAFF RECOMMENDATION: Denial DATE OF PLANNING BOARD MEETING: Scheduled July 11, 2018 DATE OF ZBA HEARING: Scheduled July 25, 2018 14-16 Theurer Park ZBA-2018-17 Variance July 29, 2018 Staff Report I. PUBLIC NOTICE (M.G.L. c. 40A, §11) A. Procedural Summary Petition ZBA-2018-17 (Variance) is scheduled before the Planning Board on July 11, 2018 and before the Zoning Board of Appeals on July 25, 2018. As required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice is given as follows: • Publish in the newspaper of record (Watertown Tab) on July 6, 2018 & July 13, 2018 • Post at the Town Administration Building on June 27, 2018 • Mail to Parties in Interest on June 27, 2018 B. Legal Notice "Craig and Rose Hattabaugh, 12 Wits End, Weston, MA 02493, herein request the Zoning Board of Appeals grant a Variance in accordance with Watertown Zoning Ordinance §6.02 (1), Location and Design of Off -Street Parking, so as to install a parking area/driveway for two vehicles for the occupants of the adjacent property without the required setback/buffers. T (Two -Family) Zoning District. ZBA-2018-19" SITE PHOTOS 14-16 Theurer Park — Note Existing Driveway 14-16 Theurer Park Parking Available at the end of the Existing Driveway 14-16 Theurer Park — Driveway and Fence at the End 18-20 Theurer Park — Note Existing Driveway and Garage at the end Page 2 of 5 14-16 Theurer Park ZBA-2018-17 Variance July 29, 2018 Staff Report II. DESCRIPTION 18-20 Theurer Park —Unpermitted Side Yard Parking For the abutting brown house A. Site Characteristics The request for relief affects both 14-16 and 18- 20 Theurer Park, below is a description of both lots. The property at 14-16 Theurer Park is a 5,706 square foot parcel (0.131 acres). The lot contains a two-family, two-story wood shingled dwelling constructed in 1925-1926 (Building Permit) with a driveway on the Northwesterly side of the house. According to the Petitioners, this site had a detached garage. Building permits indicate it was condemned in 2016 and removed. The immediately adjacent property at 18-20 Theurer Park is also a 5,706 square foot parcel (0.131 acres). The lot contains a two-family, two-story vinyl sided dwelling constructed in 1925-1926. It has a paved driveway on the Northwesterly side of the house, and detached garage to the rear. It also has a recently installed paving stone parking areas (See Site Photo above) for 18-20 Theurer Park that is in the Side Yard and setback of 14-16 Theurer Park, which is the subject of this request. B. Surrounding Land Use Located in the Two -Family Zoning District. Theurer Park is a short Street between Watertown Street and Jackson Road (in Newton). The neighborhood has primarily two-story two family residences of various styles and ages. C. Nature of the Request The project requires a Variance from the Zoning Board of Appeals to allow cross -property access from 18-20 Theurer Park across two required 4 foot landscaped buffers on each property to legalize additional parking for 18-20 Theurer Park in the Side Yard and setback of 14-16 Theurer Park. D. Public Comments As of the date of the staff report, no comments were received by the Department of Community Development and Planning (DCDP). E. Relevant Permitting and Enforcement History Because the requested relief, if granted, potentially affects both 14-16 Theurer Park and 18-20 Theurer Park, DCDP staff conducted research on prior permitting and enforcement for both properties. The permits of record in the Building Department provide varied information as to the house/lot numbers. For example, what is now addressed as 18-20 Theurer Park was also addressed as 20-22 Theurer Park in the 1920's. Using this as a guide, and also using records on file with the Town Assessors, Planning and Zoning Offices, both properties were issued a series of Building Permits. These permits were for construction of the houses, repair of one of the houses after a fire in 1988, and for construction of at least one the garages. Records in the Historic Preservation office indicate the garage at 14-16 Theurer Park was condemned in 2016. None of these permits materially affect the current request for a Variance. Page 3 of 5 14-16 Theurer Park ZBA-2018-17 Variance July 29, 2018 Staff Report 111. FINDINGS A. Off -Street Parking Article VI of the Watertown Zoning Ordinance (WZO), Section 6.01(g) states in relevant part that "required off