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Case Number: |
BOA-20-10300119 |
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Applicant: |
Patrick Williams Christensen |
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Owner: |
Norton Lincoln Akin & Hartley Sq LLC |
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Council District: |
1 |
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Location: |
1508 South St. Mary's Street, 120 Playmoor Street, and 1423 South Presa Street |
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Legal Description: |
Lot 1 & Lots 12-27, Block N, NCB 3078 |
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Zoning: |
“IDZ-2 NCD-1 RIO-4 AHOD” Medium Intensity Infill Development Zone South Presa Street and South St. Mary’s Street Neighborhood Conservation River Improvement Overlay 4 Airport Hazard Overlay District with uses permitted for twenty (20) dwelling units, and “IDZ-2 NCD-1 AHOD” Medium Intensity Infill Development South Presa Street and South St. Mary’s Street Neighborhood Conservation Airport Hazard Overlay District with uses permitted for twenty (20) dwelling units |
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Case Manager: |
Azadeh Sagheb, Planner |
Request
Requesting a zoning variance from the South Presa and South St. Mary's Neighborhood Conservation District design regulations to allow 1) a new residential development to be three stories and 38’ in height, and 2) attached rear facing garages to be constructed.
Executive Summary
The subject property is located along the entire blockface of Playmoor street, between South Presa and S St. Mary’s Street. The applicant is requesting variances from the South Presa and South St. Mary's Neighborhood Conservation District (NCD-1) design standard that limits residential height to 35 feet (2-1/2 stories) and only allows rear detached garages. The proposed development will serve as a buffer between the commercial uses to the north and the residential community to the south.
The subject property is entirely in the NCD-1 zoning overlay with a portion in the RIO-4. In accordance with the San Antonio City Unified Development Code, the Office of Historic Preservation reviews all demolition applications for any property located within the city limits of San Antonio. The application for 1508 S St Mary’s was received October 12, 2020, and the demolition review was completed and approved on November 12, 2020. Any proposed exterior alterations associated with the proposal will require approval from the Office of Historic Preservation. Approval of a site plan or renderings submitted as part of a zoning variance application does not supersede any requirements for design review outlined in Article VI of the Unified Development Code. To date, no application has been made to the Historic and Design Review Commission for this project in RIO-4. As such, the properties within the RIO will be continued to the next available meeting to allow time for HDRC review. Therefore, the Board will only be considering the properties outside the RIO during this meeting.
The applicant’s request for change of zoning from the commercial zoned property to Infill Development Zone received approval from the City Council on December 17, 2020.
Code Enforcement History
No relevant code enforcement history exists on this property.
Permit History
No permits have been processed for this property.
Clear Vision Review
A review of Clear Vision is not required for this request.
Zoning History
The subject property is in the original 36 square miles of the City of San Antonio and was originally “J” Commercial District. The subject property was rezoned by Ordinance 74924, dated December 9, 1991, from “J” Commercial District to “B-3” Business District and “B-3 NA” Business Nonalcoholic Sales District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May 03, 2001, the property zoned “B-3” Business District converted to the current “C-3” General Commercial District and the property zoned “B-3 NA” Business Nonalcoholic Sales District converted to the current “C-3 NA” General Commercial Nonalcoholic Sales District. The rezoning request for “IDZ-2” Medium Intensity Infill Development was approved by the City Council on December 17, 2020 with the ordinance forthcoming.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“IDZ-2 NCD-1 RIO-4 AHOD” Medium Intensity Infill Development South Presa Street and South St. Mary’s Street Neighborhood Conservation Zone River Improvement Overlay 4 Airport Hazard Overlay District with uses permitted for twenty (20) dwelling units, and “IDZ-2 NCD-1 AHOD” Medium Intensity Infill Development South Presa Street and South St. Mary’s Street Neighborhood Conservation Airport Hazard Overlay District with uses permitted for twenty (20) dwelling units |
Residential |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“C-3 NA HS NCD-1 RIO-4 AHOD” General Commercial Nonalcoholic Sales Individual Landmark South Presa Street and South St. Mary’s Street Neighborhood Conservation River Improvement Overlay 4 Airport Hazard Overlay District and “C-3 NCD-1 AHOD” General Commercial South Presa Street and South St. Mary’s Street Neighborhood Conservation Airport Hazard Overlay District |
Mexican Restaurant, Vacant building and Office Building |
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South |
“RM-4 NCD-1 RIO-4 AHOD” Residential Mixed South Presa Street and South St. Mary’s Street Neighborhood Conservation River Improvement Overlay 4 Airport Hazard Overlay District, “RM-4 NCD-1 AHOD” Residential Mixed South Presa Street and South St. Mary’s Street Neighborhood Conservation Airport Hazard Overlay District, and “C-3NA NCD-1 AHOD” General Commercial Nonalcoholic Sales South Presa Street and South St. Mary’s Street Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Residence, Triplex and Storage Warehouse |
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East |
“RM-4 NCD-1 AHOD” Residential Mixed South Presa Street and South St. Mary’s Street Neighborhood Conservation Airport Hazard Overlay District, and “C-3NA NCD-1 AHOD” General Commercial Nonalcoholic Sales South Presa Street and South St. Mary’s Street Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Residence |
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West |
“RM-4 RIO-4 AHOD” Residential Mixed River Improvement Overlay 4 Airport Hazard Overlay District |
Brackenridge High School |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is located within the Downtown Area Regional Center plan and is designated as “Urban Mixed Use” in the future land use component of the plan. The subject property is within the boundaries of the Lavaca Neighborhood Association and 200 feet away from the King William Association who were notified about the request and provided with the opportunity to comment.
Street Classification
Playmoor is classified as a local street. South St. Mary’s Street and South presa Street are classified as secondary arterials type B.
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 request for the building height is not in contrary to the public interest. It will provide urban density and walkable housing units along corridors.
The applicant could present information that shows that the attached garages are not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The additional three feet requested variance to build a 3-story structure is not contrary to the public interest and does not negatively impact any of the surrounding residents or uses. A literal enforcement of the ordinance would result in hardship to accommodate the suitable density for this lot. The approved site plan with the rezoning showed the proposed height and went through a public process.
Staff cannot find any special conditions that, if enforced, would result in an unnecessary hardship. The applicant is able to replace the proposed attached garage with a carport as delineated in the NCD-1 Design Standards.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the Neighborhood Conservation District design standards is to encourage developments that preserves the character and culture of the Lavaca community. The proposed development would comprise the entire blockface between two major corridors. Therefore, the spirit of the ordinance will be observed, and substantial justice will be done.
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 variances will not permit a use not authorized within the district it is located in.
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.
The requested variance will not injure the adjacent uses which include the Brackenridge High School campus, several commercial and residential uses along the rear side of the subject property.
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.
Staff could not locate any unique circumstances existing on the property for an attached garage to be located on the rear side. Staff does recommend an alternate of an attached carport within the rear side of property to be utilized as an auto storage element.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to the South Presa and South St. Mary's Neighborhood Conservation District design standards of the UDC Section 35-335.
Staff Recommendation
Staff recommends Approval of the variance for three stories and 38’ in height, but Denial of the attached rear facing garages for BOA-20-10300119 with an Alternate Recommendation of carports, based on the following findings of fact:
1. The additional three feet for the building height will provide flexibility to develop the intended residential dwellings without putting the community out of character, and;
2. The applicant could revise the proposed development and construct a carport instead of an attached garage to comply with the NCD-1 standards.