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Case Number: |
A-16-039 |
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Applicant: |
Carlos Sanchez |
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Owner: |
Carlos Sanchez |
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Council District: |
10 |
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Location: |
271 Forrest Hill Drive |
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Legal Description: |
Lot 3, Block 4, NCB 11863 |
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Zoning: |
“NP-10 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
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Case Manager: |
Kristin Flores, Planner |
Request
A request for 1) a 7 foot variance from the minimum 20 foot rear setback, as described in Section 35-310.01, to allow and in-line home addition to be 13 feet from the rear property line and 2) a 3 foot variance from the minimum 5 foot side setback, as described in Section 35-310.01, to allow in-line home additions 2 feet from each side property line.
Executive Summary
The applicant currently resides in the Nowell Subdivision on a street containing only three (3) homes. The applicant wishes to build in-line home additions and is coming before the board for approval before beginning construction. A large area re-zone in 2006 the subject property was re-zoned from “R-5” to “NP-10.” The variance is being requested because the subject property is smaller than the minimum 10,000 square feet required by the “NP-10” zoning category due to the large area re-zone.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“NP-10 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
ROW |
Alley |
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South |
ROW |
Forrest Hill Drive |
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East |
“NP-10 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“NP-10 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Northeast Inner Loop Neighborhood Plan and designated as Low Density Resident in the future land use component of the plan. The subject property is located within the Oak Park - Northwood Neighborhood Association. As such, the neighborhood was notified and asked to comment.
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, the public interest is represented by rear and side setback limitations to protect property owners and to contribute to a sense of community. Staff finds that the request for a carport encroaching into the rear setback is not contrary to the public interest as the subject property backs onto an alley. Additionally, an abnormally large lot is located to the west, the location of the proposed encroachment into side setback. Due to the large amount of space between neighboring structures there are likely to be any adverse side effects on the neighboring property.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special condition in this case is reduced lot size. As the result of a large area re-zone in 2006, the subject property is approximately 8,100 square feet, but is zoned “NP-10” which requires a minimum of 10,000 square feet. This means the subject property is 19% smaller than the standard lot size and reduces the amount of developable space.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested variance will result in substantial justice. The proposed in-line home additions do not reduce equal access to air and light for any of the neighboring properties thus respecting the spirit of the code. In addition, the proposed construction will meet all building codes and fire standards.
4. The variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located.
The requested variance will not authorize the operation of a use on the subject property other than those specifically permitted in the “NP-10 AHOD” Neighborhood Preservation 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.
Forrest Hill Drive is a small street with just three (3) homes. Staff finds that in-line home additions, built within the rear and side setbacks respectively, will not alter character with the essential character of the community. The proposed in-line additions will not be visible from the street.
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 circumstance in this case is the reduced lot size of a property with “NP-10” zoning. This was not created by the owner and is not merely financial in nature.
Alternative to Applicant’s Request
The applicant could follow the guidelines for rear and side setbacks, as described in 35-310.01.
Staff Recommendation
Staff recommends APPROVAL of variance request in A-16-039 based on the following findings of fact:
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1. The reduced small lot size has reduced the overall developable space on the subject property. 2. The proposed in-line home additions will not be visible from the street and will not alter the essential character of the neighborhood. |