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Case Number: |
A-16-040 |
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Applicant: |
Frank Cruz |
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Owner: |
Frank Cruz |
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Council District: |
4 |
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Location: |
5850 Sandy Valley Drive |
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Legal Description: |
Lot 3, Block 128, NCB 15264 |
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Zoning: |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
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Case Manager: |
Margaret Pahl, AICP Senior Planner |
Request
A request for a 24 foot variance from the official 30 foot platted front setback to allow a carport to be 6 feet from the front property line.
Executive Summary
The applicant currently resides in the Lackland City Subdivision, a subdivision that was recorded in 1968. The lot includes approximately 9,650 square feet, with a home built in 1968. The subdivision plat includes a 30 foot front setback and a 10 foot rear setback. The applicant has started to construct a new carport to replace the flat metal roof one that was built when the house was built. The applicant was cited by Code Enforcement for construction without a building permit. In looking through the neighborhood, many homes have both types of carports, either the flat roof or the more modern gable roof version. Of those newer versions noted, none sought permits. As with many property owners, the applicant did not know about the platted setback or the exact location of the front property line.
Subject Property Zoning/Land Use
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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 currently designated as Low-Density Residential in the future land use component of the plan. The subject property is located within the People Active in Community Effort Neighborhood Association. As such, the neighborhood was notified and asked to comment.
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 setback limitations to protect property owners and create a cohesive streetscape. The City’s zoning setback of 10 feet provides this streetscape protection in other areas. Since the carport meets the side setback and staff found so many similar carports, a modified 20 foot variance would not be 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 platted setback would not allow any carport, even the original one. Since this new gabled roof carport is being built throughout the neighborhood, literal enforcement for this owner would result in an unnecessary hardship. Providing equal treatment of enforcing the 10 foot zoning setback is not a hardship.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance represents the intent of the requirement. In this case, the large setback was platted into the neighborhood by the builder, Ray Ellison. The City zoning setback is 10 feet and represents the ordinance. The applicant has begun construction not understanding the street right of way encroachment into the front yard. If the front “wall plane” were moved back 4 feet, the carport would meet zoning setbacks, observing the spirit of the ordinance.
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.
The carport will be an attractive addition to the home when it is completed and since several others have been built within the neighborhood it will not alter the character of the district. A 20 foot variance from the 30 foot platted setback will be equivalent to the City’s established standard for front 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 applicant was unaware of the platted setback and was unaware of the exact location of the front property line. The City of San Antonio has an established 10 foot front setback, applied in all residential districts.
Alternative to Applicant’s Request
The applicant could remove the platted setback and build to the 10 foot zoning setback.
Staff Recommendation
Staff recommends APPROVAL of an alternative variance of 20 feet to allow the structure 10 feet from the front property line in A-16-040 based on the following findings of fact:
1. The applicant is replacing the original carport built over 50 years ago.