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Case Number: |
A-17-001 |
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Applicant: |
Kenneth Burts |
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Owner: |
Kenneth Burts |
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Council District: |
10 |
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Location: |
3119 Satellite Drive |
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Legal Description: |
Lot 5, Block 6, NCB 13641 |
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Zoning: |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Shepard Beamon, Senior Planner |
Request
A request for a 20 foot variance from the platted 30 foot front setback, as described in Section 35-516(o), to allow a carport to be ten (10) feet from the front property line.
Executive Summary
The subject property is located at 9711 Astronaut Drive, in the MacArthur Terrace Subdivision, recorded August 30, 1963. The applicant is seeking a variance to allow for the construction of a 20 foot deep carport. The applicant has not started construction, and wishes to obtain the proper approval before proceeding. The 20 foot deep carport would encroach into the platted front setback by only 20 feet and would still meet the 10 foot front setback required by City code. 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 |
“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 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 a registered 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 respects the 10 foot front setback required by the UDC, as it will only be 20 feet deep. 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 20 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. Further, the Board previously approved a similar request for a carport at 9711 Astronaut Drive.
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 20 foot encroachment is unlikely to detract from the neighborhood when considering that the structure is still 10 feet from the front property line, and there was a previous case with a similar request.
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, which the owner will meet.
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 meets the side setback requirement; |
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2. |
The carport encroaches 20 feet into the platted front setback and meets the 10 foot front setback established by the zoning district in the UDC. |