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Case Number: |
A-17-003 |
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Applicant: |
Steve & Brenda Scott |
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Owner: |
John Stephen Scott & Brenda Scott |
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Council District: |
9 |
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Location: |
2723 Oak Bluff |
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Legal Description: |
Lot 49, Block 1, NCB 14131 |
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Zoning: |
“R-6 NCD-4” Residential Single-Family Whispering Oaks Neighborhood Conservation District |
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Case Manager: |
Margaret Pahl, AICP, Senior Planner |
Request
A request for a 13 foot variance from the 30 foot platted front setback, as described in Section 35-516 (o) and the 30 foot Whispering Oaks Neighborhood Conservation District front setback, as described in Section 35-335, to allow a carport to be built 17 feet from the front property line.
Executive Summary
The subject property includes an 11,400 square foot lot in the Whispering Oak Subdivision, recorded in 1968. The plat includes a 30 foot platted front building setback, triggering the need for a variance to allow the proposed construction of a carport. In addition, the Whispering Oak Neighborhood Conservation District (NCD) Standards, adopted in 2005, also codified this minimum front setback. The applicant began construction of a carport, measuring 16 feet wide by 18 feet deep, and was cited by Code Enforcement and instructed to request a building permit. If approved, the carport as proposed will be 17 feet from the front property line. The applicant is proposing to enhance the carport by using matching building materials and roof pitch in compliance with the NCD provisions. These are the only applicable NCD standards.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6 NCD-4” Residential Single-Family Whispering Oaks Neighborhood Conservation District |
Single-Family Home |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-6 NCD-4” Residential Single-Family Whispering Oaks Neighborhood Conservation District |
Single-Family Home |
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South |
“R-6 NCD-4” Residential Single-Family Whispering Oaks Neighborhood Conservation District |
Single-Family Home |
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East |
“R-6 NCD-4” Residential Single-Family Whispering Oaks Neighborhood Conservation District |
Single-Family Home |
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West |
“R-6 NCD-4” Residential Single-Family Whispering Oaks Neighborhood Conservation District |
Single-Family Home |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the North Sector Plan and currently designated as Suburban Tier in the future land use component of the plan. The subject property is located within the boundaries of the Whispering Oak Neighborhood Association. As such, they 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, the public interest is represented by the minimum setbacks. The proposed carport will be 17 feet from the front property line, providing adequate setback in the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Literal enforcement of the ordinance will eliminate the potential for additional covered parking. The proposed front setback, while it is shorter than most in this neighborhood, will allow the owner a small area of covered parking.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance is the intent of the Code, rather than the strict letter of the law. In this case, the intent is to provide large open front yards, with tree preservation. The addition of covered parking remains 17 feet from the property line, which is another 10 feet behind the curb, meeting the intent of the code.
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 variances will not authorize the operation of a use on the subject property other than those specifically permitted in the “R-6 NCD-4” Residential Single-Family Whispering Oaks Neighborhood Conservation 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 proposed carport will remain with a large 17 foot setback, be covered with building materials matching those of the house and therefore, the variance will not alter the character of the district.
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 is that the carport is located in a neighborhood with both a 30 foot front setback and NCD requirements that also require a 30 foot front setback. This is not merely financial and not created by the owner.
Alternative to Applicant’s Request
Without the requested variance, the owner will not be permitted to add a carport to the house.
Staff Recommendation
Staff recommends APPROVAL of the requested variance, detailed in A-17-003 based on the following findings of fact:
1. The proposed setback is still more than 25 feet from the street edge; and
2. The applicant has designed a carport to satisfy the additional NCD design standards required to ensure compatibility.