PRESENTER:
Applicant/Owner: Jameson Parker Gips
SUBJECT:
ZB25-0016 Hold a public hearing and consider a request for a variance from Sec. 144-5.1-1 (e)(1), requiring commercial and residential off-street parking to be constructed and surfaced with concrete, asphaltic concrete, or asphalt, and to allow the off-street parking to be constructed of permeable basalt gravel, currently addressed as 291 S. East Avenue
BACKGROUND:
Case #: ZB25-0016
Applicant/Owner: Jameson Parker Gips, jpgips@gmail.com
Staff Contact: Mary Lovell, (830) 221-4051, mlovell@newbraunfels.gov
The subject property is located on the north side of S. East Avenue and is part of a development consisting of two (2) detached single-family dwellings. The applicant requests a variance to allow the use of Texas Black Star gravel as the driveway surface instead of a standard concrete or asphalt driveway.
This proposed permeable surface over the root zone of a century oak tree will reduce damage that harder-surface asphalt or concrete would do to the tree roots, and it would therefore protect the long-term life of the tree. The applicant has answered the following six questions to support their requested variance:
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 that there is a century oak tree located within three (3) feet of the proposed driveway. A conventional hard-surfaced driveway would increase excavation and compaction within the tree’s root zone and lead to the death of the heritage tree, and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The applicant states the request is necessary to preserve the health and life of the legacy oak while still providing a functional driveway, a common property right enjoyed by other properties in the city, 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 variance will not be detrimental to any other property owners and will ensure the health of the oak tree, 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 variance will not affect neighboring properties’ orderly use. Surrounding properties will continue to be used as permitted in the district, and
5) That an undue hardship exists; The applicant states that there is an undue hardship of the land resulting from the location of the oak tree, and the city’s desire to protect heritage oak trees whenever possible, and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations; The applicant states the request is consistent with the ordinance’s intent by balancing access to the property with the protection of a significant natural feature and promoting the distinct neighborhood character.
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 that results in undue hardship upon another parcel of land.
GENERAL INFORMATION:
Size:
Lot area: 8,760 square feet
Lot depth: 100 feet
Lot width: 88 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North, South, East & West - R-2, Single-family residences
Notification
Public hearing notices were sent to 11 owners of property within 200 feet of the subject property. To date, no responses in opposition have been received.