Case Number: |
A-15-066 |
Applicant: |
Chris Plauche |
Owner: |
San Antonio Catholic Worker Community Housing Trust |
Council District: |
2 |
Location: |
626 Nolan Street |
Legal Description: |
E. 10.52 feet of Lot 5 & W. 54.16 feet of Lot 6, Block 1, NCB 561 |
Zoning: |
"R-6 H AHOD" Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Case Manager: |
Margaret Pahl, AICP Senior Planner |
Request
An appeal of the following Director's decision:
Denial of request to allow the use of an accessory structure in the rear yard for laundry, rest room and food storage purposes, identifying these uses as an expansion of a nonconforming use in an "R-6" Residential Single-Family zoning district.
Board of Adjustment Jurisdiction
Pursuant to Section 35-481 of the Unified Development Code (UDC), the Board of Adjustment is empowered to hear and consider appeals of decisions made by an administrative official. The Board must consider the appeal as a quasi-judicial public hearing pursuant to Section 35-404. The Board has the authority to affirm, modify or reverse the administrative official's order, requirement, decision or determination from which the appeal is taken and make the correct order, requirement, decision or determination, with a concurring vote of 75% of its members.
Background: Catholic Worker House
The subject property at 626 Nolan was rezoned to "B-1" Business in 1989 in a large area rezoning case. In 2001, the property converted to the "C-1" Commercial zoning district, with the adoption of the Unified Development Code. In 2005, several building permits were issued for repairs and plumbing and electrical improvements to this building. In 2010, a Certificate of Occupancy was issued for this building, identifying it for use as office use, with accessory meeting and laundry facilities.
In 2009, a rezoning application was submitted for the subject property to change the zoning designation from "C-1" to "C-2" with a Conditional Use for Charitable Food Service Establishment. The case was continued by the City Council and eventually withdrawn by the applicant.
In 2012, with the adoption of an update to the Dignowity Hill Neighborhood Plan, the property was rezoned to "R-6" Residential Single-Family District. As a result of the rezoning a nonconforming use for the office, accessory meeting facilities and laundry facilities was created. The nonconforming use was registered in May 2013.
In 2014, a neighboring property owner reported that the structure at 622 Nolan, the property adjacent to 626 Nolan and owned by the same property owner for 626 Nolan, appeared to be leaning toward their home. City inspectors identified that the structural integrity of the building was in question and scheduled a hearing before the Building Standards Board. The Office of Historic Preservation participated in the discussions, given the historic district and the age and integrity of the building. The Building Standards Board instructed the owner to make repairs. Necessary repairs were not completed and eventually, the building was determined to be dangerous and its demolition ordered.
In 2015, the applicant submitted a building permit application to construct a temporary storage unit in the rear yard of 626 Nolan that would not exceed 192 square feet. The intent was to relocate materials from 622 Nolan during the demolition process. The applicant was granted a building permit for the temporary storage unit. Subsequently, the applicant submitted an application to recertify the nonconforming use for 626 Nolan and requested a determination for approval of construction of a 780 square foot accessory structure. The structure would have plumbing for washing machines, a rest room and shower, and electricity for three freezers, a refrigerator and an ice machine. This application to recertify the nonconforming use was approved, reflecting their legally established use in accordance with the previously issued Certificate of Occupancy. However, staff determined that the construction of the accessory structure, and adding more space for additional office, accessory meeting and laundry facilities, was an expansion of the non-conforming use.
Unified Development Code Regulations
Article VII of the Unified Development Code details the regulations regarding non-conforming uses and structures as follows:
Section 35-702(b) 1. Non-Conforming Uses. The lawful use of land existing as of the effective date of this chapter, or a lawful use which becomes nonconforming because of an amendment to this chapter, may be continued as provided in this section.
Section 35-702(b) 2. Abandonment. If such nonconforming use is discontinued for twelve (12) months, any future use of such premises shall be in conformity with the provisions of this chapter. Abandonment of a nonconforming use shall terminate the right to operate such use.
