RESOLUTION NO. ____________
RESOLUTION TO GRANT A FRONT YARD SETBACK VARIANCE TO AUTHORIZE CONSTRUCTION OF A GARAGE ADDITION FOR PROPERTY LOCATED AT
1925 BAYSIDE DRIVE
WHEREAS, on Thursday, August 19, 2010, the Biloxi Planning Commission held a public hearing in the Auditorium of the Dr. Martin Luther King, Jr., Municipal Building, 676 Dr. Martin Luther King, Jr. Boulevard, Biloxi, Mississippi, to hear Case No. 10-067, Paul Guercio, a request for a Front Yard Setback Variance for the property located at 1925 Bayside Drive; and
WHEREAS, the Planning Commission members were apprised of the particulars of the case, being made cognizant of the fact that the applicant, Paul Guercio, had requested an eight foot (8’) Front Yard Setback Variance, to authorize construction of a garage addition measuring eighteen feet by twenty-two feet (18’ x 22’), upon the front of his existing single-family residence, resulting in a garage addition situated twenty-two feet (22’) from the west (front) property line, instead of at the thirty foot (30’) front yard setback required by ordinance; and WHEREAS, it was noted that the eight foot (8’) front yard setback variance had been requested to allow construction of said carport to be attached to the existing residence, which carport extension from the garage portion of the single family residence would be situated approximately twenty-two feet (22’) from the front property line, instead of thirty feet (30’) setback, as required by the District Dimensional Standards of the Land Development Ordinance; and
WJEREAS, it was also noted by the owner that the variance now under consideration was needed due to the fact that the current configuration of his residence upon Lot No. 180 in North Haven Subdivision impedes his ability to park vehicles upon his property; and
WHEREAS, it was explained that the original garage constructed as a part of the existing home at this location had been remodeled by a previous owner to allow for the construction of a larger kitchen for this residence, thus necessitating creation of a new covered space for accommodation of vehicles; and
WHEREAS, it was determined that the variance requested was based upon a hardship, one which constitutes the minimum variance necessary to accomplish a reasonable use of said property; and
WHEREAS, on August 19, 2010, the Biloxi Planning Commission, upon careful reflection of the particulars of this case, voted to recommend approval of the request for an eight foot (8’) Front Yard Setback Variance, to authorize a garage addition measuring eighteen feet by twenty-two feet (18’ x 22’) to be constructed upon the front of an existing single-family residence, said resulting garage addition to be situated twenty-two feet (22’) from the west (front) property line, instead of at the thirty foot (30’) front yard setback required by ordinance, based upon a determination of hardship, noting the inability to construct a new garage within either side yard—a hardship sufficient to warrant the amount of variance relief requested, for the property located at 1925 Bayside Drive; and
WHEREAS, the Biloxi City Council, after consideration of all facts presented, hereby adopts the report and findings of the Biloxi Planning Commission and, in so doing, determines that approval of the Front Yard Setback Variance, as submitted, is appropriate for the property located at 1925 Bayside Drive.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, hereby approves the requested eight foot (8’) Front Yard Setback Variance, as submitted, to authorize a garage addition measuring eighteen feet by twenty-two feet (18’ x 22’) to be constructed upon the front of an existing single-family residence, said resulting garage addition to be situated twenty-two feet (22’) from the west (front) property line, instead of at the thirty foot (30’) front yard setback required by ordinance, in Case No. 10-067, Paul Guercio, for the property located at 1925 Bayside Drive, based upon a determination of hardship, noting the inability of the property owner to construct a new garage within either side yard—a hardship sufficient to warrant the amount of variance relief requested.
