Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, May 9, 1990 TAG: 9005090580
SECTION: VIRGINIA PAGE: B-2 EDITION: METRO
SOURCE: JOEL TURNER MUNICIPAL WRITER
DATELINE: LENGTH: Medium
The city's Board of Zoning Appeals voted to deny Macher's request for a zoning variance to allow a basement apartment in a 10-unit apartment building he owns at 618 Day Ave. S.W.
But the board ruled that Macher can keep one of the two basement apartments in another building he owns at 540 Highland Ave. S.W.
Macher said he feels he is being "harassed" by Old Southwest residents who have contended he is undermining city regulations on housing density and creating problems by trying to squeeze too many apartment units into buildings in the historic district.
In both cases, Macher denied he intended to violate city regulations on housing density because the lots don't have the amount of space required for the number of apartment units in the buildings.
Macher said he bought the buildings with the understanding from the former owners that both had basement apartments. He said he did not realize he had violated density regulations until city inspectors contacted him long after some of the renovation work had been finished.
The board denied Macher's request for a basement apartment at 618 Day Ave. because he could not provide evidence that the basement had been used for an apartment before the new density regulations took effect in 1987. The building had 10 apartments when the new regulations took effect, but Macher wanted to add an 11th apartment in the basement.
The building at 540 Highland Ave. has four apartments on the upper floors. Macher said the building also had one basement apartment when he bought it in 1986. He added a second apartment in the basement in 1988 to make a total of six units, although the lot size permits only four apartments.
Macher, a Republican candidate in last week's election, withdrew his request for the second apartment in the basement Tuesday because he said it had been added in 1988 after the new density regulations were approved. He sought permission for only five apartments - four on the upper floors and one in the basement.
The board ruled in Macher's favor because he testified that one basement unit was renovated and leased before the new density regulations took effect. The board said he could have one basement apartment because of a grandfather provision in the regulations that permits conditions in existence when theregulations were approved to continue.
Macher is one the largest property owners in Old Southwest. He has placed about half of his Old Southwest property on the market, but he has said it was a business decision that is unrelated to the complaints by neighborhood residents.
by CNB