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Case Number: |
A-18-139 |
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Applicant: |
Russell Felan |
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Owner: |
Village Oaks Apartments House |
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Council District: |
10 |
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Location: |
8011 North New Braunfels |
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Legal Description: |
Lot 74, NCB 11889 |
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Zoning: |
”MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
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Case Manager: |
Dominic Silva, Planner |
Request
A request for 1) a 4’11” variance from the required 5’ side setback, as described in Section 35-370, to allow a carport to be 1” from the front property line and 2) a 3’ variance from the 5’ rear setback, also described in Section 35-370, to allow a carport to be 2’ away from the rear property line.
Executive Summary
The subject property is located at 8011 North New Braunfels, approximately 289’ north of Nacogdoches Road. Code Enforcement initiated this case February 9, 2018 due to setback violations. The applicant is requesting to keep the commercial apartment complex carport, built without permits, within the side and rear setback. Bexar County Appraisal lists both the complex and original carport constructed in 1968.
The applicant states the carport was reconstructed within the footprint of the original carport that was damaged beyond repair during a tornado strike that occurred in February of 2017. There is currently a 6’ privacy fence separating the apartment complex to the residential lots to the rear. The new carport does not have any storm water controls present.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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”MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
Apartments |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
”MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
Apartments |
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South |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District and “C-2 AHOD” Commercial Airport Hazard Overlay District |
Single-Family Dwelling and Goodwill Retail |
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East |
“NP-10 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“C-2 AHOD” Commercial Airport Hazard Overlay District |
Grocery Store |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Northeast Inner Loop Plan and it is currently designated as Neighborhood Commercial in the future land use component of the plan. The subject property is located within the boundaries of the Oakpark Northwood Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
North New Braunfels is classified as a minor street.
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. The original carport has been in the same location since 1968 with no registered complaints and the new carport is within the original footprint.
1. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The new carport is built within the same footprint as the original carport that was damaged beyond repair due to inclement weather in February of 2017. Literal enforcement of the ordinance would result in the applicant removing that portion of the carport that extends beyond the side and rear setback, leaving the carport unusable in its current format due to space limitations.
2. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance is the intent of the code, rather than the strict letter of the law. The new carport is not overwhelming in size and follows the same footprint as the original carport that was built in 1968 with no registered complaints. Additionally, the carport is built entirely of metal.
3. The variance will not authorize the operation of a use other than those uses specifically authorized in the district in which the request for a variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized in the “MF-33 AHOD” Multi-Family Airport Hazard Overlay District.
4. 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 carport is not noticeably out of character within the district in which it is located. The previous carport has been in place for over 50 years with no complaints. The district is characterized by commercial and multi-family establishments. The variances requested will not substantially injure the appropriate uses of adjacent conforming properties or alter the character of the district.
5. 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 variances being sought is due the reconstruction of a carport that was destroyed during the February tornado strikes of 2017. The new carport follows the same footprint as the previous and is made entirely of metal. The unique circumstances were not created by the owner and are not merely financial in nature, and are not due to or the result of general conditions in the district.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required front and side setback and adhere to Section 35-370.
Staff Recommendation
Staff recommends APPROVAL of A-18-139, based on the following findings of fact:
1. The reconstructed carport is built within the footprint of the original carport that has been in place since 1968 with no registered complaints, and;
2. The reconstructed carport does not detract from the character of the neighborhood.