........................................................................................................................................................ A
RESOLUTION NO. ____________
RESOLUTION CALLING FOR A PUBLIC HEARING WITH RESPECT TO AN APPLICATION REQUEST for A FRONT YARD SETBACK VARIANCE TO AUTHORIZE CONSTRUCTION OF A GARAGE ADDITION FOR PROPERTY LOCATED AT
1925 BAYSIDE DRIVE
WHEREAS, on Thursday, August 19, 2010, the Biloxi Planning Commission held a public hearing in the Auditorium of the Dr. Martin Luther King, Jr., Municipal Building, 676 Dr. Martin Luther King, Jr. Boulevard, Biloxi, Mississippi, to hear Case No. 10-067, Paul Guercio, a request for a Front Yard Setback Variance for the property located at 1925 Bayside Drive; and
WHEREAS, the Planning Commission members were apprised of the particulars of the case, being made cognizant of the fact that the applicant, Paul Guercio, had requested an eight foot (8’) Front Yard Setback Variance, to authorize construction of a garage addition measuring eighteen feet by twenty-two feet (18’ x 22’), upon the front of his existing single-family residence, resulting in a garage addition situated twenty-two feet (22’) from the west (front) property line, instead of at the thirty foot (30’) front yard setback required by ordinance; and WHEREAS, it was noted that the eight foot (8’) front yard setback variance had been requested to allow construction of said carport to be attached to the existing residence, which carport extension from the garage portion of the single family residence would be situated approximately twenty-two feet (22’) from the front property line, instead of thirty feet (30’) setback, as required by the District Dimensional Standards of the Land Development Ordinance; and
WJEREAS, it was also noted by the owner that the variance now under consideration was needed due to the fact that the current configuration of his residence upon Lot No. 180 in North Haven Subdivision impedes his ability to park vehicles upon his property; and
WHEREAS, it was explained that the original garage constructed as a part of the existing home at this location had been remodeled by a previous owner to allow for the construction of a larger kitchen for this residence, thus necessitating creation of a new covered space for accommodation of vehicles; and
WHEREAS, it was determined that the variance requested was based upon a hardship, one which constitutes the minimum variance necessary to accomplish a reasonable use of said property; and
WHEREAS, on August 19, 2010, the Biloxi Planning Commission, upon careful reflection of the particulars of this case, voted to recommend approval of the request for an eight foot (8’) Front Yard Setback Variance, to authorize a garage addition measuring eighteen feet by twenty-two feet (18’ x 22’) to be constructed upon the front of an existing single-family residence, said resulting garage addition to be situated twenty-two feet (22’) from the west (front) property line, instead of at the thirty foot (30’) front yard setback required by ordinance, based upon a determination of hardship, noting the inability to construct a new garage within either side yard—a hardship sufficient to warrant the amount of variance relief requested, for the property located at 1925 Bayside Drive; and
WHEREAS, the City Council of the City of Biloxi, Mississippi, has given the Planning Commission's recommendation full consideration and has determined that this is a matter of general public concern and, being so, it is in the best interest of the community to hold a public hearing on the matter before the City Council.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, will conduct a public hearing in reference to Case No. 10-067, Paul Guercio, on a date to be set and in accordance with all requirements as prescribed by the City of Biloxi Zoning Ordinance governing the conduct of public hearings.
........................................................................................................................................................ B
RESOLUTION NO. ____________
RESOLUTION TO DENY A FRONT YARD SETBACK VARIANCE TO AUTHORIZE CONSTRUCTION OF A GARAGE ADDITION FOR PROPERTY LOCATED AT
1925 BAYSIDE DRIVE
WHEREAS, on Thursday, August 19, 2010, the Biloxi Planning Commission held a public hearing in the Auditorium of the Dr. Martin Luther King, Jr., Municipal Building, 676 Dr. Martin Luther King, Jr. Boulevard, Biloxi, Mississippi, to hear Case No. 10-067, Paul Guercio, a request for a Front Yard Setback Variance for the property located at 1925 Bayside Drive; and
WHEREAS, the Planning Commission members were apprised of the particulars of the case, being made cognizant of the fact that the applicant, Paul Guercio, had requested an eight foot (8’) Front Yard Setback Variance, to authorize construction of a garage addition measuring eighteen feet by twenty-two feet (18’ x 22’), upon the front of his existing single-family residence, resulting in a garage addition situated twenty-two feet (22’) from the west (front) property line, instead of at the thirty foot (30’) front yard setback required by ordinance; and WHEREAS, it was noted that the eight foot (8’) front yard setback variance had been requested to allow construction of said carport to be attached to the existing residence, which carport extension from the garage portion of the single family residence would be situated approximately twenty-two feet (22’) from the front property line, instead of thirty feet (30’) setback, as required by the District Dimensional Standards of the Land Development Ordinance; and
WJEREAS, it was also noted by the owner that the variance now under consideration was needed due to the fact that the current configuration of his residence upon Lot No. 180 in North Haven Subdivision impedes his ability to park vehicles upon his property; and
WHEREAS, it was explained that the original garage constructed as a part of the existing home at this location had been remodeled by a previous owner to allow for the construction of a larger kitchen for this residence, thus necessitating creation of a new covered space for accommodation of vehicles; and
WHEREAS, it was determined that the variance requested was based upon a hardship, one which constitutes the minimum variance necessary to accomplish a reasonable use of said property; and
WHEREAS, on August 19, 2010, the Biloxi Planning Commission, upon careful reflection of the particulars of this case, voted to recommend approval of the request for an eight foot (8’) Front Yard Setback Variance, to authorize a garage addition measuring eighteen feet by twenty-two feet (18’ x 22’) to be constructed upon the front of an existing single-family residence, said resulting garage addition to be situated twenty-two feet (22’) from the west (front) property line, instead of at the thirty foot (30’) front yard setback required by ordinance, based upon a determination of hardship, noting the inability to construct a new garage within either side yard—a hardship sufficient to warrant the amount of variance relief requested, for the property located at 1925 Bayside Drive; and
WHEREAS, the Biloxi City Council has determined that the applicant has not fully developed his argument for hardship to an extent that warrants the Variance relief requested.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, having given the Planning Commission's recommendation full
consideration, hereby rejects said recommendation and hereby denies the requested Variance for the property located at 1925 Bayside Drive, Case No. 10-067, Paul Guercio, based upon a determination that _______________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________
........................................................................................................................................................ C