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Case Number: |
A-17-116 |
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Applicant: |
James & Sheryl Robisheaux |
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Owner: |
James & Sheryl Robisheaux |
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Council District: |
8 |
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Location: |
6718 Spring Hurst |
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Legal Description: |
Lot 20, Block 6, NCB 15917 |
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Zoning: |
“R-6” Residential Single-Family District |
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Case Manager: |
Oscar Aguilera, Planner |
Request
A request for a 20 foot variance from the 30 foot platted front setback, as described in Section 35-516 (O), to allow a carport 10 feet from the front property line.
Executive Summary
The subject property was platted as part of the Babcock Place Subdivision, recorded in 1972. The subdivision plat includes a 30 foot platted front setback. The applicant wishes to build a carport 10 feet from the front property line, the UDC standard front setback, but due to the 30 foot platted front setback a variance is required before the applicant can construct the proposed carport. The applicant stated that the contractor told him the carport was permitted and that it was ten (10) feet from the property line. The applicant stated he will correct the contractor’s mistake and will move the posts ten (10) feet from the property line. He advised that he will get a new contractor to do the work.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6 ” Residential Single-Family 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 ” Residential Single-Family District |
Single-Family Dwelling |
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South |
“R-6 ” Residential Single-Family District |
Single-Family Dwelling |
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East |
“R-6 ” Residential Single-Family District |
Single-Family Dwelling |
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West |
“R-6 ” Residential Single-Family District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the North Sector Plan and designated as Suburban Tier land use. The subject property is not located within the boundaries of 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 setback limitations to protect property owners and create a cohesive streetscape. The City’s zoning setback of 10 feet provides this streetscape protection in other areas. Since the carport will meet the side setback and the front setback will be 10 foot from the property line, the variance request from the recorded plat 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. Providing equal treatment of enforcing the 10 foot zoning setback is not a hardship.
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 City zoning setback is 10 feet to provide open space and prevent overcrowding of front yards. 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” Residential Single-Family 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 meet the side setback of 5 feet. A 20 foot variance from the 30 foot platted setback for a 10 foot front setback will be equivalent to the City’s established standard for setbacks. There are similar carports within the subdivision. Therefore, the proposed carport will not alter the character of the neighborhood. Since the proposed carport will meet the City’s established standard for setbacks, the proposed carport will not injured neighboring properties.
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 City of San Antonio has an established 10 foot front setback, applied in all residential districts, and the proposed carport meets this established setback. Therefore, the enforcement of a 30 foot front setback would not make the proposed carport feasible causing a hardship for the owner of the property.
Alternative to Applicant’s Request
The applicant could remove the platted setback and build to the 10 foot zoning setback.
The applicant could comply with platted setbacks and not construct a carport.
Staff Recommendation
Staff recommends APPROVAL of A-17-116 based on the following findings of fact:
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1. |
The proposed carport meets the spirit of the code as it is to be built 10 feet from the front property line meeting the UDC standard for residential construction. |
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2. |
There are similar carports within the subdivision. |