Case Number: |
A-15-068 |
Applicant: |
Roberto Gallardo |
Owner: |
Roberto Gallardo |
Council District: |
5 |
Location: |
4939 Fortuna Street |
Legal Description: |
Lot 20, Block 4, NCB 7444 |
Zoning: |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Prepared By: |
Logan Sparrow, Planner |
Request
A request for 1) a four and a half foot variance from the five foot side setback requirement, as detailed in Table 35-310-1, to allow a carport with an eave overhang that is six inches from the side property line and 2) a seven foot variance from the ten foot front setback requirement, as detailed in Table 35-310-1, to allow the carport three feet from front property line and 3) a one foot variance from the four foot predominately open front yard fence height as described in Section 35-514 (d) to allow a five foot tall wrought iron fence in the front yard of the property.
Executive Summary
The subject property is located at 4939 Fortuna Drive, approximately 100 feet east of Fortuna Place. The applicant constructed a wood carport, without a permit, and the eave overhang is located within six inches of the side property line. As the carport is attached to the dwelling, it also has to comply with the ten foot front building setback line triggered by the "R-5" Residential Single-Family base zoning district. Lastly, the applicant constructed a five foot tall wrought-iron fence in the front yard of the property. As such, this requires a one foot variance from the four foot height limitation to remain. A total of three variances are requested.
Subject Property Zoning/Land Use
Existing Zoning |
Existing Use |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
Orientation |
Existing Zoning District(s) |
Existing Use |
North |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
South |
"R-6 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
East |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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 neighborhood plan. The subject property is not located within the boundaries of any 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, these criteria are represented by fence height limitations to protect property owners, and also to maintain a sense of community throughout San Antonio neighborhoods. The requested fence height variance does not conflict with the public interest in that many homes within this community have similar fencing. Also, the public interest is represented by setback requirements to reduce the threat of fire and to provide equal access to air and light. Staff finds that having a wooden structure only six inches from the side property line does restrict air and light to the neighboring property and also creates conditions by which fire could more rapidly spread. Staff finds that the first and second variance requests are contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff is unable to determine any special conditions present on the subject property to grant variances to the side and front setback requirements. Had the applicant have applied for a building permit, the setback issued could have been addressed prior to the construction of the carport. The applicant has also built the structure in a platted, ten foot front building setback line. The applicant is aware that, should the Board grant the requested front yard setback variance, that they will be required to initiate a minor plat amendment to remove the platted building setback line.
Staff does, however, find that, as so many adjacent properties have similar front yard fencing, denying the applicant's request for a five foot tall fence may result in an unnecessary hardship.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested variance would not result in substantial justice. Considering the requested six inch side setback that would remain should the variance be granted, the owner of the property may have to trespass onto adjacent property to maintain the structure. Additionally, as a result of its wood construction, the structure poses an increased risk of fire spreading to adjacent properties. Staff finds that the first and second variance requests will not result in substantial justice.
Staff does find that, because they are very common within the community, that granting the request for a five foot tall wrought-iron fence will result in substantial justice.
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.
It is likely that granting the requested variance could harm adjacent properties as the request nearly eliminates the setback designed to protect adjacent properties. To maintain the structure, the applicant, or future owner, would have to trespass onto the neighbor's yard to maintain the carport. Additionally, as the carport is of a wooden build material, the carport also introduces a heightened fire threat.
Staff finds that the requested five foot tall, wrought-iron fence does not appear to substantially injure adjacent 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.
Staff is unable to determine any unique circumstance present on the subject property to warrant the near elimination of the side yard setback, nor the front. The variance is requested as the carport was built without a building permit. As such, the plight of the owner was caused by the owner of the property.
As many properties throughout the community have similar fencing, staff finds that granting the requested five foot tall wrought-iron fence is appropriate.
Alternative to Applicant's Request
The applicant needs to remove two feet of the carport to allow adequate room for maintenance of the structure, and maintain the structure at least five feet from the front property line.
Staff Recommendation
Staff recommends DENIAL of the first and second variances in A-15-068 based on the following findings of fact:
1. |
The existing carport requires trespass to maintain; |
2. |
The existing carport compromises fair and equal access to air and light and poses an increased fire risk. |
Staff recommends APPROVAL of the fence variance in A-15-068 based on the following findings of fact:
1. Front yard wrought iron fences are very common in this neighborhood.