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Case Number: |
A-16-133 |
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Applicant: |
Roger R. Jimenez |
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Owner: |
Johnny Martinez |
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Council District: |
3 |
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Location: |
4235 Boxwood Road |
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Legal Description: |
Lot E 119.25 FT of 4, NCB 10761 |
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Zoning: |
“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Shepard Beamon, Planner |
Request
A request for a 1,832 square foot variance from the 2,500 square foot maximum floor area for accessory structures on a residential lot, as described in Section 35-370(b)(3), to allow a residential lot with 4,332 square feet of accessory structure floor space.
Executive Summary
The applicant is requesting the variance to allow three detached accessory structures that have a total square footage of 4,332 feet, to remain in the rear of the subject property. The property is 0.9562 acres in size with a primary dwelling that exceeds 3,000 sq. ft. The maximum lot coverage of all accessory structures shall not exceed fifty (50) percent of the total area of the side and rear yards, provided that in residential districts the total floor area does not exceed a maximum of two thousand five hundred (2,500) square feet, as described in Section 35-370 (b). The applicant has completed construction of all structures and was cited by Code Enforcement. Per the applicant, the accessory structures are used to store vehicles. The total area of the three structures is 1,832 sq. ft. more than the maximum square feet permitted, thus a variance is required for the structures to remain.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Home |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Home |
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South |
“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Home |
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East |
“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District |
Vacant Lot |
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West |
“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Home |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Eastern Triangle Community Plan and currently designated as Low Density Residential in the future land use component of the plan. The subject property is located within the Comanche Community Neighborhood Association. As such, the neighborhood was notified and asked to comment.
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 accessory structure size limitations to protect property owners and create a cohesive streetscape. The structure, in its current location, will not disrupt the character of the surrounding neighborhood and has minimal visibility from the street.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The applicant is requesting the variance to keep the existing structures that are used for storage and maintenance for his collection of vintage automobiles. A literal enforcement of the ordinance will force the applicant to remove the some of the structures and will not provide the owner with enough space to care for all vehicles.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance represents the intent of the requirement. The additional square footage included in the accessory structure is not visible from the public way. The additional height and square footage do not seem overwhelming as the lot is large in size, and the structures allow for adequate air and light in the yard.
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-20 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.
The structures are well within the required side and rear setbacks and will not produce any water runoff on the adjacent property. The structures can also be maintained with no trespassing and will not increase fire hazard.
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.
According to the applicant, the addition is to provide adequate storage space for his large collection of vintage automobiles. The primary dwelling’s design does not provide any attached garages or storage for vehicles, thus resulting in a unique circumstance and forcing the owner to construct detached accessory structures for his vehicles in the rear of the property.
Alternative to Applicant’s Request
The applicant could remove an accessory structure to meet the required maximum accessory structure square footage.
Staff Recommendation
Staff recommends APPROVAL of the requested variance in A-16-133 based on the following findings of fact:
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1. The structures meet the spirit of the code and will not pose an increased fire risk, water runoff to adjacent properties, or maintenance without trespass; 2. The structures have minimal visibility from the street; 3. The accessory structures do not conflict with the character of the surrounding neighborhood. |