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Case Number: |
A-18-145 |
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Applicant: |
James Pool |
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Owner: |
Jack Judson Estate, Joseph D. Judson-Executor |
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Council District: |
10 |
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Location: |
1419 Austin Highway |
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Legal Description: |
Lot 2, Block B, NCB 8695 |
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Zoning: |
“C-2 CD MC-3 AHOD” Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay Airport Hazard Overlay District with Conditional Use for Auto/Light Truck Repair |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for a 10’ variance from the required maximum 40’ front setback, as described in the Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay District design requirements, to allow a structure to be 50’ away from the front property line.
Executive Summary
The applicant is requesting the variance to allow a new structure to be 50’ away from the front property line the Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay District allows for a maximum of 40’ setback from the front property line. Also, there is a private restriction contained in a 1940 deed requiring no building to be placed closer than 50’ from the front property line. The owner intends to establish a business for auto repair were the subject property currently has multiple vacant buildings; services will include oil changes, brake repairs, alignments, among other maintenance jobs. Nearby uses on the Corridor currently include a variety of service including restaurants, offices, retail stores, automotive centers and grocery stores, among other amenities.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“C-2 CD MC-3 AHOD” Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay Airport Hazard Overlay District with Conditional Use for Auto/Light Truck Repair |
Vacant |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“C-2 MC-3 AHOD” Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay Airport Hazard Overlay District |
Apartments |
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South |
“C-3 MC-3 AHOD” General Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay Airport Hazard Overlay District |
Fast Food Restaurants |
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East |
“C-3R MC-3 AHOD” General Commercial Restrictive Alcoholic Sales A Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay Airport Hazard Overlay District |
Self-Storage |
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West |
“C-2 MC-3 AHOD” Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay Airport Hazard Overlay District |
Self-Storage |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Northwest Inner Loop Neighborhood Plan and is currently designated Community Commercial in the future land use component of the plan. The subject property is within 200’ of the Wilshire Village Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Austin Highway is classified as a Primary Arterial A.
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 variance is not contrary to the public interest as the structure will be 50’ from the front property line and will not injure the rights of the adjacent property owners. Some nearby business are closer or further than the 40’ maximum front setback requirement; fast food restaurants across the street are approximately 70’ from the front property line and the self-storage to the east of the subject property is approximately 20’ from the front property line.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Literal enforcement of the ordinance would result in an unnecessary hardship as the Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay District design requirements and the deed restriction from 1940 create a conflict, which makes development of the lot challenging.
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 of the front setback is to create a more defined streetscape by locating structures closer to the front property line. Staff finds that allowing the building to be 10’ further from the front is indiscernible to passersby.
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 MC-3 AHOD” Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay Airport Hazard Overlay District with Conditional Use for Auto/Light Truck Repair.
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.
As there are buildings closer than 50’ from the property line, the request to increase the maximum front setback does not negatively impact neighboring properties as adjacent properties are self-storage facilities. It is unlikely that adjacent property would be harmed by the 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 existing on the property is that the subject property has two setback requirements that have to be met and without some relief the owner wouldn’t be able to develop the property.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the maximum front setback requirement.
Staff Recommendation
Staff recommends APPROVAL of variance in A-18-145, based on the following findings of fact:
1. The request does not negatively impact the surrounding property owners, and;
2. The proposed project adheres to all other setbacks and bufferyard requirements.