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Case Number: |
A-18-115 |
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Applicant: |
Jennifer Hansen |
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Owner: |
Jerry and Wilhelmina Hansen |
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Council District: |
2 |
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Location: |
208 Sherman Street |
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Legal Description: |
The East 24.5 feet of the West 81.5 feet of Lot 1, Block 25, NCB 512 |
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Zoning: |
“R-4 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
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Case Manager: |
Dominic Silva, Planner |
Request
A request for 1) a 9’ variance from the 10’ front setback, as described in Section 35-310.01, to allow a structure to be 1’ away from the front property line, 2) a 1’6” variance from the 5’ side setback requirements to allow a structure to be 3’6” away from the side property lines, 3) a 10’ variance from the 20’ rear setback requirement to allow a structure to be 10’ away from the rear property line, 4) a 2,800 square foot variance from the 4,000 square foot minimum requirement, also described in Section 35-310.01, to allow a structure to be built on a 1,200 square foot lot, and 5) a waiver of the parking requirement, as described in Section 35-526, to allow a single-family lot with no parking.
Executive Summary
The subject property is located at 208 Sherman Street, approximately 81’ east of North Cherry Street and 370’ west of North Mesquite Street. Directly north of the applicant’s property, across the street, is the LCW Automotive industrial shop.
Currently undeveloped, the applicant is requesting relief from all setbacks and minimum lot size in order to make use of the property as a single family dwelling with no parking. The applicant has secured approval from the Historic and Design Review Commission and has submitted for a Certificate of Determination pending the Board of Adjustment’s decision.
The lot is situated between two historic shotgun structures constructed in approximately 1920. Originally, per Sanborn Maps and archival documents, the vacant lot featured a shotgun home similar in design and scale to those adjacent. That structure was demolished in 1996. Sherman Street is the northernmost border of the Dignowity Hill Historic District and the northern side of the street contains heavy industrial buildings and surface parking. The current massing of the district has maintained its initial development configuration throughout as being built prior to the establishment of required setbacks.
Due to the unique layout of the community and pattern of small lots, the applicant requests a variance in order to utilize the lot like every other home owner within the historic district. If adhering to setbacks and lot requirements of the Unified Development Code, this lot will sit vacant.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-4 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Vacant |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Manufacturing Facility |
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South |
“R-4 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-4 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Single -Family Dwelling |
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West |
“R-4 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Single -Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the Dignowity Hill Plan and designated as Low Density Residential in the future land use component of the plan. The subject property is located within the boundaries of the Dignowity Hill Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Sherman Street is classified as a Collector street.
Criteria for Review
According to Section 35-482(e) of the UDC, in order for a variance to be granted, the applicant must demonstrate all of the following:
1. The variance is not contrary to the public interest.
The public interest is defined as the general health, safety, and welfare of the public. In this case, given the lot constraints, granting the variances still provides adequate accessibility to light, air, and open space. Staff finds the request is not contrary to the public interest in that the requested setbacks largely maintain what has been in place for years, is similar to other setbacks within the historic district, and follows the previous shotgun structure prior to the demolition in 1996. Similarly, the lot size and request to waive the request for on-site parking is similar to other residences within the district.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
A literal enforcement of the ordinance would render the property nearly undevelopable. Staff finds that relief is warranted. The small lot configurations are the result of an old subdivision and the lots are similar to the lot scheme of the historic district. Further, the applicant has proposed to orientate the structure that is consistent with the development pattern found on the block currently.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance is the intent of the code, rather than the strict letter of the law. The intent of the setback limitation is to prevent fire spread, allow adequate space for maintenance, and encourage proper storm water drainage. All intents of this law will be observed if approved. Staff finds that a literal enforcement of the ordinance would result in unnecessary hardship as the variances will not permit massing that is not found elsewhere in the neighborhood.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the zoning district in which the variance is located.
The requested variance will not permit a use not authorized within the “R-4 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District.
5. Such variance will not substantially injure the appropriate use of adjacent conforming property or alter the essential character of the district in which the property is located.
This variance would not substantially injure or alter the use or character of adjacent conforming property or character of the district. Specifically, the variance would not place the structure out of character within the community. Further, the proposed residential structure is following a district norm of reduced setbacks for all houses built within the area as well as off-street parking.
6. The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located.
The unique circumstances existing on the property are neither due to the general conditions of the district, nor due to the owner, and is not financial in nature. The character of reduced lot sizes within the district is uniform, leaving little room for proper building setbacks and on-site parking. This is created by the proliferation of older, outdated substandard lots currently zoned “R-4.”
Alternatives to Applicant’s Request
The alternative to the applicant’s plan would be to comply with the side building setbacks as defined within Section 35-310.01 and comply with the Section 35-526 (b)(7) parking requirements.
Staff Recommendation
Staff recommends APPROVAL of A-18-115 based on the following findings of fact:
1. The requested variance is will not detract from the character of the district as many properties follow the original configuration of shotgun style layouts, and;
2. Adequate space will be utilized to prevent storm water runoff, maintenance of property, and maintenance of the structure without trespass, and;
3. The lot is too small to reasonably provide for all required setbacks and on-site parking