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Case Number: |
A-15-146 |
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Applicant: |
Alfred Talamantez |
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Owner: |
Alfred Talamantez |
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Council District: |
1 |
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Location: |
612 West Elsmere Place |
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Legal Description: |
Lots 24 & 25, Block 15, NCB 3614 |
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Zoning: |
“RM-4 NCD-2 AHOD” Mixed Residential Alta Vista Neighborhood Conservation Airport Hazard Overlay District |
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Case Manager: |
Kristin Flores, Planner |
Request
A request for 1) a 12 foot variance from the maximum driveway width, as described in the Alta Vista Neighborhood Conversation District Residential Design Standards, to allow 24 foot wide driveways; 2) a variance from the lot limitation of 1 driveway, as described in the Alta Vista Neighborhood Conversation District Residential Design Standards, to allow 2 driveways; 3) a variance from the requirement that multi-family parking be located in the rear yard, as described in the Alta Vista Neighborhood Conversation District Residential Design Standards, to allow parking in the front yard; and 4) a 5 foot variance from the maximum 3 foot solid screen, as described in Section 35.314 (d), fence to allow an 8 foot fence in a portion of the front yard.
Executive Summary
The subject property is located at West Elsmere Place approximately 215 feet west of North Flores Street and approximately 90 feet from railroad ROW. The applicant is the owner of a multi-family residence. The property has recently been updated to accommodate parking for a multi-family residence. However, due to a median in the street, only a portion of the parking area is accessible to the residents. The requested variances 1, 2, & 3 will allow for full use of the current parking area located in the front of the home to remain. Lastly, in an effort to provide more privacy and a sound barrier for residents, the applicant erected an 8 foot fence on a portion of the front yard.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“RM-4 NCD-2 AHOD” Residential Mixed Alta Vista Neighborhood Conservation Airport Hazard Overlay District |
Multi-Family Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-6 NCD-2 AHOD” Residential Single Family Alta Vista Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“RM-4 NCD-2 AHOD” Residential Mixed Alta Vista Neighborhood Conservation Airport Hazard Overlay District and “R-6 NCD-2 AHOD” Residential Single Family Alta Vista Neighborhood Conservation Airport Hazard Overlay District |
Multi-Family Dwelling and Single-Family Dwellings |
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East |
“RM-4 NCD-2 AHOD” Residential Mixed Alta Vista Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
Right of Way |
Railroad Tracks |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the Midtown Neighborhood Plan and is designated as Low Density Residential in the future land use component of the plan. The subject property is located within the boundaries of the Alta Vista and Beacon Hill Neighborhood Associations. As such, both neighborhood associations 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, these criteria are represented by design standards in the Alta Vista Neighborhood Conservation District to protect home owners, and also to provide for a sense of community.
Staff is recommending approval of the requested variances as none are contrary to the public interest. The variances will not increase fire hazard or water runoff to adjacent properties. In fact, the requested variances will enhance the adjacent properties by providing an additional sound barrier and ensuring on-street parking by residents is eliminated at adjacent properties.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special condition in this case is the location of the current home in relation to traffic median and design standards triggered by the proximity to railroad. The applicant built parking, with pervious pavers, in the front of the home to provide residential parking. However, as it stands now, only a portion of the driveway is accessible. The proximity to the railroad has triggered the need for additional fence height to provide privacy and serve as a sound barrier for current residents.
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. Providing adequate parking, of good design, is within the spirit of the ordinance. In addition, providing additional privacy and a sound barrier is in keeping with the ordinance and substantial justice will be served.
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 “RM-4 NCD-2 AHOD” Residential Mixed Alta Vista Neighborhood Conservation 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 parking area, as it stands now, is built with pervious pavers, and ensures adequate parking for residents thus eliminating on-street parking. In addition, the fence is directly adjacent to the railroad right of way. Each proposed variance is 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.
The unique circumstance in this case is the close proximity to the railroad right of way. This proximity has led the applicant to provide more security and privacy for the residents. The variances for the driveway are a result of the traffic median constructed due to the proximity to the railroad. This plight is not created by the owner of the property or merely financial.
Alternative to Applicant’s Request
The applicant must abide by all Design Standards, as described in the Alta Vista Neighborhood Conversation District Residential Design Standards
The applicant must reduce the height of the solid screen fence to three feet, as described in Section 35.314 (d).
Staff Recommendation
Staff recommends APPROVAL of all variance requests in A-15-146 based on the following findings of fact:
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1. |
The requested variances, in relation to the parking area, will not increase fire hazard or water runoff to adjacent properties and will ensure residents do not utilize on-street parking; |
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2. |
The additional fence height will provide increased privacy and serve as a sound barrier for residents; |
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3. |
The proposed variances are in keeping with the character of the community. |