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Case Number: |
A-16-137 |
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Applicant: |
Dena Schmidt Chenault |
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Owner: |
Dena Schmidt Chenault |
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Council District: |
10 |
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Location: |
9711 Astronaut Drive |
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Legal Description: |
Lot 3, Block 1, NCB 13636 |
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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 a ten foot variance from the platted 30 foot front setback, as described in Section 35-516(o), to allow a carport to be 20 feet from the front property line.
Executive Summary
The subject property is located at 9711 Astronaut Drive, approximately 430 feet northwest of Nacogdoches Road. The applicant is seeking a variance to allow for the construction of a 20 foot deep carport. The applicant started construction of the carport without a permit and was cited by Code Enforcement on July 08, 2016. The 20 foot deep carport would encroach into the platted front setback by only ten feet and is still set back double the distance required by the zone. The carport meets the side setback requirement.
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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 |
Single-Family Dwelling |
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East |
“C-2 AHOD” Commercial Airport Hazard Overlay District |
Retail |
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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 San Antonio International Airport Vicinity Plan and designated as Low-Density Residential 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 proposed carport encroaches only ten feet into the platted 30 foot front setback. Further, the proposed carport meets the side setback requirement. Staff finds that the request is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special condition present in this case is the presence of a large platted front setback. The applicant seeks to encroach into that setback by only ten feet. Staff finds that not allowing the applicant to do so would constitute an unnecessary hardship in that the depth permitted is insufficient to protect their vehicles.
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 in that it allows the applicant to protect their vehicles with minor encroachment.
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 is unlikely to alter the essential character of the district. Permitting ten feet of encroachment is unlikely to even go noticed, let alone detract from the neighborhood when considering that the structure is still 20 feet from the front property line.
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 present in this case is the large platted front setback. If not for that, the zoning only requires the applicant to remain ten feet from the front property line.
Alternative to Applicant’s Request
The applicant would have to comply with all required setbacks.
Staff Recommendation
Staff recommends APPROVAL for the variance request in A-16-137 based on the following findings of fact:
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1. |
The carport encroachment is unlikely to go noticed; |
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2. |
The carport encroaches only ten feet into the platted front setback and is double what is required by the zone. |