Deer Run/PP-CS 980630MEMORANDUM
TO:
FROM:
SUBJECT:
Greg Jones
Pert Virtanen ~
Property on Ruby Road at southwest comer of Deer Run
DATE: June 30, 1998
Yesterday I visited with Ms. Gaston at the property on Ruby Road. My best suggestion was to
add on to the existing house, making it a duplex. I pointed out that the addition would have to be
faced with enough masonry material to yield a minimum of 80% masonry on the total structure.
Ms. Gaston had no particular problem with facing the addition with stone to match the existing
house on the property. The addition, I believe, could be accomplished by moving the house next
door on to the property and adding new construction to form an adequate amount of building
attachment.
Her biggest problem seemed to be with the 20' rear yard requirement. I don't know if it is a
problem or not. She really needs to take measurements and make a drawing. However, I am
inclined to believe that she can observe the rear yard requirement. If not, I told her that she had a
second option. Once the Deer Run plat is filed, the northeast comer of the property will have
frontage on Hawken Drive. This would create a 30' front yard requirement along the east
property line and a 10' side yard requirement along the north property line. That might help.
The requirement of 2 attached and enclosed parking spaces for each dwelling unit did not seem
to bother her too much, although I don't know where she would find the space to construct a
garage. I told her that, if she could convince the BOA that 4-car parking was unnecessary for her
and her mother's circumstances, the Board might grant a special exception. I pointed out,
however, that property sometimes changes hands and that those circumstances may not apply to
future residents. The Board would have to take that into consideration.
Finally, there is another issue that I did not discuss with her. The ordinance now requires that
property be platted before issuing a building permit. In this case, we are dealing with a
nonconforming use. The nonconforming use provisions of the Zoning Ordinance say that a
nonconforming use may be changed to a conforming use. The paragraph does not specifically
state that, in order to change to a conforming use, the property must be a platted lot. On the other
hand, it doesn't say otherwise either.