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Case Number: |
A-18-136 |
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Applicant: |
Fernando Morales |
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Owner: |
James Duerr and Pamela Duerr |
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Council District: |
1 |
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Location: |
407 Cedar Street |
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Legal Description: |
Lot 2, Block 3, NCB 2968 |
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Zoning: |
“RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
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Case Manager: |
Dominic Silva, Planner |
Request
A request for 1) a 4’ variance from the required 5’ rear setback, as described in Section 35-370, to allow a detached garage to be 1’ away from the rear property line and 2) a 2’ variance from the 5’ side setback requirement, also described in Section 35-370, to allow a detached garage to be 3’ from the side property line.
Executive Summary
The subject property is located at 407 Cedar Street, 132’ south of Stieren Street. The applicant requests two variances to allow the reconstruction of a garage that is currently dilapidated and unusable. The new garage will be in the same footprint as the current one. Bexar County Appraisal lists the detached garage as constructed in 1975.
As the property is located within the King William Historic District, the applicant did successfully apply for a Certificate of Appropriateness with the Historic Design Review Commission. HDRC approved the request. The applicant’s property is located within a district known for rear property detached garages and rehabilitated primary and accessory structures. The applicant intends to follow all HDRC stipulations during the reconstruction of the detached garage.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“RM-4 H AHOD” Residential Mixed King William Historic 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 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is within the boundaries of the Downtown Plan and is currently designated Residential in the future land use component of the plan. The subject property is located within the King William Neighborhood Association. As such they were notified and asked to comment.
Street Classification
Cedar 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 reconstruction of the garage is not contrary to public interest as it does not negatively impact any surrounding properties or the general public. The garage is bounded by thick foliage and mature bamboo trees and is located within the rear of the property out of sight from passersby. Further, the detached garage has been in place since 1975 with no complaints.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
As the structure was built in 1975, the structure has dilapidated considerably and sits unusable. The applicant intends to reconstruct the garage within the same footprint and will follow all Historic Design Review Commission stipulations.
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 requirement rather than the strict letter of the law. The proposed garage reconstruction is not overwhelming in size compared to the principal structure and will follow the same footprint as the previous garage built in 1975.
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 “RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay.
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 property is located in a district characterized by rehabilitated historic structures, thus the proposed reconstruction of the current garage will not injure the appropriate use of adjacent conforming properties or alter the 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.
The variance being sought is due to the age of the structure and the dilapidated condition it currently sits. Having been built in 1975, the reconstruction of the detached garage will follow the character of the district and overall enhance the property and fabric of the Historic neighborhood.
Alternative to Applicant’s Request
The alternative to the applicant’s request would be to adhere to the accessory structure setback regulations in section 35-370.
Staff Recommendation
Staff recommends APPROVAL of the variance requests in A-18-136 based on the following findings of fact:
1. The detached garage has been in place since 1975 with no complaints; the proposed reconstruction of the garage will follow the same footprint as the current structure, and;
2. The requested variance will not detract from the character of the historic district.