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Case Number: |
A-17-040 |
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Applicant: |
Jose Contreras |
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Owner: |
Jose & Paula Contreras |
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Council District: |
1 |
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Location: |
119 Beal Street |
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Legal Description: |
Lot 5, Block 50, NCB 2744 |
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Zoning: |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Margaret Pahl, AICP, Senior Planner |
Request
A request for a 1) a 10 foot variance from the minimum 10 foot front setback and 2) a 5 foot variance from the 5 foot side setback, both as described in Table 35-310-1, to allow a carport on the front and side property lines.
Executive Summary
The subject property’s home was built in 1924 on a 6,000 square foot lot created in 1908 with the recording of the Keystone Park Addition plat. The owner recently built a wooden carport 40 feet deep and 14 feet wide over the driveway into the minimum front and the side setbacks. The carport extends out to the front property line, and includes a shed roof and gutter. The angle of the shed roof also catches all of stormwater from the west-facing half of the home’s gable roof, making the gutter system likely inadequate. Construction did not include any fire spread protection and includes an over-head electric fixture. The property was cited for construction without a building permit and will be required to address all of the building code standards if the Board approves either the requested variance or an alternative variance. The owner is requesting the two variances to keep the carport as constructed.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-4 AHOD” Residential Single-Family 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 |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R4-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Near Northwest Community Plan and currently designated Medium-Density Residential in the future land use component of the plan. The subject property is located within the boundaries of the Keystone Neighborhood Association and within 200 feet of the Jefferson Neighborhood Association. As such, both were 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 public interest is defined as the general health, safety, and welfare of the public. In this case, the public interest is represented by the front and side setbacks to ensure that neighboring property rights are not violated. With the gutter located on the side property line, stormwater is likely encroaching on the neighbor’s property. The carport is also built directly on the front property line, which is unique along this block, and contrary to public interest.
The applicant could reduce the width of the carport from 14 feet to 11 feet in width, providing a three foot side setback, which could provide space for long term maintenance without trespass, consistent with the public interest. In addition, shortening the carport length to 30 feet would satisfy the minimum 10 foot front setback, while providing room to park.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
There are no special conditions on this lot that make enforcement of the ordinance an unnecessary hardship. Setbacks are justified regulations, meant to eliminate trespass and provide access for maintenance. The lot is very typical in shape with 50 feet in width and 120 feet in depth. According to the applicant, the carport is 40 feet in length.
Literal enforcement of the five foot side setback could prove to be an unnecessary hardship. The property was platted and the home built prior to zoning regulations. An alternative variance of two feet to allow a three foot setback would provide room for covered parking.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The intent of a front setback is to create an open street view and establish uniform development standards. The carport does conflict with the intent of the front setback as it does not adhere to the open street view. The intent of a side setback is to allow for maintenance without trespass, and therefore eliminating it would not observe the spirit of the ordinance.
A modified two foot side setback variance could meet the intent of the ordinance by allowing the carport to remain while providing room for maintenance without trespass.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the district in which the request for a variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized in the “R-4 AHOD” Residential Single-Family 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 requested variances to allow the carport within both front and side setbacks will alter the character of the neighborhood; there are no other buildings along this street without a front setback. In addition, allowing the carport to remain on the side property line would continue to damage the adjacent lot with stormwater runoff.
A modified variance of two feet along the side property line to allow the carport to be three feet from the side property line will mitigate the anticipated negative impacts, and not injure adjacent properties.
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.
There are no unique circumstances related to this property. The lot is 50 feet wide by 120 feet deep, typical of residential lots. A ten foot front setback is minimal and should be satisfied.
The existing carport could be reduced in width by three feet and still provide coverage for vehicles and passengers.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the setback standards.
Staff Recommendation
Staff recommends DENIAL of the requested front and side setback variances in A-17-040, with an alternate recommendation of two foot variance from the side setback to allow a carport to be three feet from the side property line based on the following findings of fact:
1. That the three foot setback is adequate to allow maintenance without trespass;
2. That the fire rated construction will still be required through the building permit process.