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Case Number: |
BOA-20-10300075 |
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Applicant: |
J07 Investments LLC |
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Owner: |
J07 Investments LLC |
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Council District: |
5 |
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Location: |
220 East Lachapelle |
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Legal Description: |
Lot East 30 Feet of Lot 10, Block 3, NCB 2582 |
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Zoning: |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Dominic Silva, Senior Planner |
Request
A request for a 3,210 square foot variance from the minimum lot size requirement of 6,000 square feet, as described in Section 35-310.01, to allow a lot size to be 2,790 square feet.
Executive Summary
The subject property is located within the identified Downtown Regional Center as “Employment/Flex Mixed Use;” as such, there is a variety of commercial, industrial, and mixed uses as well as a set pattern of small, dense residential lots under the required lot size requirements of the zoning district.
The current lot is vacant, with a dilapidated structure that will be demolished in way of a newly constructed single-family home. Due to the unique layout of the community and pattern of small lots, the applicant requests a variance in order to utilize the lot like every other home owner within the neighborhood. A variance to the lot size requirement is required in order to develop on the lot.
Code Enforcement History
No code enforcement history exists on this property.
Permit History
No permits have been processed for this project.
Zoning History
The subject property is located within the city limits as established in 1938 and was zoned “L” First Manufacturing District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current “I-2” Heavy Industrial District. Ordinance 2006-12-14-1441, dated December 14, 2006, rezoned the “I-2” Heavy Industrial District to the current “R-6” Single-Family Residential District.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Residential |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Residential |
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South |
“I-2 AHOD” Heavy Industrial Airport Hazard Overlay District |
Commercial |
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East |
“IDZ AHOD” Infill Development Zone Airport Hazard Overlay District with Uses Permitted in the “C-2” Commercial District and a Microbrewery |
Microbrewery |
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West |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Residential |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries Downtown Area Regional Center and is identified as “Employment/Flex Mixed Use” in the future land use component of the plan. The subject property is located within the boundaries of the Lone Star Neighborhood Association.
Street Classification
East Lachapelle 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 defined as the general health, safety, and welfare of the public. In this case, the variance is not contrary to the public interest as the applicant is proposing to construct a single-family residence on a currently underutilized lot with a dilapidated structure. The surrounding area predominately consists of single-family residential uses.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff finds that any special conditions that, if enforced, would result in an unnecessary hardship. The subject property has a square footage less than the minimum requirement, so a literal enforcement of the ordinance would create difficulty in constructing a single-family home.
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 defined as the intent of the code, rather than the exact letter of the law. The intent of the minimum lot dimensions is to create uniformity and protect the public health, safety, and welfare. In this case, the applicant will still maintain the side setback, creating enough separation from abutting properties.
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 requested variance will not permit a use not authorized within the “R-6” Single-Family 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 request to reduce the lot size does not pose a risk of substantially injuring the use of adjacent properties and does not seem likely to alter 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 finds that the limited size of the lot warrants the granting of this request. The applicant was informed of the limitations incurred by the ordinance and submitted the request for a variance prior to construction.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to the Lot and Setback Dimensions of the UDC Section 35-310.01.
Staff Recommendation
Staff recommends APPROVAL of BOA-20-10300075, based on the following findings of fact:
1. The requested variances will not detract from the character of the developing and existing residential and mixed use area, and;
2. Adequate space will be reserved for all required setbacks as required.