PRESENTER: Presenter
Applicant/Owner: Thomas & Steffanie Jones
Body
SUBJECT: T
ZB26-0013 Public hearing a consideration of a request for a variance from Sec. 144-5.4 (c) to allow a detached carport to encroach a maximum of 2 feet into the 5-foot interior side setback, within the R-2 HL HD (Single-Family and Two-Family, Historic Landmark, Mill Street Historic District), currently addressed at 586 West Mill Street.
BACKGROUND RATIONALE:
Case #: ZB26-0013
Applicant/Owner: Thomas & Steffanie Jones
Staff Contact: Mary Lovell, Senior Planner, (830) 221-4051, mlovell@newbraunfels.gov
The subject property is developed with an approximately 1,800 square-foot residence constructed in the early 1900’s. There have been two room additions, a shed and a guesthouse constructed on the property.
The property is zoned R-2 HL HD (Single-Family and Two-Family Residential, Historic Landmark, Mill Street Historic District) and is surrounded by other residential properties. The property is located across the street from the rear parking lot of First United Methodist Church.
The applicant proposes to construct a detached carport to encroach a maximum of 2 feet into the 5-foot interior side setback to line up the posts of the carport to match the line of the existing driveway which also encroaches 2 feet into the side setback.
A Certificate of Alteration for the design and placement of the proposed carport was approved by the Historic Landmark Commission (HLC) on August 11, 2026. In approving the request, HLC made the following findings:
1. The proposed carport will not have a direct impact on the historic structure, and the proposed location is appropriate.
2. The existing accessory structure is not of historic age, and the introduction of the carport will not detract from the historic primary structure.
3. The proposed carport features complementary features to the primary structure, including a standing-seam metal roof and wood supports.
Section 2.2-2(a) of the Zoning Ordinance states the Board of Adjustment may authorize a variance from the zoning regulations only upon finding 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 that a garage and a driveway previously existed on this site and was removed by previous owners most likely due to disrepair and they are now requesting a variance to allow a 2-foot encroachment into the side setback to construct a carport), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that they would like to secure, preserve and continue to enjoy their vehicles without the damaging effects of South Texas sun and/or hail while also deterring theft and/or vandalism by parking the vehicles within a defined structure), 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 that several surrounding properties have structures located within the required 5-foot setback and that these structures have not resulted in adverse impacts during the 13 years they have lived at the property. The applicant further states that the proposed open-sided carport would not negatively affect neighboring properties or public health, safety, or welfare. The applicant notes that an existing 7-foot tall chain-link fence separates the properties so the proposed carport would not obstruct access to the neighboring property’s gate or fence), 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 that the variance request would not prevent the orderly use of other land within the area. The applicants have been in contact with the neighbors on either side of their property, as well as across the street, and none of those neighbors have any objections), and
5) That an undue hardship exists; (The applicant states that the lot was platted prior to 1900, before automobiles were commonly used, and was therefore not configured to accommodate modern off-street parking structures. Due to the lot’s limited width and the existing configuration of the structures on the lot, the applicant states that a carport located at the end of the existing driveway footprint cannot reasonably meet the required side setback), and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states that the proposed improvements will be in harmony with the spirit and purpose of these regulations and will preserve neighborhood character while protecting neighboring property rights. The applicant notes that the Historic Landmark Commission determined that the proposed carport is compatible with the historic character of the neighborhood. The applicant further states that, due to its open-sided design, the carport would not adversely affect neighboring properties and would be similar to other structures in the neighborhood that encroach into setbacks required under the current code.)
Variance Request Due to Notice of Violation:
No
Notification
Public hearing notices were sent to owners of 17 properties within 200 feet of the subject property. To date, staff has received 4 responses in favor and no responses in opposition.