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Case Number: |
A-15-159 |
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Applicant: |
Ricardo Renteria |
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Owner: |
Renteria Properties Inc. |
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Council District: |
3 |
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Location: |
111 Mebane |
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Legal Description: |
South 75 ft. of Lot 28, Block 1, NCB 7596 |
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Zoning: |
“MF-33 AHOD” Multi-Family Residential Airport Hazard Overlay District |
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Case Manager: |
Kristin Flores, Planner |
Request
A request for 1) a 15 foot variance from the minimum 20 foot rear setback, as described in Section 35-310.01; and 2) a 250 square foot variance from the minimum 4,000 square foot lot area, as described in Section 35.310.01, to allow a new home 5 feet from the rear property line on a 3,750 square foot lot.
Executive Summary
The subject property is located at 111 Mebane on the corner of Devoto Avenue and Mebane. The current applicant/owner wishes to build a single family home and preserve a large pecan tree on the lot. The subject property was originally platted in 1907 and included the lot directly to the North. The earliest Sanborn Map to show a home on the lot was in 1952. The Sanborn Map shows two homes on the lot originally platted lot. Sometime after 1952, the lot was illegally subdivided. This could have been done as a means to sell each home separately. The proposed home is in the keeping with the configuration shown on the original Sanborn Map.
The subject property is currently zoned “MF-33” and the applicant could, by right, build two units on the lot. However, as this neighborhood is largely single family, building a single family home would be in keeping with the character of the community. In order to build a single family home in a parcel with a base zone of “MF-33” the development must be built to “R-4” standards, which increase the minimum rear setback from ten (10) to twenty (20) feet. Only a small portion of the home, approximately 153 square feet will be five (5) feet from the rear property line. This is less than the eight hundred (800) square feet permitted by right for an accessory dwelling unit. Accessory dwelling units are permitted to be five (5) feet from the property line, as described in Section 35-371.
In addition to an increased rear set back the parcel is required to meet the “R-4” minimum lot size of four thousand (4000) square feet. The lot was illegally subdivided and, as it stands now, does not meet the minimum lot size for “R-4” residential single-family district development standards.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“MF-33 AHOD” Multi-Family Residential Airport Hazard Overlay District |
Vacant Lot |
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 Residential Airport Hazard Overlay District |
Single Family Residence |
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South |
“MF-33 AHOD” Multi-Family Residential Airport Hazard Overlay District |
Single Family Residence |
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East |
“MF-33 AHOD” Multi-Family Residential Airport Hazard Overlay District |
Single Family Residence |
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West |
“MF-33 AHOD” Multi-Family Residential Airport Hazard Overlay District |
Single Family Residence |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the South Central Neighborhood Plan and is designated as Low Density Residential in the future land use component of the plan. The subject property is not located within the boundary of a Neighborhood Association.
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, these criteria are represented by minimum setbacks and lot size to protect home owners, and also to provide for a sense of community. This neighborhood consists of modest single family homes thus providing the means to build a new single family home is not contrary to the public interest.
Only a small portion of the home, approximately 153 square feet will be five (5) feet from the rear property line. This is less than the eight hundred (800) square feet permitted by right for an accessory dwelling unit. Accessory dwelling units are permitted to be five (5) feet from the property line, as described in Section 35-371.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special condition in this case was the illegal subdivision of the lot and the desire to preserve a large, irreplaceable pecan tree.
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. The additional fence height is intended to provide safety, security, and privacy of the applicant. Therefore, the requested variance for lot size and rear setback observes the spirit of the code.
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 “MF-33 AHOD” Multi-Family Residential 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.
This neighborhood is comprised of single family homes and allowing a new addition to the housing stock will not substantially injure adjacent property or alter the essential character of the neighborhood.
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 unique circumstance on this property is the illegal subdivision of the lot and the desire to preserve a large pecan tree. This is not merely financial and was not created by the property owner.
Alternative to Applicant’s Request
The applicant cannot build a single family home and must adhere to standard setbacks, as described in Section 35-310.01.
Staff Recommendation
Staff recommends APPROVAL of a 250 square foot variance from the minimum 4,000 square foot lot area to allow a new home 5 feet from the rear property line on a 3,750 square foot lot in A-15-157 based on the following findings of fact:
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1. |
The lot was illegally subdivided in the past leaving insufficient square footage to meet “R-4” development standards; |
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2. |
The construction of single family home is in keeping with the character of the community. |
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Staff recommends APPROVAL of a fifteen (15) foot variance from the minimum twenty (20) foot rear setback line to allow a home to be five (5) feet from the rear property line in A-15-157 based on the following findings of fact:
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1. |
The lot was illegally subdivided leaving limited square footage for development; |
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2. |
According to the submitted site plan and floor plan only a small portion of the overall home will be five (5) feet from the rear property line; |
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3. |
The desire to preserve a large, irreplaceable pecan tree is in keeping with the character of the community and the spirit of the ordinance. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Site Plan
Attachment 4 - Site Photos