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Case Number: |
BOA-20-10300129 |
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Applicant: |
Emilie Weissler |
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Owner: |
MBC Ventures |
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Council District: |
10 |
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Location: |
119 Northridge Drive |
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Legal Description: |
Lot 33, Block 9, NCB 10409 |
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Zoning: |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
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Case Manager: |
Azadeh Sagheb, Planner |
Request
A request a 1’8” variance from the 20’ minimum rear setback, as described in Section 35-310.01 to allow the building to be 18’4” away from the rear property line.
Executive Summary
The subject property is located at Northridge Drive, 340 feet away from the Alamo Height Junior High school and consists of 9,100 square feet. The vast majority of the properties within the Northridge Community benefited from rear alleyways and encroached the 20 feet minimum rear setback requirement as a result of utilizing half the alleyway as credit towards a rear setback. The subject property is one of a few blocks that abut private properties with utility easements, requiring a variance to encroach into the rear setback. The applicant added an additional living extension to the existing residential building. The applicant stated a minor miscalculation occurred during the construction that caused the addition to encroach onto the 20 feet rear setback.
Code Enforcement History
There were some code violation records related to full home remodeling without obtaining an appropriate permit that was resolved.
Permit History
Building, Mechanical and Plumbing permits have been pulled for the subject property.
Clear Vision Review
A review of Clear Vision is not required for this request.
Zoning History
The property was annexed into the City of San Antonio by Ordinance 3178, dated December 29, 1946 and was originally zoned as “A” Single-Family Residence District. The subject property was converted to “R-5” Residential Single-Family District with the adoption of the 2001 Unified Development Code (UDC), established by Ordinance 93881, on May 3, 2001. The Property rezoned by Ordinance 2006-06-15-0728, dated June 15, 2006 to the current “NP-8” Neighborhood Preservation District.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Residential |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Residential |
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South |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Residential |
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East |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Residential |
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West |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Residential |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is located within the Northeast Inner Loop plan and is designated as “Low-Density Residential” in the future land use component of the plan. The subject property is within the boundaries of the Oak Park-Northwood Neighborhood Association who were notified about the request and provided with the opportunity to comment.
Street Classification
Northridge Drive 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 variance as requested is strictly limited to the subject property and bears no influence, hindrance, or effect on the general well-being of the surrounding community. Additionally, the variance will not cause any disruption to the privacy or enjoyment of the neighboring residential lots as a majority of homes within this subdivision sit equal distance or closer to the setback, which has no impact on the most immediate neighboring properties. Therefore, granting the variance would not be contrary to the public interest nor egregiously impact the community.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The requested variance is not contrary to the public interest and does not negatively impact any of the surrounding residents or uses. A literal enforcement of the 20’ rear setback requirement triggers undue hardship on the Property Owner as they would have to demolish part of the home that has been already constructed.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The requested variance does not ignore the spirit of the ordinance, or the characteristics of the Northridge Park community. Granting of this variance does not negatively impact the aesthetic value of surrounding properties.
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 requested variances will not permit a use not authorized within the district it is located in.
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 requested variance to reduce the rear setback would not substantially injure or alter the use or character of adjacent conforming property or character of the district. The variance would not place the structure out of character within the community.
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 existing on the property are neither due to the general conditions of the district, nor due to the owner, and is not financial in nature. The plight of the property owner is due to the unique and extenuating character of the subject property’s physical attributes in relation to every other home within the community.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to setbacks set forth in the Unified Development Code, Section 35-310.01
Staff Recommendation
Staff recommends APPROVAL of BOA-20-10300129, based on the following findings of fact:
1. The requested variance will not negatively impact the aesthetic value of the neighborhood, and;
2. Adequate space still will be utilized to prevent stormwater runoff, maintenance of property, and maintenance of the structure without trespass, and;
3. Granting the request will help to continue the reduced setback in the community as a whole.