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Case Number: |
A-16-128 |
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Applicant: |
Alicia Avila |
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Owner: |
Alicia Avila |
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Council District: |
5 |
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Location: |
3506 Morales Street |
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Legal Description: |
Lot 5, Block 54, NCB 3653 |
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Zoning: |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Shepard Beamon, Planner |
Request
A request for a five foot variance from the required 20 foot rear setback, as described in Section 35-310.01, to allow a dwelling to have a 15 foot rear setback.
Executive Summary
The subject property is located at 3506 Morales Street, approximately 50 feet west of NW 23rd Street. The property was formerly zoned “B” Duplex District, and in 2001, upon the adoption of the 2001 Unified Development Code, converted to the current “R-4” Residential Single-Family District. Section 35-D101(j) allows two dwelling units on properties that converted from “B” district to “R-4” district. The applicant is seeking to convert an existing structure into a dwelling unit and construct an addition to it. The design meets the side setbacks, but is located five feet from the rear property line. The property has an alley behind it and the Unified Development Code allows one half the depth of the alley to count towards the rear setback. The alley is 20 feet wide. As such, between the five foot rear setback, and ten feet of the alley, the proposed design has a 15 foot rear setback, and requires a five foot variance.
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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 not within the boundaries of any future land use plan. The subject property is located within the boundaries of the Prospect Hill Neighborhood Association. As such, the neighborhood association was 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 defined as the general health, safety, and welfare of the public. In this case, the public interest is represented by minimum setbacks that help to establish uniform and safe development within the City of San Antonio. Because the applicant is able to count half the depth of the alley towards the rear setback requirement, the applicant only needs a five foot reduction in the rear setback to permit the addition. Some single-family residential zoning districts allow for as little as ten foot rear setbacks. Staff finds that this slight deviation from the requirement is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The applicant wishes to convert an existing structure into a dwelling unit, with an addition to it. The existing accessory structure has been located in that place for years and it is unlikely that allowing the conversion will cause any harm. A literal enforcement of the ordinance would result in the applicant having to establish an alternative design.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested variance will result in substantial justice in that the property owner will be able to build the addition while adhering to the intent of the ordinance. The addition will be built to code and meet all fire requirements. Additionally, the addition does not encroach into any side yard setback.
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 variance will not authorize the operation of a use on the subject property other than those specifically permitted 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.
Adjacent properties are unlikely to be negatively affected by the requested changes in that the proposed carport design meets the side 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 plight of the owner of the property is that they are converting a structure into a dwelling unit. The structure alone meets the five foot rear setback, but the conversion into a dwelling unit triggers a 20 foot rear setback. Further, the applicant is only seeking a five foot variance.
Alternative to Applicant’s Request
The applicant would have to comply with the 20 foot rear setback.
Staff Recommendation
Staff recommends APPROVAL of A-16-128 based on the following findings of fact:
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1. |
The structure does not encroach into any side setback where it could harm adjacent property owners. |
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2. |
The design requires only a five foot deviation from the requirement. |