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Case Number: |
A-18-089 |
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Applicant: |
Robert Belden |
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Owner: |
Joseph Gamez |
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Council District: |
1 |
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Location: |
170 Hermine Boulevard |
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Legal Description: |
Lot 5 & 6, Block 13, NCB 9007 |
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Zoning: |
“R-4 H AHOD” Residential Single-Family Olmos Park Terrace Historic Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for 4’ variance from the 5’ side setback, as described in Section 35-310.01, to allow an addition to be 1’ from the side property line.
Executive Summary
The subject property is at 170 Hermine Boulevard located approximately 160 feet east of Howard Street. The applicant is requesting a variance to maintain a 1’ side property line to allow for an addition to an existing single story residence. The owner made exterior modifications and built the addition without the required building permits and received a stop work order from Code Enforcement on February 13, 2018. On March 21, 2018 the Historic and Design Review Commission considered the requests and recommended approval.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-4 H AHOD” Residential Single-Family Olmos Park Terrace Historic 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 H AHOD” Residential Single-Family Olmos Park Terrace Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-4 H AHOD” Residential Single-Family Olmos Park Terrace Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-4 H AHOD” Residential Single-Family Olmos Park Terrace Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-4 H AHOD” Residential Single-Family Olmos Park Terrace Historic Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the North Central Community Plan and currently designated as Low Density Residential in the future land use component of the plan. The subject property is within the Olmos Park Terrace Neighborhood Association. As such, they were 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 existing structure is 1 foot from the side property line and the addition aligns with the existing footprint. Staff finds the request is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
A literal enforcement of the ordinance would result in unnecessary hardship by requiring the entire structure, including the addition, be moved to meet the setback.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The intent of side setbacks is to create an open area without crowding of structures and to establish uniform development standards to protect the rights of property owners. The addition will not significantly disrupt uniformity and will not injure the rights of adjacent property owners.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the district in which the request for a variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized in the “R-4 H AHOD” Residential Single-Family Olmos Park Terrace Historic 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 addition will not detract from the neighborhood as the addition will not deviate from the existing side setback and further, the rear addition is unlikely to go noticed. Specifically, the variance would not place the structures 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 circumstance in this case is the dwelling original layout on the lot which restricts the owner’s ability to construct any addition without encroaching into the side setback following the existing alignment.
Alternative to Applicant’s Request
The alternative to the applicant’s plan would be to comply with the side building setbacks as defined within Section 35-310.01.
Staff Recommendation
Staff recommends APPROVAL of the variance in A-18-089, based on the following findings of fact:
1. The request does not negatively impact surrounding property owners and does not significantly alter the appearance of the district; and
2. The proposed addition maintains the existing setback.