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Case Number: |
A-17-136 |
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Applicant: |
Kerwin McClain |
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Owner: |
Kerwin and Kathryn McClain |
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Council District: |
3 |
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Location: |
402 Wimberly Boulevard |
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Legal Description: |
Lot 50, Block 3, NCB 13093 |
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Zoning: |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Shepard Beamon, Senior Planner |
Request
A request for 1) a 10 foot variance from the 15 foot platted side setback, as described in Table 35-310.01, to allow a 5 foot side setback and 2) a nine foot variance from the 20 foot rear setback, as described in Table 35-310.01, to allow a carport with an eleven foot rear setback.
Executive Summary
The applicant is seeking a variance from both the rear and side setbacks to allow for the construction of a carport. The property sits on a corner lot in the Kingsborough Ridge Subdivision, and includes a 15 foot platted side setback. The property also abuts a 16 foot wide alley along the rear property line. The owner wishes to construct a carport in the southwest corner of the lot. If constructed, the carport will encroach into the 15 foot platted side setback by five feet. The carport will also be three feet from the rear property; however, the required rear setback for the “R-4” zoning district is 20 feet. Since there is a 16 foot alley in the rear, up to half the width of the alley, which in this case is eight feet, can be used towards the rear setback, effectively creating an eleven foot rear setback.
Subject Property Zoning/Land Use
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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 Stinson Airport Vicinity Land Use Plan and designated for Low Density Residential uses in the future land use component of the plan. The subject property is not located within the boundaries of a registered Neighborhood Association.
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 adequate setbacks to preserve an open streetscape setback and to allow maintenance of the rear yard without trespass. As the proposed carport satisfies these principles, the requested variances are not contrary to public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Literal enforcement of the ordinance would require that the property owner amend the plat to remove the building setback line and locate the carport elsewhere on the property, which would result in an unnecessary hardship.
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 Code is to provide a minimum setback to establish safe and uniform development for the City of San Antonio. As the request will meet the City’s established five foot side setback and does not interfere with Clear Vision along the alley, the spirit of the ordinance is upheld.
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 “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 applicant is requesting variances to allow the construction of a carport. If the requested variances are approved, the carport will not alter the character of the district, which has seen the addition of several carports over the years. Further, as the requested carport abuts an alley and is located on a corner lot, the request does not directly affect neighboring properties.
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 plight of the owner is not financial and was created over 50 years ago when the subdivision was platted in 1959. More recently, weather abnormalities have increased the desire to have protection for vehicles, which is not the fault of the owner.
Alternative to Applicant’s Request
The applicant could amend the plat and construct the carport to meet the 20 foot rear setback.
Staff Recommendation
Staff recommends APPROVAL of the requested variance in A-17-136 based on the following findings of fact:
1. The platted side setback was created over 50 years ago; and
2. Weather abnormalities have created a need for vehicle coverage; and
3. Carports are common in the district; and
4. The carport will not interfere with Clear Vision.