PRESENTER: Presenter
Applicant/Owner: Christopher and Lisa Dykes
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SUBJECT: Title
ZB24-0008 Hold a public hearing and consider a request for a variance to allow an encroachment of 12 feet into the 20-foot rear yard setback within the “Reserve at Mockingbird Heights 2” Planned Development District" (RMH2PD) for a screened enclosure to be erected on an existing patio, addressed at 824 Shrike Ln.
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BACKGROUND RATIONAL:
Case #: ZB24-0008
Applicant: Christopher and Lisa Dykes
824 Shrike Ln.
New Braunfels, TX 78130
(773) 573-5202 ׀ dykes10910@gmail.com
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 ׀ mlovell@newbraunfels.gov
The subject property is located on the west side of Shrike Lane and is less than half a mile west of FM 1044. The property is located within “Reserve at Mockingbird Heights 2” Planned Development District" (RMH2PD) which has a rear yard setback requirement of 20 feet. There is an existing 2600-square-foot single-family home on the property.
The applicant's request is to enclose the existing patio slab with a screened porch. The slab is approximately 378 square feet. The current code allows a flat uncovered patio slab to encroach into the rear yard setback. However, a screened porch enclosure with a roof is considered an extension of the main dwelling and is required to meet the rear yard setback requirement.
In Chapter 144, Section 5.21-3(f), Yard and setback exceptions, there is an allowance that reduces the rear yard setback requirement when there is a drainage easement that abuts the rear of the property, by up to one-half of the width of such easement. The applicant’s property has a 15-foot drainage easement which abuts the rear property line. Although this exception does not fully provide for the allowance of the applicant’s request, it is evident that the code seeks to take into consideration properties that have a drainage easement abutting the rear of the property.
The applicant has answered the following six questions to support the 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 the rear setback line currently rests in the middle of the back patio concrete slab, preventing permit approval of the request for a patio cover screen porch enclosure on the existing back patio concrete slab, and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The applicant states that the variance is necessary to allow the property owner to proceed with the owner's ability to utilize the property as intended, which is residential zoning. The addition of a patio cover screen porch enclosure will preserve the health, safety, and well-being of the property owner and occupants while outside the home on the property as well as for the property owner and occupants' enjoyment of dwelling on the property. Upon limited observation, there appear to be other homes in this neighborhood and nearby neighborhoods that have various types of patio covers/screen porch enclosures, 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 the granting of the variance will not be detrimental to public health, safety or welfare, nor harm anyone. The variance will allow the owner to enjoy the outdoors in rainy weather and also during the extreme heat of the summer months, 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 granting of the variance will not prevent the orderly use of other surrounding properties, and
5) That an undue hardship exists; The applicant states that the topography, configuration, and size of the lot create an undue hardship of the land on which the property is located. The hardship has created a location of the rear setback line that infringes upon the substantial property rights of the property owner. In addition, at the time this lot was platted, a 15-foot drainage easement was sited directly behind the applicant’s property. Most of the properties in the applicant’s neighborhood do not have a drainage easement running across the back of the property giving those properties more backyard space, 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 granting of the variance is in harmony with the spirit and purpose of the City's regulations for residentially zoned property.
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: 6,000 square feet
Lot depth: 107 feet
Lot width: 55 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - Single-Family Residences
South - Single-Family Residences
East - Single-Family Residences
West - Drainage Easement
Notification
Public hearing notices were sent to 23 owners of property within 200 feet of the subject property. To date, no responses in opposition have been received.