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Case Number: |
A-15-122 |
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Applicant: |
Richard Rosas |
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Owner: |
Richard and Petra Rosas |
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Council District: |
7 |
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Location: |
5218 Grovehill Drive |
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Legal Description: |
Lot 19, Block 15, NCB 14404 |
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Zoning: |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Kristin Flores, Planner |
Request
A request for a two foot variance from the minimum three foot side yard setback, as described in Section 35-370 (b), to allow an unattached carport to be located one foot from the side property line.
Executive Summary
The subject property is located at 5218 Grovehill Drive approximately 680 feet East of Chesterhill Drive. The applicant constructed an unattached carport one foot from the property line, without permits, and was cited by code. The carport, largely composed of high density polyethylene fabrics and metal, was constructed to provide protection for the applicant’s property. Staff noted, while the carport is attractive and well built, carports are rare within the community. Additionally, there is no special condition noted by the applicant which requires the carport to exceed permitted side setbacks.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-5 AHOD” Single-Family 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 |
“R-5 AHOD” Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-5 AHOD” Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-5 AHOD” Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-5 AHOD” Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the West/Southwest Sector Plan and currently designated General Urban Tier in the future land use component of the plan. The subject property is located within the boundaries of the Culebra Park neighborhood association. As such, the neighborhood association was 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, these criteria are represented by fence height limitations to protect home owners, and also to provide for a sense of community. The applicant constructed an unattached carport without a permit and was cited by Code Enforcement. The carport, largely composed of high density polyethylene fabrics and metal, does not increase the risk of fire. However, the pitch of the carport will likely increase water runoff on the neighboring property.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff is unable to determine any special conditions present on the subject property to grant variances to the side setback requirement. Had the applicant applied for a building permit, the setback issued could have been addressed prior to the construction of the carport.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested side setback variance would not result in substantial justice. As a result of the carport’s construction adjacent properties could experience increased water runoff.
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-5 AHOD” Multi-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.
While the carport was constructed professionally, the presence of an unattached carport is rare within the community and, thus, is not in keeping with the character of the community.
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 is unable to determine any unique circumstance present on the subject property to warrant a reduction of the side yard setback. The variances are requested because the carport was built without a building permit. As such, the plight of the owner was caused by the owner of the property.
Alternative to Applicant’s Request
The applicant needs to remove two feet from the carport to come into compliance with the three foot side setback limitation, as described in Section 35-514.
Staff Recommendation
Staff recommends DENAIL of A-15-122 based on the following findings of fact:
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1. |
There is no special condition present which requires the carport to exist beyond the permitted side setback; |
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2. |
The carport is its current location is rare and out of character with the community. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Site Plan
Attachment 4 - Site Photos