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Case Number: |
A-17-143 |
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Applicant: |
Brundage Mini Storage # 3, LTD |
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Owner: |
Brundage Mini Storage # 3, LTD |
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Council District: |
9 |
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Location: |
1523 E. Sonterra Boulevard |
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Legal Description: |
Lot 4, Block 54, NCB 19221 |
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Zoning: |
“C-3 MLOD ERZD” General Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
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Case Manager: |
Oscar Aguilera, Planner |
Request
A variance request to eliminate the required 15 foot Type B bufferyard requirement along the eastern property line, as described in Section 35-510.
Executive Summary
The applicant is seeking a variance to allow the construction of a commercial mini-storage building within a portion of the required 15 feet landscape bufferyard adjacent to US Highway 281. The property is 1.6220 acres in size and it has irregular configuration that makes the property difficult to develop. The property is currently vacant and the applicant has not initiated the construction of the proposed mini-storage. The applicant has made an agreement with TxDOT to allow a 15 feet landscape installation in TxDOT right-of-way, immediately adjacent to the property.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“C-3 MLOD-1 ERZD” General Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
Vacant |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“C-3 MLOD-1 ERZD” General Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
Electrical Easement |
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South |
“C-3 MLOD-1 ERZD” General Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
ROW, Vacant Land |
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East |
“C-3 MLOD-1 ERZD” General Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
ROW |
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West |
“C-3 MLOD-1 ERZD” General Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
Power Station |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the North Sector Plan and currently designated as Regional Center in the future land use component of the plan. The subject property is not located within the boundaries of a 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 the quantity of plantings required in a bufferyard to separate incompatible uses. The 15 feet buffer will be provided within the subject property along the northeastern half of the property and the applicant will not provide the 15 feet buffer requirement for the southeastern half of the property. However, the applicant has a made an agreement with TxDOT to allow and maintain a 15 feet landscape installation in between the subject property line and US Highway 281 Access Road edge of pavement. There is also an approximately 75 foot natural area between the access road that provides further separation. Therefore, the bufferyard variance is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Literal enforcement of the prescriptive planting scheme would likely result in an unnecessary hardship. The applicant has presented a landscape plan along with a TxDOT agreement to maintain a landscaped bufferyard on TxDOT right-of-way. In addition, the property has irregular configuration that makes the property difficult to develop; there is an existing 16 foot drainage easement along the western property line, a ten foot electric overhang easement, and a ten foot water easement along a portion of the eastern property line.
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 Code, rather than the strict letter of the law. In this case, bufferyard intent is accomplished by a natural 75 foot wide natural green buffer area between the properly line and the highway’s pavement. In addition the applicant has an agreement to provide the 15 foot landscape buffer along the property line adjacent to US Highway 281, which meets the spirit of the ordinance.
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 variances will not authorize the operation of a use on the subject property other than those specifically permitted in the “C-3 MLOD-1 ERZD” General Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone 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 proposed landscape plan for the complex shows compliance with every other aspect of the requirements. The requested variance to eliminate the bufferyard along US Highway 281 will be unnoticeable to the surrounding 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 unique circumstances are the property’s irregular shape, the existing easements, and the required 15 foot bufferyard make development difficult.
Alternative to Applicant’s Request
The applicant would have to provide the required 15 foot Type B bufferyard as described in the UDC Section 35-510.
Staff Recommendation
Staff recommends APPROVAL of the requested bufferyard variance, detailed in A-17-143 based on the following findings of fact:
1. The intent of the bufferyard is to mitigate impacts; the applicant’s alternatives satisfies this need; and
2. The applicant has an agreement with TxDOT to provide and maintain the required the required 15 foot Type B bufferyard along the eastern property line.