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Case Number: |
A-16-023 |
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Applicant: |
Joe E. Guillaumin |
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Owner: |
Ester Ann Baylor |
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Council District: |
7 |
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Location: |
231 Chesswood Drive |
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Legal Description: |
Lot 141, Block 39, NCB 19215 |
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Zoning: |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Kristin Flores, Planner |
Request
A request for 1) a 1.5 foot variance from the minimum 5 foot side setback, as described in Section 35-310.01, to allow a carport 3.5 feet from the side property line & 2) a 10 foot variance from the minimum front setback, as described in Section 35-310.01, to allow a carport on the front property line.
Executive Summary
The subject property is located in Near Northwest Neighborhood. The applicant states she has personally experienced crime at her home. In response, the applicant widened the driveway and curb cut to accommodate onsite parking for her cars. Additionally, a carport was built to shield cars from adverse weather. The applicant did not pull permits for this construction and was cited by code. Per the site plan provided, the carport is approximately 32 feet long and is built on the front property line. The applicant is requesting to keep the carport as she states it increases security and provides protection for her vehicles in the case of adverse weather.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-5 AHOD” Residential Single-Family 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-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Near Northwest Community Plan and currently designated Low Density Residential in the future land use component of the plan. The subject property is not located within a 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, the public interest is represented by front setback limitations to protect property owners and to contribute to a sense of community. Staff finds the carport encroaching into the side setback is not contrary to the public interest. The applicant has taken measures to address water mitigation and will meet fire standards, if approved.
Staff finds that the request for a carport encroaching into the front setback is contrary to the public interest. No similar carports were found in the neighborhood. Additionally, if the carport, approximately 32 feet long, were to abide by UDC regulations there would be adequate space for two cars to park under the carport.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff was not able to find a special condition that would permit the property owner to encroach within the front setback. The carport has more than the required space to accommodate two cars side by side. If the applicant pulled permits before constructing a carport she would have been informed of property building setbacks.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested variance will not result in substantial justice as no special condition is present.
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-5 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.
Staff finds the carport encroaching into the side setback is not likely to injure adjacent properties as there is adequate space to maintenance without trespass and the water runoff has been mitigated by the applicant.
However, staff finds that a carport within the front setback is out of character with the essential character of the community. Many carports are present throughout the community, but staff did not note any carports which encroached into the required front setbacks.
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 was unable to find a unique circumstance that would permit the applicant to encroach into the front setback. Had the applicant sought permits the setbacks could have been explained.
Alternative to Applicant’s Request
The applicant could follow the guidelines for front and side setbacks, as described in 35-310.01.
Staff Recommendation
Staff recommends APPROVAL of a request for a 1.5 foot to allow a carport 3.5 feet from the side property line in A-16-023 based on the following findings of fact:
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1. The carport is not likely increase fire risk or water runoff to adjacent properties. |
Staff recommends DENIAL of a request for a 10 foot variance from the minimum front setback to allow a carport on the front property line in A-16-023 based on the following findings of fact:
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1. Staff was unable to find a special or unique condition which would permit the applicant to encroach into the front or side setback; 2. A built carport built on the front property line is out of character with the community. |