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Case Number: |
BOA-20-10300107 |
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Applicant: |
Juan Garcia |
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Owner: |
Juan Garcia |
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Council District: |
7 |
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Location: |
6226 Welles Creek Drive |
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Legal Description: |
Lot 61, Block 3, NCB 16718 |
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Zoning: |
“R-6” Residential Single-Family |
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Case Manager: |
Joyce Palmer, Planner |
Request
A request for a 9’ 4” variance to the minimum front setback distance of 10’, as described in Section 35-310.01, to allow a structure to be 8” from the front property line.
Executive Summary
The subject property is located at 6226 Welles Creek Drive. The area is surrounded by single-family residential dwellings. The applicant built a wooden carport in front of the existing garage without obtaining a permit. The carport complies with the side setback requirement, but it is 8” away from the front property line. The applicant is requesting a 9’ 4” variance to the 10 feet minimum front setback requirement to keep the constructed carport.
Code Enforcement History
There is one open code enforcement case on this property for building without a permit. It is currently pending resolution.
Permit History
A permit was requested for a new patio cover attached to the rear on September 15, 2020.
Clear Vision Review
A review of Clear Vision is not required.
Zoning History
The property was annexed on January 8, 1970 with Ordinance 38136 and was zoned as “R-1” Single-Family Residential. The “R-1” Residential District converted to “R-6” Single-Family Residential District with the adoption of the 2001 Unified Development Code (UDC), established by Ordinance 93881, on May 3, 2001.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6” Residential Single-Family |
Residential |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-6” Residential Single-Family |
Residential |
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South |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Residential |
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East |
“R-6” Residential Single-Family |
Residential |
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West |
“R-6” Residential Single-Family |
Residential |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is located within the Huebner/Leon Creeks Community Plan and is designated as “Low-Density Residential” in the future land use component of the plan. The subject property is within the boundaries of the Alamo Farmsteads Babcock Road Neighborhood Association.
Street Classification
Welles Creek Drive is classified as a local roadway.
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 is not contrary to the public interest as the applicant is proposing to complete construction of an attached carport, and there is still 8” of space between it and the front property line.
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. With the limited amount of space in the front of the property, moving the structure farther away from the property line will result in less space provided for the carport and the property owner’s 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 is defined as the intent of the code, rather than the exact letter of the law. The intent of the accessory structure setbacks is to provide spacing between neighboring structures. The applicant will still maintain some space between the carport and the front property line, and the side setback requirements are met.
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 the front setback does not pose a risk of substantially injuring the use of adjacent properties.
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 location of the attached structure shall warrant the granting of this request. The applicant was informed of the limitations incurred by the ordinance and submitted the request for a variance.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to Unified Development Code in Sections 35-310.01, and 35-516.
Staff Recommendation
Staff recommends Approval of the variances requested in BOA-20-10300107, based on the following findings of fact:
1. Adequate space will be utilized to prevent storm water runoff and maintenance of the structure without trespass; and,
2. The requested variance does not detract from the character of the district nor does it negatively impact the surrounding property owners.