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Case Number: |
BOA-18-900007 |
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Applicant: |
James Griffin, Brown & Ortiz, P.C. |
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Owner: |
Key Properties |
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Council District: |
1 |
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Location: |
244 West Cevallos Street |
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Legal Description: |
Lot 13, Block 1, NCB 1011 |
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Zoning: |
“O-1 RIO-7E AHOD” Office River Improvement Overlay Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for 1) a waiver from the 12 month time limitation on subsequent applications, 2) a special exception to allow a predominately open fence to be 8’ tall along all property lines, 3) a 12’ variance from the 15’ Type B landscape bufferyard, as described in Section 35-510, along the east and south property lines to allow for a bufferyard, as described in Section 35-510, to be as narrow as 3’, and 4) a 7’ variance from the 10’ Type A landscape bufferyard as described in Section 35-510, along the north property line to allow for a bufferyard to be as narrow as 3’.
Executive Summary
The subject property is located at 244 West Cevallos Street on the intersection with Marty Street, approximately 900’ northwest of Nogalitos Street and South Flores Street. The applicant developed a parking lot with no bufferyards on the north, south, and east property lines, and built an 8’ wrought iron fence on all sides of the property.
Code Enforcement initiated this case on June of 2017 having found a vacant lot converted into a parking lot with a wrought iron fence without any permits. The applicant applied for a permit to begin concrete flatwork for on-site parking on December 22, 2017, however, the building, historical, irrigation, landscape, and tree reviews were denied within 1 month of plan submission. Specifically, landscape and tree reviews were denied pending a corrected landscape plan designating compliance of a mandatory 15’ abutting bufferyard.
The Board first heard this request on May 7th, 2018 with the following requests: 1) a 14’11” variance from the 15’ Type B landscape bufferyard, as described in Section 35-510, to allow a bufferyard to be as narrow as 1” along the east and south property lines and 2) a 9’11” variance from the 10’ Type A bufferyard requirement to allow a bufferyard to be as narrow as 1” along the north property line and 3) a special exception to allow an 8’ tall predominately open fence along all four property lines. The Board denied all requests.
The applicant has made substantial changes to the plan and is now seeking permission to provide reduced bufferyards, rather than none.
Code Enforcement History
On 6.30.2017, Code Enforcement issued citations for concrete flatwork pavement for on-site parking and wrought iron fence without permits.
Permit History
On 12.22.2017, Permits were issued for the concrete flatwork pavement for on-site parking and an incorrect permit was issued for an eight foot tall wrought iron fence surrounding the property.
The property owner is seeking a variance to allow for permits to be issued again.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“O-1 RIO-7E AHOD” Office River Improvement Overlay Airport Hazard Overlay District |
Parking Lot |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“I-2 RIO-7E AHOD” Heavy Industrial River Improvement Overlay Airport Hazard Overlay District |
Industrial |
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South |
“R-6 RIO-7E AHOD” Residential Single-Family River Improvement Overlay Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-6 RIO-7E AHOD” Residential Single-Family River Improvement Overlay Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-6 RIO-7E AHOD” Residential Single-Family River Improvement Overlay Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Lone Star Plan and is currently designated “Low Density Mixed Use” in the future land use component of the plan. The subject property is within the Collins Garden Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Cevallos Street is classified as a Local Street.
Criteria for Review
According to Section 35-482(h) of the UDC, in order for a special exception to be granted, the Board of Adjustment must find that the request meets each of the five following conditions:
A. The special exception will be in harmony with the spirit and purpose of the chapter.
The UDC states the Board of Adjustment can grant a special exception for a fence height modification up to eight feet. The additional fence height is intended to provide safety and security of the applicant’s parking lot. If granted, this request would be in harmony with the spirit and purpose of the ordinance.
B. The public welfare and convenience will be substantially served.
In this case, these criteria are represented by maximum fence heights to protect commercial property owners while still promoting a sense of community. An 8’ tall predominately open fence was built along all four property lines to provide additional security for the parking lot. This is not contrary to the public interest.
C. The neighboring property will not be substantially injured by such proposed use.
The fence will create enhanced security for the subject property and is highly unlikely to injure adjacent properties. Further, the fencing does not violate Clear Vision standards.
D. The special exception will not alter the essential character of the district and location in which the property for which the special exception is sought.
The fencing does not detract from the character of the neighborhood. The fencing is in line with other preexisting fencing material and height within the immediate vicinity.
E. The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.
The property is located within the “O-1 RIO-7E AHOD” Office River Improvement Overlay Airport Hazard Overlay District and permits the current use of a commercial use parking lot. The requested special exception will not weaken the general purpose of the district.
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 3’ bufferyards are not contrary to public interest as they do not negatively impact any surrounding properties or the general public and will alleviate concerns of separation between the uses of the adjacent properties and the subject property, as well as balancing the owner’s needs with the community. As the applicant is not requesting for the complete elimination of the bufferyards, the requests are 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 15’ bufferyard would make the use of a parking lot impossible for a lot of this size. Staff realizes that some relief is merited in this instance given the size of the lot. With the 3’ bufferyard, some separation can be enjoyed by adjacent property owners while also allowing the owner of the subject property to continue the permitting process.
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 requirements rather than the strict letter of the law. The intent of the bufferyards is to reduce conflicts between adjacent land uses as well as maintain landscaping. In this case, the proposed bufferyards will adhere to the spirit of the ordinance and substantial justice will be done by allowing redevelopment of the vacant property to continue.
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 zoning 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 introduction of the 3’ bufferyards along the north, south, and east property lines would alleviate concerns of separation between land uses and elimination of landscaping that is essential within the 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 plight of the owner for which the variance is sought is due to the owner rehabilitating a vacant lot with a narrow configuration preventing full use of the property for secure parking. The 3’ bufferyards provide some screening of the subject property and adjacent neighboring properties as well as enhance the landscaping of the district.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required bufferyards set forth in Section 35-510.
Staff Recommendation
Staff recommends APPROVAL of the requested special exception for an 8’ tall wrought iron fence on all property sides in BOA-18-900007, based on the following findings of fact:
1. The request does not alter the essential character of the district, and;
2. The request does not interfere with Clear Vision standards.
Staff recommends APPROVAL of the variance in BOA-18-900007, based on the following findings of fact:
1. The requests do not negatively impact surrounding property owners and significantly improves the appearance of the site; and
2. The proposed plan increases the bufferyards and plantings surrounding the property.