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Case Number: |
A-18-126 |
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Applicant: |
Miriam Ade |
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Owner: |
Miriam Ade |
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Council District: |
9 |
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Location: |
139 Kenley Place |
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Legal Description: |
Lot 18, Block 13, NCB 13827 |
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Zoning: |
“C-2 CD S MLOD-1 AHOD” Commercial Camp Bullis Military Lighting Overlay Airport Hazard Overlay Edwards Recharge Zone District with Conditional Use and Specific Use Authorization for an Office Warehouse |
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Case Manager: |
Dominic Silva, Planner |
Request
A request for 10’ variance from the 25’ maximum building height, as described in Section 35-310.01, to allow a building to be 35’ tall.
Executive Summary
The subject property is located at 139 Kenley Place, approximately 412’ east of US Highway 281. The applicant is requesting a 35’ tall office warehouse on a currently undeveloped lot. Located at the end of a cul-de-sac, the property is surrounded by hotels and self-storage units allowed by code to be up to 35’ tall.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“C-2 CD S MLOD-1 AHOD” Commercial Camp Bullis Military Lighting Overlay Airport Hazard Overlay Edwards Recharge Zone District with Conditional Use and Specific Use Authorization for an Office Warehouse |
Vacant |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“C-3 MLOD-1 AHOD ERZD” General Commercial Camp Bullis Military Lighting Overlay Airport Hazard Overlay Edwards Recharge Zone District |
Hotel |
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South |
“C-3 MLOD-1 AHOD ERZD” General Commercial Camp Bullis Military Lighting Overlay Airport Hazard Overlay Edwards Recharge Zone District |
Hotel |
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East |
“C-2 MLOD-1 AHOD ERZD” Commercial Camp Bullis Military Lighting Overlay Airport Hazard Overlay Edwards Recharge Zone District |
Vacant |
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West |
“C-3 MLOD-1 AHOD ERZD” General Commercial Camp Bullis Military Lighting Overlay Airport Hazard Overlay Edwards Recharge Zone District |
Self-Storage Units |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the North Sector Plan and is currently designated “Suburban Tier” in the future land use component of the plan. The subject property is not located within any registered neighborhood association.
Street Classification
Kenley Place is classified as a local.
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 variances are not contrary to the public interest as the proposed structure is similar to other structures in the immediate vicinity.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Strict enforcement would require an alternate design of the proposed structure.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Substantial justice will be done as the proposed height of the structure will still provide for a safe development pattern. The small irregular lot does not provide adequate room for a large footprint and requires lateral development.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the district in which the request for a variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized in the “C-2 CD S MLOD-1 AHOD ERZD” Commercial Camp Bullis Military Lighting Overlay Airport Hazard Overlay Edwards Recharge Zone District with Conditional Use and Specific Use Authorization for an Office Warehouse
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 request will not injure the appropriate use of the neighboring conforming property as the applicant is seeking only 10’ more than what the current zoning allows. This will be in line with other structures within the immediate area.
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.
As the proposed structure will be placed on a small, irregularly shaped lot, space is limited for a large footprint. Thus, lateral development is a more efficient option. Further, adjacent lots are permitted building heights of 35’. This issue is not merely financial in nature.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required 25’ building height limitation and alter the proposed structure.
Staff Recommendation
Staff recommends APPROVAL of the requested variances in A-18-126, based on the following findings of fact:
1. The variance is unlikely to detract from the character of the district, and;
2. Other buildings in the immediate vicinity are allowed to build to the requested height.