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Case Number: |
A-18-111 |
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Applicant: |
Josh Dyess |
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Owner: |
San Juan Villanueva |
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Council District: |
5 |
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Location: |
827 Frio City Road |
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Legal Description: |
Lot 15, NCB 7588 |
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Zoning: |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
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Case Manager: |
Dominic Silva, Planner |
Request
A request for an 8.5’ variance from the 15’ Type B landscaped bufferyard requirements, as described in Section 35-510, to allow a buffer yard to be as narrow as 6.5’ along Frio City Road.
Executive Summary
The subject property is located at 827 Frio City Road, at the northeast corner of the Frio City Road and Ladyet Street intersection. The applicant is requesting a variance from the 15’ Type B landscape bufferyard along Frio City Road due to the space required to work on large diesel vehicles within the fenced in property. Additionally, the property fronts a railroad right-of-way. The general characteristics of Frio City Road consist primarily of commercial uses: bar, auto repair, car wash, construction contracting, and the San Antonio Police Academy.
The planting of shrub and small species tree will be used within the bufferyards along South Cibolo Street and Ladyet Street to compensate for the decreased bufferyard along Frio City Road.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Diesel Mechanic |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
Apartments |
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South |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Railroad RoW |
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East |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Auto Repair |
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West |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Bar |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the Guadalupe Westside Plan and designated as Low Density Mixed Use in the future land use component of the plan. The subject property is located within the boundaries of the San Juan Gardens Neighborhood Association. As such they were notified and asked to comment.
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 6.5’ bufferyard is not contrary to public interest as it does not negatively impact any surrounding properties or the general public. As of now, the property has minimal bufferyards established, so any new development will be beneficial and a net improvement to the surrounding district.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Literal enforcement would not allow the continued development of the property as proposed due to the limited space within the property and establishing the full bufferyard as required along Frio City Road.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
In this case, the proposed bufferyard will adhere to the spirit of the ordinance and substantial justice will be done by implementing a 6.5’ bufferyard where none exists currently in order to develop the property.
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 variances will not authorize the operation of a use on the subject property other than those specifically permitted in the “I-1 AHOD” General Industrial 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.
The introduction of a 6.5’ bufferyard along Frio City Road would only enhance the overall appearance of the property, streetscape, and district.
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 plight of the owner for which the variance is sought is due to the owner developing a secure facility in order to operate on diesel vehicles that had nonexistent bufferyards to begin with.
Alternative to Applicant’s Request
The owner would need to meet the required 15’ bufferyard and modify the proposed development.
Staff Recommendation:
Staff recommends APPROVAL of A-18-111 because of the following reasons:
1) The request does not negatively impact the surrounding property owners nor will it significantly alter the appearance of the district, and;
2) The proposed development of the property will increase the streetscape along Frio City Road.