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File #: 16-3557   
Type: Zoning Case
In control: Board of Adjustment
On agenda: 6/20/2016
Posting Language: A-16-099: A request by Jose Vasquez for a twelve (12) foot variance from the twenty (20) foot platted front setback to allow a carport to be eight (8) feet from the front property line, located at 1326 Bay Horse Drive. (Council District 4)
Attachments: 1. A-16-099 Attachments
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Case Number:

A-16-099

Applicant:

Jose Vasquez

Owner:

Jose Vasquez

Council District:

4

Location:

1326 Bay Horse Drive

Legal Description:

Lot 24, Block 6, NCB 15859

Zoning:

“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District

Case Manager:

Shepard Beamon, Planner

Request

A request for a twelve (12) foot variance from the twenty (20) foot platted front setback, as described in Section 35-516 (O), to allow a carport to be eight (8) feet from the front property line.

Executive Summary

The applicant currently resides in the Lackland City Subdivision, a subdivision that was recorded in 1973. The subdivision plat includes a 20 foot platted front setback. The applicant wishes to build a carport 8 feet from the front property line, but due to the 20 foot platted front setback must be granted a variance before he can construct the proposed carport. The applicant began construction of the carport and was cited by code.

Subject Property Zoning/Land Use

 

Existing Zoning

Existing Use

“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

 

Surrounding Zoning/Land Use

 

Orientation

Existing Zoning District(s)

Existing Use

North

“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

South

“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

East

“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

West

“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

 

Comprehensive Plan Consistency/Neighborhood Association

The property is within the boundaries of the West Sector Plan and currently designated as Suburban Tier in the future land use component of the plan.  The subject property is located within the Heritage Neighborhood Association, a voluntary 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 proposed eight (8) feet in the front of the property provides this streetscape protection in other areas.  Since the carport meets the side setback 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. (Allowing a reduced front setback will provide equal treatment for all residential properties.)

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. The 8 feet front setback represents the ordinance and the proposed carport meets this spirit.

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-6 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.

The carport will be an attractive addition to the home when it is completed. A twelve (12) foot variance from the twenty (20) foot platted setback will not cause harm to adjacent properties. Additionally, the property will still have room for maintenance without trespass.

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 twenty (20) foot platted front setback poses an additional barrier to property development and does not provide this property owner equal rights for development.

 

Alternative to Applicant’s Request

 

The applicant could remove the platted setback.

 

Staff Recommendation

 

Staff recommends APPROVAL of the requested variance in A-16-099 based on the following findings of fact:

 

1. The proposed carport meets the spirit of the code and will not pose an increased fire risk or water runoff to adjacent properties.