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Case Number: |
A-18-161 |
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Applicant: |
Business 4 All Investments, LLC |
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Owner: |
Business 4 All Investments, LLC |
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Council District: |
2 |
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Location: |
1118 Wyoming Street |
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Legal Description: |
Lot 5, Block East ½ of 21, NCB 619 |
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Zoning: |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for 1) a 4’6” variance from the 5’ side setback, as described in Section 35-310.01, to allow a carport to be 6” from the side property line and 2) a 9’6” variance from the 10’ front setback, as described in Section 35-310.01, to allow a carport to be 6” from the front property line.
Executive Summary
The subject property is located at 1118 Wyoming Street, approximately 190’ west of South Pine Street. The applicant is seeking to keep an attached carport, as built, made entirely of wood 6” from the site and front property lines. Code Enforcement initiated this case on July 30, 2018. During field visits staff only noticed one carport within the side setback in this block.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“RM-4 AHOD” Residential Mixed 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 |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the Downtown Neighborhood Plan is currently designated as Residential in the future land use component of the plan. The subject property is located within the boundaries of the Denver Heights Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Wyoming Street is classified as a Local Street.
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 served by setbacks, which provide for consistent development within the City of San Antonio. The applicant is seeking a variance to allow the carport to be 6” from the front and side property line. The requested 6” front and side setbacks fail to provide adequate fire separation distance, provides no room for maintenance, and may drain water onto adjacent property. Staff finds that the carport, as proposed, is contrary to the public interest.
Staff supports reducing the side setbacks to 3’ and posts at 10’ from the front property line, with a 5’ eave overhang which would provide adequate room for maintenance and would provide better separation for fire spread and rainwater runoff.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff is unable to establish any special condition that warrants reducing the front and side setback to 6”.
The applicant could modify the proposed carport to have a 3’ side setback and posts could be located at the 10’ front setback line, with up to a 5’ eave extension beyond them.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance is the intent of the code, rather than the strict letter of the law. The intent of the code is to provide for consistent development and to establish room for maintenance, and to reduce the threat of fire spread. The requests to reduce the front and side setback do not observe the intent of the code.
Staff supports a modified side setback reduction to 3’ with posts at the 10’ from the front property line, with a 5’ eave overhang, as this addresses those concerns.
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 “RM-4 AHOD” Residential Mixed 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 carport was constructed without permits and the substantial size of the carport itself does not warrant a variance. Rather, the applicant can modify the carport to meet requirements without Board approval.
The carport could be modified to allow carport structure at 3’ with posts at the 10’ from the front property line, with a 5’ eave overhang.
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 is unable to determine a unique circumstances existing on the site.
The carport should be designed in a manner that respects the intent of the code.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required front and side setbacks adhering to Section 35-310.01.
Staff Recommendation
Staff recommends DENIAL with an Alternate Recommendation of the requested side setback and the requested front setback variance in A-18-161, based on the following findings of fact:
1. The requested side setback reduction creates unsafe fire protection distances, and;
2. The requested side setback reduction leaves no room for maintenance, and;
3. A 3’ side setback would provide room for maintenance and some fire separation, and;
4. The carport could have posts 10’ from the front property line, with up to a 5’ eave extension, without Board approval.