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Case Number: |
A-17-005 |
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Applicant: |
Thong H. Nguyen |
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Owner: |
Thong H. Nguyen |
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Council District: |
2 |
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Location: |
5606 Castle Glade Drive |
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Legal Description: |
Lot 18, Block 20, NCB 15790 |
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Zoning: |
“NP-10 MLOD ERZD” Neighborhood Preservation Military Lighting Overlay Edwards Recharge Zone District |
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Case Manager: |
Shepard Beamon, Senior Planner |
Request
A request for a 30 foot variance from the platted 30 foot front setback, as described in Section 35-516 (o), to allow a carport and a porch to extend into the platted setback.
Executive Summary
The subject property is located in the East Village Subdivision, recorded in 1968, and includes a 30 foot platted front setback. Recently, the applicant installed a metal carport that encroaches in the platted front setback. The applicant is requesting a variance to allow the carport to remain as constructed on the front property line. The carport does not encroach into the side setback, so trespass and water runoff are not a concern. The applicant constructed the carports to protect their new vehicles from inclement weather. The garage, as built, extends five feet into the platted front setback reducing the setback to 25 feet.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is not located within the boundaries of the Camelot 1 Neighborhood Plan and has a future land use designation of Low Density Residential. The subject property is located within the boundaries of Camelot 1 Neighborhood Association. As such, they were notified 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. Eliminating a front setback and allowing a carport to remain on the front property line could potentially interfere with Clear Vision requirements, which is contrary to the public interest.
The carport meets the side setback requirement. It is also made of metal and poses little risk of fire spread. As such, staff finds the alternate recommendation of a 25 foot setback is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The owner currently has a two-car garage, as do several of the homes in the neighborhood. The 30 foot platted setback is in place to create uniformity throughout the community. Allowing a carport in addition to an attached two-car garage does not justify as an unnecessary hardship.
Literal enforcement of the 30 foot platted front setback would result in the property owner not being permitted any carport, despite several other property owners enjoying carports within the neighborhood. The Board has recently approved the requests for several carports within the Camelot area. Staff finds that approval of an alternate recommendation would eliminate any unnecessary hardship.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance will not be respected as the carport provides a setback less than the platted setback and the UDC required setback. Other carports in the neighborhood have been required to provide front setback. Substantial justice will not be served by allowing the carport to remain on the front property line.
The spirit of the ordinance will be respected as the alternate recommendation of a 25 setback will not interfere with Clear Vision requirements. Further, the carport is made of metal and will not increase fire risk. Lastly, the carport meets the side setback and will not increase water runoff on the adjacent property, or require trespass for maintenance. Therefore, the spirit of the ordinance will be observed.
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 variances will not authorize the operation of a use on the subject property other than those specifically permitted in the “R-6 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.
The requested variance seeks to reduce the front setback, similar to other carports in the community; however, locating a carport on the front property line is not common in the neighborhood. Previously approved carports have been granted a 10 foot setback to establish uniformity in the neighborhood. The carport does respect the side setback and is made of metal, thus posing little fire risk to the adjacent property.
The alternate recommendation of the variance seeks to reduce the front setback, similar to other carports in the community. Because the carport meets the side setback requirement and is composed of metal, there is little concern for fire spread, rainwater runoff, and the structure can be maintained without trespass on the 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.
The unique circumstance present in this case is the 30 foot platted front setback which leaves no space for carport construction on the property. However, the owner could alter the carport to be 20 feet in length and still meet the setback required by the UDC.
The unique circumstance present in this case is the 30 foot platted front setback which leaves no space for carport construction on the property. The existing garage was constructed in the 30 foot setback by five feet, consequently reducing the front setback to 25 feet. The alternate five foot setback would still provide the owner with adequate room for a carport and parking. This is not merely a financial issue and was not created by the owner.
Alternative to Applicant’s Request
The applicant could remove the carport.
The applicant could amend the recorded plat.
Staff Recommendation
Staff recommends DENIAL with an alternate recommendation for a 25 foot variance from the 30 foot platted front setback to allow a carport to be 5 feet from the front property line based on the following findings of fact:
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1. |
Carports are common within the community; |
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2. |
The carport meets the side setback; |
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3. |
The carport is composed metal and poses little fire risk, does not increase water runoff on the adjacent property, and will not require maintenance with trespass; |
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4. |
The Board has previously approved similar requests to the front setback within this neighborhood. |
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5. |
The home, as built, extends into the platted front setback, reducing the setback to 25 feet, not 30. |