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Case Number: |
A-16-132 |
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Applicant: |
Michael G. Miles |
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Owner: |
Michael G. Miles |
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Council District: |
4 |
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Location: |
10214 Prescott Drive |
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Legal Description: |
Lot 20, Block 8, NCB 15910 |
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Zoning: |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Logan Sparrow, Senior Planner |
Request
A request for 1) a 15 foot variance from the 20 foot platted front setback, as described in Section 35-516(o), to allow a carport to be five feet from the front property line and 2) a four foot variance from the required five foot side yard setback, as described in Section 35-310.01, to allow a carport with an eave overhang to be one foot from the side property line.
Executive Summary
The subject property is located at 10214 Prescott Drive, just south of the intersection of Prescott Drive and White Rock Drive. The applicant built a large carport, without permits, and was cited by Code Enforcement on July 7, 2016. Per the applicant, the carport was designed to protect handicapped vehicles and helps to provide shade for children waiting for the bus. During the field visit, staff noted the presence of no other carports encroaching into the front setback along Prescott Drive. The carport is very large, measuring 25 feet deep by 30 feet wide, totaling 750 square feet in area; the carport has become the dominant feature on the property. The carport has an eave overhang that is located one foot from the side property line, with posts three feet away. Because the carport is attached to the home, it is required to be five feet from the side property line.
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Existing Zoning |
Existing Use |
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“R-6 AHOD” Residential 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-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Drainage Easement |
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East |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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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/Southwest Sector Plan and designated as Suburban Tier in the future land use component of the plan. The subject property is not located within any neighborhood association.
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 to ensure compatible and safe development within the City of San Antonio. The carport is made of metal, which helps to address fire concerns. However, the eave of the carport is located one foot from the side property line. Water running off of the roof, especially with such a steep pitch, likely falls on the adjacent property; there are no gutters on this carport. As such, staff finds that the request is contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff is unable to establish a special condition that warrants the requested variances. Reducing the size of the carport would result in no unnecessary hardship, and will benefit the community.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested variance will not result in substantial justice. The applicant wishes to keep the carport five feet from the front property line. Even if not for the platted setback, the applicant would still need to reduce the zoning setback by half to allow the structure to remain.
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 requested variance will alter the essential character of the district. Staff was unable to find any other carport on Prescott Drive that encroaches into the front or side setback. Staff finds that an alternate recommendation allowing the carport to be three feet from the side property line, and ten feet from the front property line, would be more in keeping with 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 establish a unique circumstance that merits the granting of the requested variances. Had the applicant have applied for a building permit, staff could have advised on the best method to build the structure. Setbacks are found in all residential districts - they are not a special condition present within this community.
Alternative to Applicant’s Request
Staff recommends that the applicant remove the eave to be three feet from the side property line and remove five feet from the front of the carport to maintain a ten foot front setback.
Staff Recommendation
Staff recommends DENIAL, with an alternate recommendation of APPROVAL for the variance requests in A-16-132 based on the following findings of fact:
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1. |
Staff can find no special conditions that warrant the granting of the variance and that the carport, as designed, detracts from the character of the community; |
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2. |
Scaling back the carport to be three feet from the side property line and ten feet from the front property line would still allow the property owner the ability to protect their vehicles and be more in keeping with the community. |