ME 2017-01_1904 N Heliotrope Resolution

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F. Mills Act Issues Several commenters expressed concern that the proposal violated the Mills Act, and specifically an apparent mandate in the City's Mills Act contract preventing improvements that "block the view corridor" of historic properties from "the public right of way." Though the interpretation and application of any such contractual restriction is beyond the scope of this proceeding, the Zoning Administrator notes the proposed wall would not "block" views of the Residence from the public right-of-way. At most, the proposal wall would restrict public views of certain features of the Residence from certain vantage points. G. Establishment of Precedent Briefly responding to concerns that approving the Application would establish precedent for future proposals, the Zoning Administrator notes that this proceeding, like any other involving variances or minor exceptions, is limited to the special circumstances applicable to the Property. The decision rendered in this matter therefore does not establish precedent for future applications concerning different properties and proposals. H. Required Findings for Granting the Application Based upon the facts articulated above, and all other matters included in the administrative record for this matter, the Zoning Administrator hereby finds that the mandatory findings set forth in Code Section 41-367(a)(2) may be made for the following reasons: 1) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The Property is comprised of two (2) parcels totaling 17,670 square feet. Nonetheless the usable and protected (from both a safety and privacy perspective) backyard space is limited by the Residence's location on the northwest portion of the Property, and the two (2) car garage and driveway situated behind the Residence. These features similarly limit the side yard to the north of the Residence, the only other area that is at least partially shielded from the public right -of way. The Property enjoys large front and side yards along Heliotrope Drive and Nineteenth Street, but its corner location limits the utility of this area as a supplemental yard space. Testimony provided at the hearing indicated that Nineteenth Street is heavily traveled, at least relative to other roadways in Floral Park, and public walkways front the Property along Heliotrope Drive and Nineteenth Street. These conditions create safety and privacy concerns that significantly detract from the Applicant's ability to freely use and enjoy this front yard area. The Residence is also unique. It is a two-story structure of notable height and scale, and constructed in an architectural style characterized by symmetric and "box -like" dimensions,