DEPARTMENT: Development Services
SUBJECT:
Being 1. 00 acre of land located on Priest Road, out of the Francisco Farias Survey No. 15, Abstract 2, County Block 4010, Bexar County, Texas, and being out of a 35.056 acre tract described in deed records in Volume 14259, Page 1591, Real Property Records of Bexar County, Texas.
SUMMARY:
Request by Gabriel A. Pop, for approval of a certificate of determination for 1.00 acre tract of land, generally located on the north side of Priest Road and southwest of the intersection of Priest Road and Shady Forest. Staff recommends Denial. (Donna Camacho, Sr. Planner, donna.camacho@sanantonio.gov, Development Services Department)
BACKGROUND INFORMATION:
Council District: OCL
Owner: Gabriel and Belinda Pop
Staff Coordinator: Donna Camacho, Sr. Planner
ANALYSIS:
Zoning:
The property is located outside the city limits of San Antonio, therefore zoning is not applicable.
Use:
Single-Family Residential
Background Information:
The owners applied for a certificate of determination with the intent to receive electricity service to build a new house; however, his request was denied because it did not meet any of the current exceptions outlined in 35-430(c) of the Unified Development Code.
The applicant is appealing the denial of his request for Certificate of Determination. The applicant stated that he disagrees with Section 35-430(c)11(c) which states: the property must be in its same configuration prior to January 1, 2005; for utility purposes it should not matter when a property was reapportioned.
ALTERNATIVES:
The Planning Commission may deny the appeal based on Unified Development Code (UDC) Sec. 35-430(c) Plat Exceptions. If the appeal is denied the lot must be platted.
The Planning Commission may approve the appeal based on a determination that staff’s interpretation of the Unified Development Code, Section 35-430(c)(11)(c) and application was done in error.
RECOMMENDATION:
Staff recommends disapproval of a request for a single family residential utility connection, and thus a waiver of the platting requirement. The recommendation is based upon the following:
• Staff recognizes the applicant’s distressing circumstance; however, it is the opinion of staff that if the request is granted, it will undermine the enforcement of the UDC, as noted above.
• The applicant does not meet any of the plat exceptions as outlined in the UDC, as per section 35-430(c) 1 through 15, as attached.
• The applicant has not demonstrated a unique hardship that relates to the land, rather than personal circumstances.
• If the appeal is granted it will set a strong precedence to property owners in the area to illegally subdivide their property, request similar certificate of determination appeals; and ultimately waive the platting requirements.