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Case Number: |
BOA-20-10300070 |
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Applicant: |
Fernando De Leon |
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Owner: |
Fernando De Leon |
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Council District: |
2 |
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Location: |
1253 East Crockett Street |
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Legal Description: |
Lot East 34.6 feet of Lot 38 & South 7.2 feet of East 34.6 feet of Lot 37, Block 1, NCB 1373 |
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Zoning: |
”RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
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Case Manager: |
Azadeh Sagheb, Planner |
Request
A request for a 1,900 square feet variance from the minimum lot size square footage of 4,000, as described in Section 35-310.01, to allow a lot to be 2,100 square feet.
Executive Summary
The subject property is a corner lot located at East Crockett and North Monumental Street, within the Dignowity Hill historic district. The neighborhood is surrounded by residential and commercial properties. The property is a shallow depth lot and currently vacant. The applicant is requesting a variance from the minimum lot size to be able to develop a 2-story residence on this lot. The Historic and Design Review Commission (HDRC) has reviewed and approved the proposed site plan. The approved site plan also complies with the setback requirements.
Code Enforcement History
No Code Enforcement record exists on this property.
Permit History
No relevant permits have been processed for this property.
Clear Vision Review
A review of Clear Vision is not required.
Zoning History
The subject property is located within the original 36 square miles of the City of San Antonio and previously zoned as “R-2” Two-Family Residence District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May 03, 2001, the property converted from “R-2” Two-Family Residence District to the current “RM-4” Residential Mixed District.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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”RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
Residential |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
”RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
Residential |
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South |
” R-4 H AHOD” Single-Family Residential Dignowity Hill Historic Airport Hazard Overlay District |
Recreation Facility |
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East |
”RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
Residential |
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West |
”RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
Residential |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is in the Dignowity Hill Neighborhood Plan and is designated “Low-Density Residential” in the future land use component of the plan. The subject property is in the boundaries of the Dignowity Hill Neighborhood Association and as such, they were notified and asked to comment.
Street Classification
East Crockett and North Monumental are classified as local streets.
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.
In this case, the variance is not contrary to the public interest as the applicant is willing to develop a vacant lot. The surrounding area consists of single-family residential, so if the requested variance is granted the intended construction will maintain the historic character of the neighborhood.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff finds that any special conditions that, if enforced, would result in unnecessary hardship. The subject property is shallow in depth and its square footage is below the Code requirement. So, literal enforcement of the ordinance would make the applicant not to be able to construct the house as intended.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The intent of the minimum lot dimensions is to create uniformity and protect public health, safety, and welfare. In this case, the proposed development will meet the setback requirement. The HDRC also determined its consistency with the surrounding historic properties.
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 permitted 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.
The request to reduce the lot size do not pose a risk of substantially injuring the use of adjacent properties and does not seem 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 that the unique size of the lot shall warrant the granting of this request. The applicant was informed of the limitations incurred by the ordinance and submitted the request for a variance prior to construction.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to the Lot Dimensions of the UDC Section 35-310.01.
Staff Recommendation
Staff recommends Approval of the zoning variance in BOA-20-10300070 based on the following findings of fact:
1. The lot size of the property is 2,100 square feet, and;
2. The proposed structure will maintain the minimum side setbacks once developed, and;
3. The proposed development will remain in harmony with the character of the historic district.