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Case Number: |
A-17-141 |
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Applicant: |
Idalia Perez |
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Owner: |
Idalia Perez |
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Council District: |
5 |
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Location: |
247 Humboldt Street |
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Legal Description: |
Lots 25 and 26, Block 7, NCB 7890 |
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Zoning: |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Shepard Beamon, Senior Planner |
Request
A request for 1) a two and a half foot variance from the five foot side setback, as described in Section 35-310.01, to allow a two and a half foot side setback and 2) a two foot variance from the five foot rear setback to have an accessory dwelling unit with a three foot rear setback, as described in Section 35-310.01, and 3) a special exception to allow a seven foot and three inch fence in the rear yard, as described in Section 35-514.
Executive Summary
The applicant is seeking a variance from both the rear and side setbacks to allow an accessory dwelling 2.5 feet from the side property line and two feet from the rear property line. The applicant constructed a two story accessory dwelling without permits and was cited by Code Enforcement. The applicant received a permit for a six foot fence in the rear yard, however, the applicant constructed a seven foot three inch fence in the rear yard along the side property line only.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-4 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-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Stinson Airport Vicinity Land Use Plan and designated for Low Density Residential uses in the future land use component of the plan. The subject property is located within the boundaries of the Tierra Linda 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. In this case, the public interest is represented by adequate setbacks to protect the rights of adjacent property owners. As the dwelling does not produce water runoff onto the adjacent property and allows for maintenance without trespass, the request is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Literal enforcement of the ordinance would require that the property owner remove the structure. As the owner has a large family, the removal of the structure would result in a hardship as the primary dwelling and lot are not large enough to accommodate appropriately.
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 exact letter of the law. The intent of the Code is to provide a minimum setback to establish safe and uniform development for the City of San Antonio. As the request will provide room for maintenance, the request will observe the spirit of the ordinance. The applicant will still be required to construct the dwelling to meet the building and fire codes and pass the necessary inspections.
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 in the “R-4 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.
During site visits, staff observed several accessory dwellings and structures in the rear yards, many of which also appear to be within the setback or on the property line. The request is not out of 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 configuration of the lot, including the existing home and the location of parking in the rear made the current location of the accessory dwelling an ideal location for construction.
According to Section 35-399.03 of the UDC, in order for a special exception to be granted, the Board of Adjustment must find that the request meets each of the five following conditions:
A. The special exception will be in harmony with the spirit and purpose of the chapter.
The UDC allows eight (8) foot rear fences as a special exception, authorized under certain circumstances in accordance with specific factors as described in this report. In the case, the seven foot three inch tall, predominantly open fence does not exceed the allowed amount allowed with a special exception. The fence was built for additional security and is in harmony with the spirit of the chapter.
B. The public welfare and convenience will be substantially served.
The public welfare and convenience can be served by the added protection of higher rear yard fencing, allowing the owner to protect the subject property.
C. The neighboring property will not be substantially injured by such proposed use.
The side yard fencing will create enhanced security for subject property and is highly unlikely to injure adjacent properties, as it does not immediately abut a neighboring driveway.
D. The special exception will not alter the essential character of the district and location in which the property for which the special exception is sought.
Side yard wrought iron fencing is not out of character in this neighborhood. Thus, granting the exception will not be detrimental to the character of the district.
E. The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.
The purpose of the fencing standards is to protect the health, safety and general welfare of the public, enhance property values, and improve the appearance of the community. The fence does not detract from the appearance of the district and does not harm the general public. Therefore, the requested special exception will not weaken the general purpose of the district.
Alternative to Applicant’s Request
The applicant would have to comply with established setbacks and fence heights.
Staff Recommendation
Staff recommends APPROVAL of the requested variances and special exception in A-17-141 based on the following findings of fact:
1. The requests do not harm the adjacent property owners; and
2. The requests do not detract from the overall appearance and character of the district.