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Case Number: |
BOA-19-10300026 |
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Applicant: |
Aero Cosmetics |
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Owner: |
Rotor Properties, LLC |
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Council District: |
9 |
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Location: |
12122 Colwick Drive |
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Legal Description: |
Lot 12, Block 39, NCB 13495 |
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Zoning: |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for a variance from the restriction of corrugated metal as a fencing material, as described in Section 35-514, to allow for its use as fencing.
Executive Summary
The subject property is located in an industrial area northwest of the San Antonio International Airport. The proposed project will consist of a new building meeting all requirements and abutting neighboring industrial development; the metal fencing material will be limited to certain perimeters of the site and will not be close to pedestrian sidewalks or public right-of-way.
Code Enforcement History
No Code Enforcement history exists on the property.
Permit History
No permit history related to this project exists on the property. The property owner is seeking variance to allow for permit to be issued.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Vacant Gas Station |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Iron Doors Maker, Lighting Fixtures |
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South |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Auto Parts, Copy Products |
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East |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Car Rental, Cabinet Maker, |
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West |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Utility Company |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the San Antonio International Airport Vicinity Plan and designated as “Business Park” in the future land use component of the plan. The subject property is not located within the boundaries of a registered neighborhood association.
Street Classification
Colwick 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 corrugated metal fence will be located away from public sidewalks and away from public right-of-way. If granted, this request would be harmony with the spirit and purpose of the ordinance.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Allowing the applicant to keep the corrugated metal fence will help create a safe and private environment while enhancing aesthetics. Therefore, the public welfare and convenience will be substantially served.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the variance will not substantially injure the neighboring properties as the fence will enhance safety and privacy for the subject property and is highly unlikely to injure adjacent properties.
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 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.
The corrugated metal fence does not affect the character of the community. The fence will not impose any immediate threat to adjacent 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 unique circumstance in this case is that the fence will be built with a combination of fence materials away from the public not exposing the corrugated metal. It is difficult to establish how the request could harm adjacent owners or detract from the character of the community.
Alternative to Applicant’s Request
The applicant would need to adhere to the permitted fence materials as described in Section 35-514.
Staff Recommendation
Staff recommends APPROVAL of the variance in BOA-19-10300026, based on the following findings of fact:
1. The fence will only be installed in certain areas around the property not near the public, and;
2. Clear Vision standards will not be in violation.