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Case Number: |
BOA-20-10300116 |
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Applicant: |
Jennifer Pfang |
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Owner: |
Jennifer Pfang |
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Council District: |
2 |
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Location: |
54 Kansas Street |
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Legal Description: |
Lot N 54.9 FT of Lot 14 & N 54.9 FT of Lot W 26.04 FT of Lot 13, Block 12, NCB 608 |
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Zoning: |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
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Case Manager: |
Kayla Leal, Senior Planner |
Request
A request for 1) a 5’ variance to the minimum 10’ front and rear setback, as described in Section 35-310.01, to allow a structure to be 5’ away from the front and rear setback lines and 2) a 2’ variance to the minimum 5’ side setback requirements, as described in Section 35-310.01, to allow a structure to be 3’ away from the side property lines.
Executive Summary
The subject property is located east of the Alamodome, mid-block on Kansas Street. The applicant is requesting variances to all four setback requirements including the front, sides, and rear. The lot is currently vacant, and the applicant is proposing to build a new single-family dwelling. With the shallow depth of the lot, the applicant is requesting to build the structure 2’ into the side setbacks and 5’ into the front and rear setbacks. The applicant is aware of next steps in the development process to address any street improvements and fire access.
Code Enforcement History
There are no open code enforcement cases related to this subject property.
Permit History
There are no relevant permits pulled for the property.
Zoning History
The subject property was in the Original City Limits of San Antonio and was zoned “D” Apartment District. The zoning changed from “D” to “R-2” Two Family Residence District on December 16, 1993, established by Ordinance 79329. The zoning converted from “R-2” to the current “RM-4” Residential Mixed District upon adoption of the 2001 Unified Development Code (Ordinance 93881, dated May 3, 2001).
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“RM-4 AHOD” Residential Mixed 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 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
Vacant Lot |
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South |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single family residential |
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East |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Vacant Lot |
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West |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single family residential |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is in the Downtown Neighborhood Plan and is designated “Residential” in the future land use component of the plan. The subject property is located within the Alamodome Gardens Neighborhood Association, and they have been notified of this case.
Street Classification
Kansas Street is classified as a Local Road.
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 variance requested for the side, front, and rear setbacks. The applicant is proposing to construct a single-family residence to encroach 5’ into the front and rear setback and 2’ into the side setbacks.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff finds that any special conditions that, if enforced, would result in an unnecessary hardship. The lot is currently vacant and is oddly shaped, which would result in a smaller footprint of the proposed home.
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 defined as the intent of the code, rather than the exact letter of the law. The intent of the setbacks is to provide spacing between neighboring structures. The applicant will still maintain some space between structures with a 2’ variance to the sides and a 5’ variance to the front and rear.
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.
No uses other than those allowed within the district will be allowed with this variance.
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 request to reduce all setbacks does not pose a risk of substantially injuring the use of adjacent properties and does not seem likely to alter the essential character of 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.
Staff finds that the applicant is requesting the variance to build a new single-family residence on the subject property. The unique circumstances existing on the property were not created by the owner of the property and are not merely financial.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to the Lot & Setback Dimensions of the UDC Sections 35-310.01.
Staff Recommendation
Staff recommends Approval in BOA-20-10300116 based on the following findings of fact:
1. The proposed single-family structure will be 3’ from the side property lines; and
2. The proposed single-family structure will be 5’ from the front and rear property lines.