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Case Number: |
A-15-162 |
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Applicant: |
Luis Gerlein |
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Owner: |
Luis Gerlein |
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Council District: |
1 |
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Location: |
414 Everest Avenue and 1603 West Terra Alta |
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Legal Description: |
Lots 83 & 84, NCB 11888 |
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Zoning: |
“R-3 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Kristin Flores, Planner |
Request
A request for 1) a variance from the requirement to dedicate parks and open space as described in Section 35-310.05b(5); 2) a 2 foot 4 inch variance from the minimum lot depth of 75 feet as described in Section 35-310.05b(3f); and 3) a 10 foot variance from the maximum 12 foot driveway width, as described in Section 35-310.05b(8b), to allow 7 new lots with 3,200 square feet and 2 car garages.
Executive Summary
The subject property is located at 414 Everest Avenue and 1603 West Terra Alta on the corner of Everest Avenue and Terra Alta. This area is currently undergoing much revitalization and new construction. The subject property was rezoned in May 2015 from the “R-5” base zone to “R-3” base zone to accommodate the subdivision of the subject property. The combinations of required standards for the “R-3” base zone and the non-traditional lot dimensions have posed constraints for the addition of new housing stock to the subject property.
According to the “R-3” development standards, lots are required to have at least three thousand (3,000) square feet with a minimum width of twenty (20) feet and a minimum depth of seventy five (75) feet. The “R-3” development also require two (2) spaces per dwelling unit including garage or carport area and limits the driveway width to twelve (12) feet. In addition, each lot must have 500 contiguous square feet within the boundaries of the rear yard and one (1) acre of open/park space must be built for every seventy (70) units. If a public park is located within a mile of development or a school park, with which the developer has a joint use agreement, the requirement can be waived. A fee in lieu of park/open space dedication is not permitted in “R-3” subdivisions.
As it stands now, the development is planned for 7 units requiring 0.1 acres, approximately 19% of the developable land, to be developed as park/open space. The subject property is located approximately half a mile away from a school park. However, the school park is located in Alamo Heights Independent School District and the school leaders denied a joint use agreement. According to the applicant, these facilities are used by community members on a regular basis.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-3 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single Family Residence/Vacant Lot |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“MF-40 AHOD” Multi-Family Residential Airport Hazard Overlay District |
Apartment Complex |
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South |
“R-5 AHOD” Single-Family Residential Airport Hazard Overlay District |
Single Family Residence |
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East |
“MF-40 AHOD” Multi-Family Residential Airport Hazard Overlay District |
Apartment Complex |
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West |
“MF-40 AHOD” Multi-Family Residential Airport Hazard Overlay District |
Apartment Complex |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the San Antonio International Airport Vicinity Neighborhood Plan and is designated as Medium 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 “R-3” single family residential development standards to protect home owners, and also to provide for a sense of community. The requested variances are not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special condition in this case is the close proximity of the proposed development to a school park and the additional development requirement to include 500 contiguous square feet of open space with the boundaries of the rear yard.
The special condition present in the approval of a reduced lot depth is a lot width approximately twice the required size. This additional width allows for substantial room for development.
The special condition present in the approval of an increased driveway width is an accommodation to provide access to the required minimum of two (2) parking spaces per dwelling unit and a lot width over twice the required minimum.
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 elimination of the requirement to dedicate parks and open space is countered by the close proximity to a school park and open space required in the rear yard of each home. The additional lot width affords additional space lost by the limited lot depth. Providing access to the required minimum of two (2) parking spaces is a reasonable request. Therefore, the requested variances observe 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 “R-3 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 surrounding neighborhood is being developed as a mix of multi-family and single family residences. The properties directly to the East and West are both multi-family residences. The proposed development is not likely to increase fire risk, cause increased water runoff, or injure adjacent property. Therefore, the requested variances will not negatively alter the character of the district.
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 includes close proximity to a school park, required open space in the rear of homes, and non-traditional lot dimensions. This is not merely financial and was not created by the property owner.
Alternative to Applicant’s Request
The applicant cannot re-plat the subject property as proposed and must adhere to standard development guidelines, as described in Section 35-310.05.
Staff Recommendation
Staff recommends APPROVAL of variances in A-15-162 based on the following findings of fact:
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1. |
The subject property meets the spirit of the code by providing open space through the close proximity to a school park and contiguous 500 square feet of open space in the rear of each residence; |
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2. |
The lot width, approximately twice the required width, compensates for space lost by a reduction in the lot depth; |
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3. |
The additional driveway width is necessary to provide access to the two (2) required parking spaces per dwelling unit; |
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4. |
The proposed variances will not alter the character of the community. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Site Plan
Attachment 4 - Site Photos