Legislation Details

File #: 20-7354   
Type: Staff Briefing - Without Ordinance
In control: Board of Adjustment
On agenda: 12/21/2020
Posting Language: BOA-20-10300107: A request by Juan Garcia for a 9’ 4” variance to the minimum front setback distance of 10’, to allow a structure to be 8” from the front property line, located at 6226 Welles Creek Drive. Staff recommends Approval. (Joyce Palmer, Planner, 210-207-0315, Joyce.Palmer@sanantonio.gov, Development Services Department)
Attachments: 1. Attachments
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Case Number:

BOA-20-10300107

Applicant:

Juan Garcia

Owner:

Juan Garcia

Council District:

7

Location:

6226 Welles Creek Drive

Legal Description:

Lot 61, Block 3, NCB 16718

Zoning:

“R-6” Residential Single-Family

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

 

Existing Zoning

Existing Use

“R-6” Residential Single-Family

Residential

 

Surrounding Zoning/Land Use

 

Orientation

Existing Zoning District(s)

Existing Use

North

“R-6” Residential Single-Family

Residential

South

“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District

Residential

East

“R-6” Residential Single-Family

Residential

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.