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Case Number: |
BOA 19-10300001 |
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Applicant: |
John O’Neil |
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Owner: |
John O’Neil |
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Council District: |
1 |
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Location: |
1027 Arroya Vista Drive |
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Legal Description: |
Lot 22, Block 1, NCB 11697 |
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Zoning: |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Mercedes Rivas, Planner |
Request
A request for a 4’11” variance from the 5' side setback requirement, as described in Section 35-371(a), to allow for a structure to be 1” from the side property line.
Executive Summary
The subject property is located at 1027 Arroya Vista Drive. The applicant is requesting a decrease of the side building setback line for a proposed carport.
Code Enforcement History
No violations of the requirements of the UDC were observed upon a staff visit to the site, and there have been no code violations reported.
Permit History
No permit history related to this proposed carport exists on the property. The property owner is seeking a variance to allow for permit to be issued.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-5 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 |
“C-2 AHOD” Commercial Airport Hazard Overlay District |
High Density Residential |
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South |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the Greater Dellview Area Community Plan and is designated “Low Density Residential” in the future land use component of the plan. The subject property is within the North Central Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Arroya Vista Drive 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 help to provide consistent development within the City of San Antonio. The applicant is seeking a variance to allow the carport to remain one inch from the side property line. Allowing the carport to be one inch from the side property line interferes with the character of the neighborhood. Staff finds that the carport, as proposed, is contrary to the public interest.
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 side setback to one inch. The applicant could use their house garage, which seems large enough for two automobiles.
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. In this case, the intent is to provide enough of a setback to allow for long-term maintenance without trespass. The elimination does not provide such clearance and does not observe the spirit of the ordinance.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the zoning district in which the variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized by the zoning 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 placement of a carport one inch from the side property line is contrary to the essential character of the 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.
Staff is unable to determine any unique circumstance existing on the site that warrants the near elimination of the side setback. The applicant can use their garage to protect themselves and their vehicles from inclement weather.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required five foot side setback.
Staff Recommendation
Staff recommends DENIAL of the variance in 19-10300001, based on the following findings of fact:
1. The carport is contrary to the public interest in that it detracts from the essential character of the community.