Section 35-702(b) 3. Continuance. The lawful use of any building existing as of the effective date of this chapter may be continued, although such use does not conform to the provisions of this chapter. Such use may be extended throughout the building, provided no structural alterations or additions to the structure, except those required by law or ordinance, are made thereto.
Section 35-702 (b) 4. Enlargement. A conforming structure in which a nonconforming use is operated shall not be enlarged or extended except as required by law or ordinance.
Section 35-709 (a). Expansion of Non-Conforming Use by Specific Use. No existing use which does not conform to the zoning district of the property affected may be permitted to expand unless a specific use permit has been granted by the city in accordance with the procedure set forth in Section 35-423.
Administrative Decision
Staff reviews a request for registration of a nonconforming use and considers the above-referenced regulations and the submitted documentation from the property owner. The zoning history is a critical component of this review. The establishment of a lawful use must coincide with the timeframe of the zoning district in which the use was authorized. Therefore, the use of the property at 626 Nolan as office, with accessory meeting and laundry facilities, was legally established in 2010 when the property was zoned "C-1" Commercial. The rezoning to residential adopted in 2012, however, changed the use to nonconforming and eliminated its ability to be expanded. Sections 35-702 (b)(4) prohibits enlarging or extending a nonconforming use in a conforming structure. The addition of 780 square feet, with plumbing for washing machines, rest room and shower, and electricity to run three freezers, a refrigerator and an ice machine in the rear yard of 626 Nolan was determined by staff to be an enlargement, inconsistent with this regulatory prohibition. As an alternative, Section 35-702 (b) 3. allows for internal changes throughout the building. It is staff's interpretation that the appliances could be incorporated into existing space inside 626 Nolan without concern. Additionally, 35-709 is an alternative option that the applicant has in order to expand the nonconforming use. This would allow the applicant to request a rezoning for a Specific Use Authorization in order to expand the office, accessory meeting and laundry facilities within the accessory structure.
Catholic Workers House Interpretation
The applicant is requesting that the Board consider the request in context, as an overall reduction in square footage of their operation. They assert that the structure at 622 Nolan, which included 2,240 square feet and their ministry that was being conducted inside, is being consolidated into fewer square feet, shrinking the overall footprint. However, 622 Nolan closed in August 2010, after the opening of 626 Nolan and does not have a Certificate of Occupancy or nonconforming use rights registered for any other use other than its current zoning of "R-6". Any other use on the property at 622 Nolan, other than single family residential after the 2012 rezoning to "R-6", would constitute an illegal use and zoning violation.
The applicant asserts that every other residential property in the neighborhood is eligible for an accessory structure with less than 800 square feet, with plumbing for bathroom, kitchen and laundry facilities. The Unified Development Code allows for accessory structures with less than 800 square feet, and its use as an accessory dwelling unit, as an accessory to the primary use, a single family home. The applicant is proposing an accessory structure for the purpose of adding more laundry facilities. The nonconforming use registered for 626 Nolan only applies to the current building footprint and per 35-702, the nonconforming use for the office, accessory meeting and laundry facilities cannot be enlarged or expanded.
Board of Adjustment
The Board of Adjustment has the authority to review and consider the appeal before it, investigate facts, weigh evidence and draw conclusions. The Board may reverse or affirm, in whole or in part, the administrative decisions brought forward by the appellant and discussed in this report.
To reverse the decision, the Board must find that the Director's decision that the addition of the accessory structure for office, accessory meeting and laundry facilities was an expansion of the primary structure's nonconforming use for the office, accessory meeting and laundry facilities, was incorrect.
Staff Recommendation
Staff recommends that the Board of Adjustment uphold the Director's decision to deny the requested accessory structure improvements, based on the prohibition against enlarging a non-conforming use. The applicant has two options, utilize the current space at 626 Nolan without expanding into an accessory structure, or seek City Council approval to rezone the property for a Specific Use Authorization to allow the expansion of the nonconforming use.