street parking areas shall be provided on the same lot they serve, except that the SPGA may grant a special permit for off street parking areas to be provided on another lot; and any such parking lot shall not be otherwise used or diminished in size unless the SPGA finds the lot is no longer required by the principal use it serves." (Emphasis Added) In this case, both 14-16 Theurer and 18-20 Theurer have existing driveways, which provide the required onsite parking for the lots as stipulated by the WZO. In addition, 18-20 Theurer Park has a detached garage. Therefore, the parking for both lots as it is now, without any adjustment or changes, conforms to the highlighted part of Section 6.01(g). The Petitioner's rationale for the requested new parking arrangement is in part that "it is very difficult for occupants to share keys on four cars to park in tandem..." Tandem parking is defined by the WZO as stacked parking or where vehicles parked headlights to bumper. This style of parking is allowed by Article VI. The Petitioner's request for additional parking for one lot created in the Side Yard of another lot is inconsistent with 6.01(g), and is not necessary. The sites in question each have functional driveways. In addition, one lot has a detached garage. The other lot also expanded the parking area once the garage was condemned in 2016. The required buffer is intended for landscape and snow storage. This request would diminish the amount of open space. B. Variance In accordance with Section 9.14 of the WZO, there are four conditions that the Board must find are all met to support the Petitioner's request for side yard parking. These four conditions are as follows: 1. The variance is sought because of circumstances relating to the soil conditions, shape, or topography of such land or structures, and especially affecting such kind or structures but not affecting generally the zoning district in which it is located. Not Met: The two lots are not unduly impacted by soil conditions. The lots appear to be regular in shape for the Zoning District. The topography of both lots appears relatively flat. The Petitioner claims a special case because the lots have no setbacks, but then notes "all of the houses on the Street are the same."Therefore, these two lots do not exhibit any of the circumstances articulated above, which means the Petitioners have not met this criterion. 2. Literal enforcement of the Zoning Ordinance would involve a substantial hardship, financial or other, to the appellant. Not Met: A literal enforcement of the Zoning Ordinance would not involve a substantial hardship, financial or otherwise, to the Petitioner. The ability of the Petitioner to rent or not rent the units in question because of stacked parking is not a substantial hardship, especially given that many dwellings in Watertown have no onsite parking at all, and are still rented. Page 4 of 5 14-16 Theurer Park ZBA-2018-17 Variance July 29, 2018 Staff Report 3. Desirable relief may be granted without substantial detriment to the public good. Not Met: These sites that are the subject of this Petition have adequate onsite parking, and as such, granting of additional parking on the lot without the required buffers would be a detriment to the public good. 4. Desirable relief may be granted without nullifying or substantially derogating from the intent of this Zoning Ordinance. Not Met: The Ordinance has specific requirements for a conforming parking space, which this proposal does not meet. This request does not provide compelling reasons that support the request for parking in the buffer/Side Yard without derogating from the intent of the WZO. IV. STAFF RECOMMENDATION Staff recommends denial of the requested Variance for Side Yard parking with no buffer, and Off Site Parking under §9.14: Variances and §6.02(j): Location and Design of Off -Street Parking as the request does not meet the four criteria in Watertown's Zoning Ordinance for a Variance to be granted. It also is inconsistent with WZO Section 6.02(g). 12222,, 'raIv nsiaal3 440 4110, �jA5011-OWIJ sr slsz mz .' % .\ r ,r‘,14 7.0 lege. meet' S -c DAN .,110 11,0 40 1P145 16 a o��: 118 SOO m S, 1115, „3 o sa �,3 m FP ,ta mz. .ma wsa Rjo�N91 >a< 1z 11� � ma' 120212 12W111 ,21142x . .6 13 •W F MG.13 4 1awsza" n G.p 'm;10 p- 1.196 , 120,11 se Il21-23 mz ° 'IA 1x112 en. 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