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Case Number: |
BOA-21-10300097 |
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Applicant: |
Emanuel Ardelean |
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Owner: |
Emanuel & Mihaela Ardelean |
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Council District: |
8 |
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Location: |
11511 Clifton Forge Drive, San Antonio, TX 78230 |
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Legal Description: |
Lot 50, Block 17, NCB 14272 |
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Zoning: |
"R-6" Residential Single-Family District |
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Case Manager: |
Roland Arsate, Planner |
Request
A request for two separate structures:
Structure built on the northwestern side of the property:
1) a 3’ 10” variance from the minimum 5’ side setback, as described in Section 35-310, to allow a structure to be 2’ 2” from the side property line
Structure built on the southeastern side of the property:
2) a 1’ 8” variance from the minimum 5’ side setback, as described in Section 35-310, to allow a structure to be 3’ 4” from the side property line.
Executive Summary
The subject property is located near the intersection of Clifton Forge Drive and Shenandale Street. The structure on the subject property is facing Clifton Forge Drive. The request is for a variance to the side yard setback for new detached carport on the right side of the existing structure and a variance for the detached carport for the left side of the existing structure.
Code Enforcement History
05/20/2021 Investigation for carport built on property lines.
Permit History
No permits have been pulled for either carport that was constructed.
Zoning History
The subject property was annexed by the City of San Antonio by Ordinance 37557, dated July 10, 1969 and was zoned Temporary “R-1” Single-Family Residential District. The zoning converted from “R-1” to the current “R-6” Residential Single-Family District upon adoption of the 2001 Unified Development Code (Ordinance 93881, dated May 3, 2001).
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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"R-6" Residential Single-Family District |
Single-Family Residence |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
"R-6" Residential Single-Family District |
Single-Family Residence |
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South |
"R-6" Residential Single-Family District |
Single-Family Residence |
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East |
"R-6" Residential Single-Family District |
Single-Family Residence |
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West |
"R-6" Residential Single-Family District |
Single-Family Residence |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is located in the North Sector Plan and is designated “Suburban Tier” in the future land use component of the plan. The subject property is located within the Shenandoah/Vance Jackson Neighborhood Association and were notified of the case.
Street Classification
Clifton Forge Drive is classified as a Local Road.
Criteria for Review - Variances
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. The applicant is requesting a 3’ 10” variance to the 5’ side setback (right side), which is contrary to the public interest. Staff recommends an alternate recommendation to allow the structure to be 3’ from the northwestern property line.
The applicant is requesting a 1’ 8” variance to the 5’ side setback (left side), which is not contrary to the public interest. Staff finds the 3’ between the structure and the southeastern property line provides adequate space.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
A literal enforcement of the ordinance would result in the applicant needing to relocate the post 5’ from side property line. The structure on the northwestern side of the property is currently 2’ 2” from the property line, and staff is recommending to move the structure to be 3’ away.
The structure on the southeastern side is currently 3’ 4” away from the side property line which maintains the spirit of the ordinance.
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. With the alternate recommendation, the structure on the northwestern side will be maintaining 3’ from the northwestern property line, and 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. With the structure to the left of the dwelling maintaining 3’ 4” from the left side property line, the spirit of the ordinance will be observed and substantial justice will be done.
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.
No uses other than those allowed within the district will be allowed with this variance.
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.
If the alternate recommendation is granted for the structure on the northwestern side of the property, the detached carport will maintain 3’ from the northwestern property line, which is not likely to alter the essential character of the district. There are other similar structures in the surrounding area.
If the second variance request is granted for the structure on the southeastern side of the property, the detached carport will maintain 3’ 4”, from the southeastern side property line which is not likely to alter the essential 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.
Staff finds the plight of the owner of the property for which the variance is sought is not due to unique circumstances existing on the property. The structures facing Clifton Forge Road did not already exist and encroached into the right and left side setback.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to the Lot and Setback Dimension Regulations of Section 35-510.
Staff Recommendation - Side Setback Variances
Staff recommends Denial for the structure built on the northwestern side of the property with an alternate recommendation of a 2’ variance to allow a detached carport to be 3’ from the northwestern property line in BOA-21-10300097 based on the following findings of fact:
1. The detached carport is currently 1’ 2” away from the northwestern property line (to the right of the dwelling); and
2. The detached carport is encroaching within 3’ of the side setback which requires fire-rating with no opening and no roof overhang; and
3. Rain gutters shall be installed to prevent water run off onto neighboring properties; and
4. There are other carports in area with similar setbacks.
Staff recommends Approval for the structure built on the southeastern side of the property in BOA-21-10300097 based on the following findings of fact:
5. The detached carport will be 3’ 4” away from the southeastern property line (to the left of the dwelling); and
6. The carport does not encroach within 3’ of the side yard; and
7. The carport is constructed of a metal material which reduces the risk of fire hazard; and
8. There are other carports in area with similar setbacks.