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Case Number: |
BOA-20-10300028 |
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Applicant: |
Hiram Garcia Munoz |
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Owner: |
Hiram Garcia Munoz |
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Council District: |
4 |
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Location: |
446 Demya Dr. |
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Legal Description: |
Lot 26, Block 26, NCB 15434 |
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Zoning: |
“R-6 MLOD-2 MLR-1 AHOD” Residential Single-Family Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District |
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Case Manager: |
Kayla Leal, Senior Planner |
Request
A request for a 136 square foot variance from the maximum 40% allowance for Accessory Detached Dwelling Units (ADDU) to allow an ADDU to be 550 square feet.
Executive Summary
The subject property is located on Demya Dr., in close proximity to Highway 90 and Loop 410. The applicant is requesting the variance to the square footage allowance for Accessory Detached Dwelling Units (ADDU). The code currently allows a maximum of 40% of the square footage of the primary structure. In this case, the maximum square footage allowed would be 414 square feet. The applicant is requesting a 136 square foot variance to allow the ADDU to be 550 square feet large.
Code Enforcement History
There is no relevant code enforcement history on file for the property.
Permit History
There are no relevant permits pulled for the property.
Zoning History
The subject property was annexed into the City of San Antonio by Ordinance 79035, dated December 31, 1993 and was zoned Temporary “R-1” Temporary Single Family District. The zoning changed to “R-1” Single Family Residence District, established by Ordinance 80479, dated July 14, 1994. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May 3, 2001, the property zoned “R-1” Single Family Residence District was converted to the current “R-6” Residential Single Family District.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6 AHOD” Residential Single Family Airport Hazard Overlay District |
Single family residence |
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 residence |
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South |
“R-6” Residential Single Family District |
Single family residence |
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East |
“R-6” Residential Single Family District |
Single family residence |
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West |
“R-6” Residential Single Family District |
Single family residence |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is in the West/Southwest Sector Plan and is designated “Suburban Tier” in the future land use component of the plan. The subject property is in the boundaries of the Rainbow Hills Neighborhood Association and as such, they were notified of the case.
Street Classification
Demya Drive 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 variance is not contrary to the public interest as the applicant is proposing to construct an Accessory Detached Dwelling Unit that will have the same roof slope and pitch as the primary structure.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff finds that any special conditions that, if enforced, would result in an unnecessary hardship. The applicant is limited to a 414 square foot ADDU with a literal enforcement of the ordinance and is requesting the variance to allow an additional 136 square feet.
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 defined as the intent of the code, rather than the exact letter of the law. The intent of the ADDU square footage limitation is to limit oversized structures in the rear yard. In this case, the applicant is only requesting an additional 136 square feet, so the spirit of the ordinance will be maintained and observed.
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.
No uses other than those allowed within the district will be allowed with this variance.
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 to increase the square footage limitation does not pose a risk of substantially injuring the use of adjacent properties and does not seem likely to alter the essential character of the district.
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 applicant was informed of the limitations incurred by the ordinance and submitted the request for a variance prior to construction.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to the Accessory Detached Dwelling Unit size requirements of the UDC Section 35-371.
Staff Recommendation
Staff recommends Approval of the zoning variance in BOA-20-10300028 based on the following findings of fact:
1. The applicant is requesting an additional 136 square feet to the Accessory Detached Dwelling Unit.
2. The proposed structure will not exceed the Accessory Structure square footage limitation.
3. The proposed ADDU will maintain the character of the neighborhood by including a similar roof pitch and slope in the design of the ADDU.