PRESENTER: Presenter
Applicant: Darren Classen
Owner: John and Ruth Suddarth
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SUBJECT: Title
ZB23-0021 Hold a public hearing and consider a request for variances from Section 144-5.1-3(c) to allow a reduction in the minimum required parking spaces and Sec. 144-5.1-1(f) Minimum dimensions and specifications for off-street parking facilities to allow a reduction in the required maneuvering space in the C-2 (General Business District), addressed at 161 East Bridge Street.
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BACKGROUND RATIONAL:
Case #: ZB23-0021
Applicant: Darren Classen
283 East Bridge Street
New Braunfels, TX 78130
(830) 708-7212׀ classenwinters@gmail.com
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 ׀ mlovell@newbraunfels.gov
The subject property is located at the west side of East Bridge Street in City Block 2013, Lot 231. The subject property is approximately 18,295 square feet in area with a lot depth of approximately 195 feet, and a lot width of approximately 96 feet. The property is zoned C-2 (General Business District) and was previously used as a residence.
The applicant is proposing to renovate and open a contracting business headquarters with a total gross floor area of approximately 1,750 square feet. Chapter 144-5.1-3(c) of the New Braunfels Code of Ordinances requires a minimum of 1 parking space for each 400 square feet of gross floor area for an office which serves as a headquarters with no foot traffic, for a minimum required total of 4 spaces.
The applicant is requesting a variance of 2 parking spaces to allow a reduction in the required minimum parking to a total of 2 provided spaces within the existing two-car garage.
In addition, the applicant is requesting a variance for a reduction of 14 feet of the required maneuvering space set forth in Chapter 144-5.1-1(f). This section requires maneuvering space of 24 feet for one-way or two-way traffic operation. The existing maneuvering space is approximately 10 feet. The applicant has indicated that vehicles will be parked in the existing garage spaces and will have adequate space to maneuver to exit the driveway onto East Bridge Street in a forward-facing manner.
Section 2.2-3(a) of the Zoning Ordinance states the Board of Adjustment may authorize a variance from the zoning regulations only upon finding all of the following facts:
1) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of land; (The applicant states: “The required parking for a commercial office with no foot traffic would require 4 designated parking spaces. The layout of the property does not allow for this to be achieved without the removal of a substantial number of mature trees. The property has street parking and a driveway that will provide adequate parking for office staff only. Since the occupant will be a construction general contractor, most employees work on a job site not from the office. There is also a public parking lot immediately next door.”) and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states: “To install the required parking as per City of New Braunfels requirements would require to remove mature trees and landscape which contribute to the downtown historic enjoyment. To replace nature with pavement would diminish the value and the appeal of the property, not just to the owner, but to all surrounding properties.”,) and
3) That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; (The applicant states: “The granting of this variance will not be detrimental in any way to the surrounding area. The granting of this variance will be of benefit to the surrounding properties because it will help maintain the historical appeal and age of the area. To install a parking lot on this small property would decrease the appeal of the entire area.”) and
4) Granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this Chapter; (The applicant states: “The granting of this variance will in no way affect the surrounding properties as the property in its current state provides adequate parking for the office staff of this size building.” Staff notes that while granting the proposed variances does not appear to pose a potential negative effect preventing orderly use of other land within the area, other properties within the city are required to comply with all zoning requirements.) and
5) That an undue hardship exists; (The applicant states: “The existing structures and mature trees establish a hardship to install a parking lot. The trees and landscape would have to be removed and the lot is not large enough to provide healthy space for replacement trees and landscape. It would take 50 years to establish trees of the age that would have to be removed to install parking.”) and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states: “The granting of this variance would encourage the spirit and purpose of the City as it will allow a historical building to maintain the look and feel of the downtown area. Granting this variance would allow the appeal of the property and surrounding properties to remain.”)
Per Section 2.2-3 of the Zoning Ordinance, a variance shall not be granted to relieve a self-created or personal hardship, nor based solely on economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by Chapter 144 to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.
GENERAL INFORMATION:
Size:
Lot area: 18,295.20 square feet
Lot depth: 195 feet
Lot width: 96 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
Across Street (Southeast) - C-2, Comal County Adult Probation
North - Single-family residence
South - C-2 HD, Church
East -C-2, Single-family residence
West - C-2, Public parking lot and Comal County Election Center
Notification
Public hearing notices were sent to 13 owners of property within 200 feet of the subject property.