Contentious Zoning Variance Sees Full Council Discussion

The zoning variance that caused so much contention at last week’s Hyattsville Mayor and Council meeting caused just as much discussion at ’s meeting but ultimately won approval.

after Councilor Tim Hunt (Ward 3) made two failed attempts to remove the zoning variance from the consent agenda so it could be discussed by the council. As a result, there were not enough votes to approve the agenda and Mayor Mark Tartaro adjourned the meeting with no business conducted.

The variance in question is for the construction of a sunroom, landing, and steps on 42 Avenue in Hyattsville that would result in 6% more lot coverage than allowed by the zoning ordinance.

At the direction of Tartaro, Code Enforcement Senior Inspector Chris Giunta approached the owners of the property and requested that they remove part of their driveway and install permeable pavers to reduce the excess lot coverage to around 3% in order to gain the council’s approval of the variance.

Hunt took issue with the fact that the variance appeared on last week’s consent agenda because the council had no previous opportunity to discuss the motion before approval.

“I’m concerned about the way things went,” said Hunt. “The mayor acted without the council and this should have been brought up at the January 23 meeting,” said Hunt, about the date .

During that meeting, the mayor pulled the variance from the consent agenda and asked staff for more information. Guinta said the mayor asked him to move forward and ask the homeowner to remove part of his driveway.

“I was a little disappointed with the process,” said Hunt.

However, Giunta said it is common practice for city staff to work with homeowners to negotiate lot coverage and other discrepancies so that code enforcement can recommend projects to the council for approval.

Hunt cited two past construction projects in Hyattsville where variances were supported by the council without requiring the homeowners to remove parts of their driveways or otherwise mitigate the excess lot coverage.

“It is inconsistent with previous variances,” said Hunt in a later interview.

Hunt suggested an amendment to strike from the staff report the requirement that the homeowner remove parts of his driveway to gain council approval, and to allow the construction of the sunroom with the 6% excess lot coverage.

"They are trying to improve their house and improve their neighborhood and I think Hyattsville really overreached in asking them to remove part of their driveway," Hunt said.

The amendment failed, and the staff recommendation to replace part of the driveway with permeable pavers stood. The majority of the council voted to approve the variance.

While Hunt was disappointed that his amendment failed, was glad that council discussed the issue.

"Public issues deserve public comment, and I'm glad that finally happened last night," he said.