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Case Number: |
A-18-153 |
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Applicant: |
Rosalba Rojas |
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Owner: |
Rosalba Rojas |
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Council District: |
5 |
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Location: |
2012 Guadalupe Street |
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Legal Description: |
Lot 7, Block 1, NCB 6111 |
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Zoning: |
“C-2 MLOD-2 MLR-2 AHOD” Commercial Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for a 10’ variance from the 20’ rear setback, as described in section 35-310.01, to allow a house to be built 10’ from the rear property line.
Executive Summary
The subject property is located at 2012 Guadalupe Street, west of South Cibolo Street, and includes a 1,850 square foot lot area. The subject property is currently zoned “C-2” which was converted from the previous zoning of “B-2” which allowed for residential uses. A single-family dwelling can be built on this lot and would have to adhere to the R-4 Residential Single-Family setback requirements. The owner intends to develop the vacant property and is seeking to reduce the rear setback due to the small size of the lot. The block has some commercial parcels, a few residential units, but is mostly vacant land.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“C-2 MLOD-2 MLR-2 AHOD” Commercial Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Vacant Lot |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“C-2 MLOD-2 MLR-2 AHOD” Commercial Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Vacant Lot |
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South |
“R-4 MLOD-2 MLR-2 AHOD” Residential Single-Family Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Vacant Lot |
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East |
“C-2 MLOD-2 MLR-2 AHOD” Commercial Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Vacant Lot |
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West |
“C-2 MLOD-2 MLR-2 AHOD” Commercial Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Vacant Lot |
Street Classification
Guadalupe Street is classified as a Minor Street.
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Guadalupe Westside Community Plan and is designated Medium Density Residential in the future land use component of the plan. The subject property is also located within the boundaries of the Avenida Guadalupe Community Association. As such, they were 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 represented by setbacks to provide separation between incompatible uses and to ensure fair and equal access to air and light. The proposed living space meets the five foot side setback requirements. The ten foot rear setback will be in harmony with the neighboring residential properties. 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.
The special condition in this case is that the lot is only 1,850 square feet in area and the applicant is seeking to reduce the rear setback requirement. Staff finds that a literal enforcement of the ordinance would result in unnecessary hardship.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the request will result in substantial justice, because the proposed development of detached single-family dwellings advances the efforts of the zoning designation. The variance will promote infill development on this lot.
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 in the “C-2 MLOD-2 MLR-2 AHOD” Commercial Lackland Military Lighting Overlay Military Lighting Region 2 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.
As the proposed construction will provide a ten foot rear setback and the adjacent rear lot is vacant, it is unlikely that adjacent property will be harmed by the proposed development. There are several zoning districts that permit a 10’ rear setback.
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 the case is the small lot size that forces the applicant to reduce the rear setback to accommodate the structure. This setback issue is not merely financial in nature.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required 20 foot rear setback.
Staff Recommendation
Staff recommends APPROVAL of the variance in A-18-153 based on the following findings of fact:
1. The variance is unlikely to harm adjacent properties, and;
2. The proposed structure will meet all other setback requirements.