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Case Number: |
A-15-158 |
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Applicant: |
Dahlia Castillo |
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Owner: |
George & Dahlia Castillo |
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Council District: |
1 |
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Location: |
8434 Republic Drive |
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Legal Description: |
Lot 22, Block 27, NCB 12553 |
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Zoning: |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Margaret Pahl AICP, Senior Planner |
Request
A request for variance from the maximum 50% impervious coverage, as described in Table 35-515-1, to allow the front yard to be 70% impervious.
Executive Summary
The subject property is located in the Ridgeview neighborhood on a 7,930 square foot lot. The home was built in 1959 according to Bexar County records. The City of San Antonio is reconstructing the street and sidewalks in the area and the applicant recently hired the city’s contractor to install the approximately 1,200 square feet of cement in the front yard. According to the applicant, the enlarged parking pad was necessary to accommodate the van transportation service used by her husband to get to a reoccurring medical appointment. The Unified Development Code limits impervious coverage within the front yard of every residential zoning district to 50%. Including the driveway, staff has estimated the total impervious coverage at 70%, requiring a 20% variance. Limiting impervious cover reduces stormwater runoff and reduces water pollution as well. Water allowed to seep into land is naturally cleansed prior to re-entering the aquifer, whereas runoff can accumulate pollutants as it enters the storm drain system.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single Family Residential |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
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South |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
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East |
“R-6 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Residential |
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West |
“C-3 AHOD” General Commercial Airport Hazard Overlay District |
WalMart |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the North Central Neighborhood Plan and currently designated as Low-Density Residential in the future land use component of the plan. The subject property is also located within the boundaries of the Shearer Hills/Ridgeview Neighborhood Association, a registered neighborhood association. As such, they were notified of the request and asked to comment.
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 public interest is represented by the limitation on impervious coverage. Water quality and conservation are two critical goals within the City, making the requested variance contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
There is no property-related special circumstance present on this large residential lot to warrant a 20% increase in impervious cover.
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 letter of the law. In this case, if the Board were considering a slight increase in impervious coverage, the spirit of the ordinance may be observed. However, a 20% increase does not represent substantial justice.
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-5 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.
There are no other front yards covered in concrete and therefore, this variance would alter the character is the 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 was created by the contractor being unfamiliar with limitations regarding his specific trade. The parking pad can remain with a reduction in the length of less than 15 feet. With this reduction, the applicant can still have room for the medical shuttle while allowing rainwater to percolate into the underground aquifer as required.
Alternative to Applicant’s Request
The applicant can reduce the size of the parking pad by 20%, or slightly less than 300 square feet.
Staff Recommendation
Staff recommends DENIAL of A-15-158 based on the following findings of fact:
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1. |
The impervious coverage limitation is critical to conserving water and water quality. |