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Case Number: |
A-16-127 |
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Applicant: |
Javier Rios |
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Owner: |
Javier and Anita Rios |
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Council District: |
4 |
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Location: |
5534 Cool Valley Drive |
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Legal Description: |
Lot 11, Block 119, NCB 15273 |
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Zoning: |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
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Case Manager: |
Shepard Beamon, Senior Planner |
Request
A request for a 20 foot variance from the 30 foot platted front setback, per Section 35-516, to allow a carport to be 10 feet from the front property line.
Executive Summary
The subject property is located at 5534 Cool valley Street, approximately 621 feet west of Sunset Valley Road. The applicant is seeking a variance to allow for a carport to encroach into the platted front setback. The carport meets the side setback.
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Existing Zoning |
Existing Use |
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“NP-8 AHOD” Neighborhood Preservation 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 |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the United Southwest Community Plan and designated as Low Density Residential in the future land use component of the plan. The subject property is located within the boundaries of the Valley Forest Neighborhood Association. Also, the subject property is located within 200 feet of the People Active in Community Effort Neighborhood Association. As such, both organizations 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 minimum setbacks that help to establish uniform and safe development within the City of San Antonio. Five other homes on the block have carports that encroach into the front setback. Further, the proposed carport meets the side setback requirement. Because it does not encroach into the side setback and because the design will be ten feet from the front property line, staff finds that 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.
A literal enforcement of the ordinance would result in the applicant not having any space for a carport. Staff finds that this results in an unnecessary hardship.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested variance will result in substantial justice in that the property owner will be able to build a carport to protect their vehicles, just as several other home owners on the block have. Further, the spirit of the ordinance is observed in that the carport meets side setbacks, does not pose a fire risk, and will not drain water onto adjacent properties.
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 “NP-8 AHOD” Neighborhood Preservation 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.
Adjacent properties are unlikely to be negatively affected by the requested changes in that the proposed carport design meets the side setback.
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 of the property is the platted front setback. The plight of the owner is not merely financial in nature.
Alternative to Applicant’s Request
The applicant would have to comply with the platted front setback.
Staff Recommendation
Staff recommends APPROVAL of A-16-127 based on the following findings of fact:
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1. |
The carport will not present a fire risk to adjacent properties, nor will it drain water onto adjacent properties. |
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2. |
Several other homes on the block enjoy front yard carports. |