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Case Number: |
BOA-20-10300118 |
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Applicant: |
Vaquero Ventures |
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Owner: |
Vaquero Greenbrier Partners, LP |
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Council District: |
10 |
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Location: |
8342 and 8337 Broadway Street |
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Legal Description: |
Lot 47 & 48, NCB 11875 |
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Zoning: |
“C-3 AHOD” Commercial Airport Hazard Overlay District |
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Case Manager: |
Azadeh Sagheb, Planner |
Request
A request for a 10’ variance from the 15’ Type C bufferyard, as described in Section 35-510, to allow the east bufferyard to be 5’ wide.
Executive Summary
The subject property consists of two lots, on Broadway at the Southwest corner of the Greenbrier intersection. The property currently has two commercial structures that the property owner will be redeveloping. The property owner is proposing to demo and develop a new Fuel Station with fuel bays. The neighboring properties are an apartment complex and other commercial uses.
The applicant applied for and received a rear setback variance during the December 16, 2019 Board of Adjustment hearing cycle (BOA-20-10300148). Due to the parking requirements, fuel station with fuel bars, and drive approaches on Greenbrier and Broadway, the applicant is requesting an additional variance to the east bufferyard to allow greater flexibility in redevelopment. The subject property was recently replatted.
This zoning variance request includes the intention to demolish buildings. In accordance with the San Antonio City Unified Development Code, the Office of Historic Preservation reviews all demolition applications for any property located within the city limits of San Antonio. The applications for 8338 and for 8342 Broadway were reviewed and approved on January 16, 2020.
Code Enforcement History
No code enforcement history exists on this property.
Permit History
No permits have been processed for this property.
Clear Vision Review
A review of Clear Vision is not required.
Zoning History
The subject property was annexed into the City of San Antonio on September 25, 1952 by Ordinance 18115 as “B-3” Business District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May 03, 2001, the property zoned “B-3” Business District converted to the current “C-3” Commercial District.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“C-3 AHOD” General Commercial Airport Hazard Overlay District |
Convenience Store and Fuel Station |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Restaurant |
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South |
“C-3 AHOD” General Commercial Airport Hazard Overlay District |
Oil Change Business |
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East |
“MF-33 AHOD” Multifamily Airport Hazard Overlay District |
Apartments |
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West |
“I-1 AHOD” General Industrial Airport Hazard Overlay District “C-3 AHOD” General Commercial Airport Hazard Overlay District |
Restaurants Auto Dealer |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is in the Northeast Inner Loop Neighborhood Plan and is designated as “Neighborhood Commercial” within the future land use element of that plan. The property is in the boundaries of the Oak Park-Northwood Neighborhood Association who were notified about the request and provided with the opportunity to comment.
Street Classification
Broadway is classified as a secondary arterial type B. Greenbriar is classified as a local.
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 requested reduction of the eastern bufferyard is not contrary to public interest as it does not negatively impact any surrounding properties or the general public. As of now, the property has no bufferyards established, so any new redevelopment will be beneficial and a net improvement to the surrounding district.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Literal enforcement would not allow the redevelopment of the property as proposed due to parking standards, fuel bay, and drive approaches on both Greenbriar and Broadway along with establishing new bufferyards as required.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
In this case, the proposed bufferyard will adhere to the spirit of the ordinance and substantial justice will be done by implementing the requested bufferyards where none exists currently in order to redevelop the property.
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 requested variances will not permit a use not authorized within the district it is located in.
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 requested bufferyards would only enhance the overall appearance of the property, streetscape, and 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 parking standards and establishment of bufferyards where none exist currently while meeting parking and setback requirements as required.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to Unified Development Code in Sections 35-510.
Staff Recommendation
Staff recommends Approval of the variances requested in BOA-20-10300118, based on the following findings of fact:
1) The request does not negatively impact the surrounding property owners nor will it significantly alter the appearance of the district, and;
2) The requested variances will allow maximum use of the property.
3) The applicant is able to meet all other requirements for this project.
4) The proposed reduction still allows adequate space to prevent fire spread, allow for stormwater management on site, and allow for adequate light and space for maintenance.