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Case Number: |
BOA-19-10300011 |
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Applicant: |
Fisher Heck Architects |
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Owner: |
Helia B. Moore-Sepulveda |
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Council District: |
1 |
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Location: |
235 Madison Street |
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Legal Description: |
The North 47.6 feet of the East 100.5 feet of Lot 20 and the South 8.4 foot of the East 100.5 feet of Lot 19, Block 3, NCB 740 |
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Zoning: |
“RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for 1) a 4’11" variance from the 5' side setback requirement, as described in Section 35-310.01, to allow for a detached accessory dwelling unit to be 1" from the side property line, and 2) a 4’11" variance from the 5’ rear setback requirement, as described in Section 35-310.01, to allow for a detached accessory dwelling unit to be 1" from the rear property line.
Executive Summary
The applicant wishes to add a detached accessory dwelling unit to the side and rear of the home. The existing property has stone ruins of a historic two-story barn structure from the 1870’s. The Office of Historic Preservation has approved the proposed addition and the remodeling of the primary structure. The owners' intent is to renovate the existing main house and to transform the historic unit into a studio apartment for their daughter. The construction of the studio apartment will be on the same footprint as the original barn while utilizing the existing stone as one of its primary building materials.
Code Enforcement History
No violations of the requirements of the UDC were observed upon a staff visit to the site, and there have been no code violations reported.
Permit History
No permit history related to this proposed addition exists on the property. The property owner is seeking a variance to allow for a permit to be issued.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
Multi-Family Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
Multi-Family Dwelling |
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East |
“RM-4 H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District |
Multi-Family Dwelling |
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West |
“RM-4 S H AHOD” Residential Mixed King William Historic Airport Hazard Overlay District with Specific Use Authorization for a Bed and Breakfast |
Multi-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the Downtown Neighborhood Plan and designated as “Residential” in the future land use component of the plan. The subject property is located within the boundaries of the King William Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Madison Street is classified as a Local Street.
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 project seeks to restore a historic artifact within a celebrated historic district, while also transitioning the main house from a rental property into a single family residence. In addition, the footprint of the historic barn and its surviving walls do not currently interfere with the adjacent property owners and do not extend past the property lines. Overall, the project seeks to return the residence to a proud asset for the neighborhood. Staff finds the requests are not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Due to the historic existing stone ruins, a literal enforcement of the ordinance would result in unnecessary hardship because the owner would be left with the burdened of the wall's current unusable condition.
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. The intent of the setback limitation is to prevent fire spread, allow adequate space for maintenance, and encourage proper storm water drainage. All intents of this law will be observed if approved.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the zoning district in which the variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized by the zoning 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.
This variance would not substantially injure or alter the use or character of adjacent conforming property or character of the district. Specifically, the variance would not place the structure out of character within the community. Further, the accessory dwelling is highly unlikely to be seen from the public right-of-way.
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 the case is that the property addition has some historical ruins that the owner would like to reuse maintaining its existing location.
Alternatives to Applicant’s Request
The alternative to the applicant’s request is to conform to side and rear setbacks set forth in the Unified Development Code.
Staff Recommendation
Staff recommends APPROVAL of variances in BOA-19-10300011 based on the following findings of fact:
1. The requested variances will not detract from the character of the district and is highly unlikely to been seen from the right-of-way, and;
2. Adequate space will be utilized to prevent storm water runoff, maintenance of property, and maintenance of the structure without trespass.
3. Office of Historic Preservation and the Historic and Design Review Commission have approved the proposed design.