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Case Number: |
A-18-143 |
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Applicant: |
Claudia Reyes |
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Owner: |
Claudia Reyes |
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Council District: |
1 |
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Location: |
1214 Waverly Avenue |
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Legal Description: |
Lot 2, Block 16, NCB 2056 |
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Zoning: |
“R-4 NCD-8 AHOD” Residential Single-Family Woodlawn Lake Neighborhood Conservation Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for a 7.1’ variance from the Woodlawn Lake Neighborhood Conservation District design requirement of a minimum 20’ front setback to allow a structure to be 12.9’ from the front property line.
Executive Summary
The subject property is located on Waverly Avenue, approximately 190 feet west of Williams Avenue. The applicant is seeking a variance to keep a porch addition in the front yard, 12.9’ away from the front property line. The applicant built the porch addition without obtaining a permit. Code Enforcement initiated this case on March 15th, 2018 due to the front porch addition encroaching front building setback. Some nearby properties have similar front yard porches, at different front setback measurements.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-4 NCD-8 AHOD” Residential Single-Family Woodlawn Lake Neighborhood Conservation 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-4 NCD-8 AHOD” Residential Single-Family Woodlawn Lake Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-4 NCD-8 AHOD” Residential Single-Family Woodlawn Lake Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-4 NCD-8 AHOD” Residential Single-Family Woodlawn Lake Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-4 NCD-8 AHOD” Residential Single-Family Woodlawn Lake Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Near Northwest Community Plan and designated as Urban Low Density Residential in the future land use component of the plan. The property is within the boundary of the Woodlawn Lake Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Waverly 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 defined as the general health, safety, and welfare of the public. In this case, the public interest is represented by setbacks that maintain neighborhood character. The 12.9’ front setback is not contrary to public interest as it does not negatively impact any surrounding properties or the general public.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
If enforced, the ordinance would significantly increase physical hardship for the subject owner.
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 establish a cohesive theme. The request to reduce the front setback observes the intent of the code because the NCD stress the protection of front porches. The design will comply with the balance of the NCD design requirements.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the zoning district in which the variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized by the “R-4 NCD-8 AHOD” Residential Single-Family Woodlawn Lake Neighborhood Conservation 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 request will not injure the rights of neighboring properties as the reduction does not detract from the 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 plight of the owner for which the variance is sought is due to the front yard porch addition. The existing addition leaves ample space in the front yard and does not significantly alter existing conditions of the community.
Alternatives to Applicant’s Request
The alternative to the applicant’s request is to conform to the setback design standards set forth within the Unified Development Code, Woodlawn Lake Neighborhood Conservation District.
Staff Recommendation
Staff recommends APPROVAL of variance in A-18-143 based on the following findings of facts:
1. The variance is unlikely to detract from the character of the district, and;
2. The variance is unlikely to have a negative impact on the adjacent properties.
3. The applicant is adding a front porch, which is encouraged by the NCD, and needs relief from the setback requirement to comply with the stated intent of the NCD.