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Case Number: |
A-18-141 |
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Applicant: |
Elbert Fuqua |
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Owner: |
Elbert Fuqua |
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Council District: |
2 |
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Location: |
1836, 1838, and 1840 East Crockett Street |
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Legal Description: |
Lots 18-20, Block 1, NCB 6329 |
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Zoning: |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for up to a 9” variance from the required 5’ side setback, as described in Section 35-310.01, to allow a structure to be built as close as 4’3” away from the 5’ side property line.
Executive Summary
The subject property is located at 1836, 1838, and 1840 East Crockett Street, approximately 190 feet from North Mittman Street. The applicant is seeking a variance to build 3 new homes, each on a separately platted lot. The applicant is seeking a 9” variance to allow for the new homes to be as little as 4’3” from the property line. Initially the applicant had requested a 6” administrative exception setback in order to fit 16’ wide slab foundation for the new structures. The property was surveyed after Bexar County Appraisal District showed that it was 75’ wide. After pouring the concrete slab the survey the results found the lot is actually 74.57’ wide. The applicant wants all structures to be complaint with Code and ensure no future construction errors.
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 |
Under Construction - Single-Family Dwellings |
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 Arena District/Eastside Community Plan and designated as Medium Density Residential in the future land use component of the plan. The subject property is within the Jefferson Heights Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
East Crockett Street is classified as a local street.
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. The proposed structures meet front and rear setback requirements. Allowing the structures to be 4’3” from the side property line will leave room for maintenance, and provides ample space for rainwater runoff and fire rating concerns.
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 being able to build the 3 structures as proposed.
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 the intent of the code, rather than the strict letter of the law. In this case, the intent of the setback is to allow room for maintenance and to provide safe separation. A 4’3” side setback would satisfy this intent. The spirit of the ordinance is further observed in that the structures meet all front and rear setbacks.
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-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.
There are several properties within the community that benefit from reduced side setbacks. The request would not be 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 applicant will have to remove poured slab to meet the 5’ side setback. The plight of the owner is not merely financial in nature, rather, it resulted from incorrect information on the Bexar County Appraisal District website.
Alternative to Applicant’s Request
The applicant would have to comply with the side setback.
Staff Recommendation
Staff recommends APPROVAL of the requested variance A-18-141 based on the following findings of fact:
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1. |
The request does not negatively impact surrounding property owners; and |
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2. |
The proposed side setback reduction is common in the area. |