|
Case Number: |
A-18-149 |
|
Applicant: |
Sheila Rogel |
|
Owner: |
Sheila Rogel |
|
Council District: |
5 |
|
Location: |
413 and 415 Collingsworth |
|
Legal Description: |
Lot 14, NCB 7067 |
|
Zoning: |
“RM-4 MLOD-2 MLR-2 AHOD” Residential Mixed Camp Bullis Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
|
Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for a 6’ variance from the 10’ rear setback requirement, as described in Section 35-310.01, to allow a structure to be 4’ away from the rear property line.
Executive Summary
The subject property is located at 413 and 415 Collingsworth, approximately 245 feet north of Sims Avenue. The applicant is seeking to expand the subject property by adding a 12’ by 12’ room to both duplexes. The applicant has not initiated any construction and is seeking to obtain this variance request before applying for permits.
Subject Property Zoning/Land Use
|
Existing Zoning |
Existing Use |
|
“RM-4 MLOD-2 MLR-2 AHOD” Residential Mixed Camp Bullis Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Two-Family Dwelling |
Surrounding Zoning/Land Use
|
Orientation |
Existing Zoning District(s) |
Existing Use |
|
North |
“RM-4 MLOD-2 MLR-2 AHOD” Residential Mixed Camp Bullis Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Multi-Family Dwelling |
|
South |
“R-5 MLOD-2 MLR-2 AHOD” Residential Single-Family Camp Bullis Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Single-Family Dwelling |
|
East |
“RM-4 MLOD-2 MLR-2 AHOD” Residential Mixed Camp Bullis Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Multi-Family Dwelling |
|
West |
“RM-4 MLOD-2 MLR-2 AHOD” Residential Mixed Camp Bullis Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Nogalitos / South Zarzamora Community Plan and is currently designated Low Density Residential in the future land use component of the plan. The subject property is not within a neighborhood association.
Street Classification
Collingsworth Avenue is classified as a Local 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 served by setbacks, which help to provide consistent development within the City of San Antonio. The applicant is seeking a variance to allow an addition to a duplex 4’ away from the rear property line. A 4’ rear setback fails to provide adequate fire separation distance, provides no room for maintenance, and may drain water onto adjacent property. Staff finds that the addition to the duplex, as proposed, is contrary to the public interest.
Staff supports reducing the rear setback to 5’, which would provide adequate room for maintenance and would provide better separation for fire spread and rainwater runoff.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff is unable to establish any special condition that warrants reducing the rear setback to 4’.
The applicant could modify the proposed addition to have a 5’ rear setback.
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 the intent of the code, rather than the strict letter of the law. The intent of the code is to provide for consistent development and to establish room for maintenance, and to reduce the threat of fire spread. The request to reduce the rear setback does not observe the intent of the code.
Staff supports a modified setback reduction to 5’ feet, as it address these concerns.
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 “RM-4 MLOD-2 MLR-2 AHOD” Residential Mixed Camp Bullis Military Lighting Overlay Military Lighting Region 2 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.
Staff cannot support a 4’ rear setback. It poses immediate risk to adjacent property and leaves no room for maintenance of the structure.
The addition could be modified to allow the addition of the duplex at 5’.
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.
Staff is unable to determine a unique circumstances existing on the site. The addition should be designed in a manner that respects the intent of the code.
Alternative to Applicant’s Request
The alternative to the applicant’s plan would be to comply with the rear building setbacks as defined within Section 35-310.01.
Staff Recommendation
Staff recommends DENIAL of the variance in A-18-149, based on the following findings of fact:
1. There is no unique circumstance or special condition that warrants the rear reduction to 4’ from the property line, and;
2. The request creates unsafe fire protection distances.
Staff recommends APPROVAL of a variance to allow an addition with a 5’ rear setback in A-18-149, based on the following findings of fact:
1. A 5’ rear setback allows the structure to be easily fire rated, and is safe for the property owner and neighbors, and;
2. A 5’ rear setback provides reasonable space to maintain the structure.