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Case Number: |
A-18-134 |
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Applicant: |
Oscar Mendoza |
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Owner: |
Oscar Mendoza |
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Council District: |
5 |
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Location: |
202 Pendleton Avenue |
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Legal Description: |
The North 83 feet of Lots 302-304, NCB 6184 |
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Zoning: |
“MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for 1) a 1,925 square foot variance from the minimum 4,000 square foot lot size, as described in section 35-310.01, to allow a lot size to be 2,075 square feet, and 2) for a 10’ variance from the 20’ rear setback, as described in section 35-310.01, to allow a home to be 10’ from the rear property line.
Executive Summary
The subject property is located at 202 Pendleton Avenue east of South Brazos Street, and includes a 6,225 square foot lot area. The corner lot is currently vacant and cannot be expanded as the surrounding properties are already developed. The applicant is seeking a variance to reduce the minimum lot size by 2,075 to build 3 new detached single-family dwellings. The lots each qualify as nonconforming lot of record in that they have been in this configuration since before the adoption of the 2001 Unified Development Code and its associated minimum lot sizes.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
Vacant Lot |
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 within the boundaries of the Nogalitos/South Zarzamora Community Plan and is designated for Medium Density Residential uses in the future land use component of the plan. The subject property is also located within the boundaries of the Collins Garden Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Pendleton Avenue 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 public interest is defined as the general health, safety, and welfare of the public. In this case, the public interest is represented by minimum lot sizes that provide for consistent development within the neighborhood. The “MF-33” Multi-Family District is intended for dwelling density uses of 33 units per acre. The setback reduction will provide room for maintenance without trespass and accessibility to light air and open space. The proposed project of detached single-family dwelling meets the intentions of the zoning district and is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The literal enforcement of the ordinance would not allow the owner of the property to develop the lot as intended. The subject property cannot be expanded as the surrounding lots are already developed. The property is currently vacant and not platted and the property owner is trying to secure a plat exception to allow for the development of the lot. A variance to the lot size is required to complete this process.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the request will result in substantial justice, because the proposed development of detached single-family dwellings advances the efforts of the zoning designation. The variance will promote infill development on this lot.
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 variance will not authorize the operation of a use other than those uses specifically authorized in the “MF-33 AHOD” Multi-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.
The surrounding single-family dwellings will not be injured by granting the variance, because the lot size will not create incompatible development, nor will it detract from the character of the community. The character of the surrounding neighborhood will not be altered and the proposed development will be cohesive with the existing pattern of development within the neighborhood.
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 condition present is that the lot has never been platted and in order to construct on the property there must be a plat exception approved. A plat exception cannot be approved unless a variance is granted to allow for a smaller lot size to develop single-family dwelling units.
Alternative to Applicant’s Request
Denial of the requested variance would result in the applicant not being able to develop on this parcel.
Staff Recommendation
Staff recommends APPROVAL of the variance in A-18-134 based on the following findings of fact:
1. The property is not platted and cannot be expanded. This is of no fault of the owner, and;
2. The surrounding single-family dwellings are unlikely to be negatively affected by the requested variances, nor will this request alter the essential character of the district.