|
Case Number: |
A-17-142 |
|
Applicant: |
David Dye |
|
Owner: |
David Dye |
|
Council District: |
9/10 |
|
Location: |
2130 Thousand Oaks Drive |
|
Legal Description: |
4.13 acres out of Lot 42, Block 4, NCB 16125 |
|
Zoning: |
“O-2 MLOD-1 ERZD” High-Rise Office Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
|
Case Manager: |
Shepard Beamon, Senior Planner |
Request
A request for a 1) a 10 foot variance from the 15 foot rear setback, as described in Table 35-310.01, to allow 5 foot rear setback and 2) a 15 foot variance from the 20 foot side setback, as described in Table 35-310.01, to allow a 5 side setback and 3) a request for a variance to eliminate the 15 foot “Type C” bufferyard, as described in Section 35-510, to allow an office development.
Executive Summary
The applicant is requesting variances to allow the construction of a 38,356 square foot office building park. The property sits adjacent to a 216 foot wide drainage easement to the south, currently zoned “MF-33” Multi-Family District, and a multi-family development, currently zoned “O-2” High-Rise Office District. The property also has portions located within in the 100 year floodplain.
According to the UDC, an “O-2” zoned property abutting a residential zone, or use, must include a 30 foot rear setback and a 20 foot side setback. Since the “MF-33” zoned property is an easement, up to 15 feet of the easement can be used towards the 30 foot rear setback, thus the request for the variance from the 15 foot rear setback. Although the property to the east is zoned “O-2”, the use is multi-family residential, which triggers the 20 foot side setback. The 15 foot landscape buffer is triggered when “O-2” zoned property abuts a residential zoned property, which in this case is “MF-33”. The property also includes a 25 foot front setback, which further reduces developable space on the site.
Subject Property Zoning/Land Use
|
Existing Zoning |
Existing Use |
|
“O-2 MLOD-1 ERZD” High-Rise Office Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
Vacant Lot (Proposed Office Building Park) |
Surrounding Zoning/Land Use
|
Orientation |
Existing Zoning District(s) |
Existing Use |
|
North |
“R-6 MLOD-1 ERZD” Residential Single-Family Camp Bullis Military Lighting Overlay Edwards Recharge Zone District; “RM-4 MLOD-1 ERZD” Residential Mixed Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
Single-Family Residences, Apartments, Vacant |
|
South |
“R-5 MLOD-1 ERZD” Residential Single-Family Camp Bullis Military Lighting Overlay Edwards Recharge Zone District; |
Single-Family Residences |
|
East |
“O-2 MLOD-1 ERZD” High-Rise Office Camp Bullis Military Lighting Overlay Edwards Recharge Zone District |
Apartments |
|
West |
“RM-4 PUD MLOD-1 ERZD” Residential Mixed Planned Unit Development Camp Bullis Military Lighting Overlay Edwards Zone District |
Apartments |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the North Sector Plan and currently designated Civic Center in the future land use component of the plan. The subject property is not located within the boundaries of a registered 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, the public interest is represented by setbacks to ensure that neighboring property rights are not violated. As the closest adjacent multi-family building will be at least 60 feet away from the nearest office building and the single-family residences will be located even further, at least 200 feet away, staff finds that the rights of the neighboring properties will not be violated.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special conditions present on the site are due to the amount of buildable area available. The restrictions enforced with the required setbacks and bufferyard significantly reduce the amount of area that can be built upon. The abutting 216 foot drainage easement also creates an unnecessary hardship, as the 30 foot rear setback and 15 foot bufferyard are not effectively providing separation between incompatible uses since the easement is undeveloped.
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 be observed as there will be over 200 feet of separation from the neighboring Thousand Oaks subdivision and should present little to no negative impact on the neighborhood. The spirit will further be observed as a five setback will allow the site be better developed and still provide room for maintenance.
4. 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 “O-2 MLOD-1 ERZD” High-Rise Office Camp Bullis Military Lighting Overlay Edwards Recharge Zone 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 request should not injure the rights of the neighboring properties as the nearest multi-family building will be nearly 60 feet from the closest office building and the single-family development is separated by a 200 foot creek with dense vegetation. Further, the development will not be out of character with the surrounding streetscape as the corridor has mixed commercial and residential developments.
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 site has several unique challenges as the site is narrowly shaped, has steep topography, and has residential use and zoning abutting most of the developable portion of the lot, prompting larger setbacks. In this case, although the adjacent property to the east is zoned for high-rise office uses, the use is residential, generating a 20 foot setback. The multi-family zoned creek to the south, although undeveloped, creates a unique circumstance with both a larger setback and bufferyard. These conditions were not created by the owner and are not merely financial in nature.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the rear and side setbacks as well as the bufferyard.
Staff Recommendation
Staff recommends APPROVAL of the requested rear setback variance in A-17-142, based on the following findings of fact:
1. There is adequate separation between the proposed office buildings and the nearest multi- and single-family developments and would not have a negative impact; and
2. The lot has an irregular shape and a large dedication to a drainage easement which significantly limits the developable land on the lot.