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Case Number: |
A-16-131 |
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Applicant: |
Ricardo San Miguel |
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Owner: |
Ricardo and Esther San Miguel |
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Council District: |
4 |
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Location: |
210 Wagner Avenue |
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Legal Description: |
Lots 7 and 8, Block 124, NCB 8040 |
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Zoning: |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Logan Sparrow, Senior Planner |
Request
A request for a four foot variance from the required five foot side yard setback, as described in Section 35-310.01, to allow a carport to remain one foot from the side property line.
Executive Summary
The subject property is located at 210 Wagner Avenue, approximately 105 feet west of Huron Street. The applicant is seeking a variance to allow a carport to remain one foot from the side property line. The carport is made of metal and thus poses little fire threat. Additionally, the carport has been designed with gutters to prevent water runoff onto the adjacent property. The carport was built ten years ago and was recently cited by Code Enforcement.
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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 |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Nogalitos / South Zarzamora Neighborhood Plan and designated as Low Density Residential in the future land use component of the plan. The subject property is within the boundaries of the Tierra Linda Neighborhood Association. As such, the neighborhood was 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 public interest is defined as the general health, safety, and welfare of the public. In this case, the public interest is represented by minimum setbacks to ensure that we have safe development within the City of San Antonio. The applicant built the carport one foot from the side property line. Because the carport is attached to the house the carport is required to be five feet from the side property line. However, the metal construction of the carport helps to address fire concerns. Further, the applicant has added a gutter to prevent water from draining onto the adjacent property. Because fire and drainage concerns are addressed, staff finds that the request is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Like many properties in San Antonio, there was inadequate space on the side of the home to meet the required five foot setbacks and have a functioning carport. Because the applicant has taken steps to address drainage concerns, and because the carport is made of metal, staff finds that requiring the full five foot side yard setback presents an unnecessary hardship.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested variance would result in substantial justice because it will allow the property owner to keep a carport that has existed for ten years. The spirit of the ordinance calls for safe development; the metal construction helps to address fire concerns, and the gutters address rainwater runoff.
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 variance will not authorize the operation of a use on the subject property other than those specifically permitted 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 carport has existed in its current location for ten years without incident. The applicant has taken steps to ensure the protection of the adjacent property owner.
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 unique circumstance present in this case is that the applicant has taken steps to mitigate the impact of the carport design to protect their neighbor. As a result, while the carport does not meet the strict letter of the law, the intent of the ordinance is served.
Alternative to Applicant’s Request
The applicant would have to comply with the five foot side setback standard.
Staff Recommendation
Staff recommends APPROVAL of A-16-131 based on the following findings of fact:
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1. |
The applicant has addressed fire and water concerns |
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2. |
The carport has been in that location for ten years without incident. |