PRESENTER: Presenter
Applicants/Owners: Deidre McEntee, Priscilla Hamilton, Patricia Tobin
Body
SUBJECT: Title
ZB24-0014 Hold a public hearing and consider a request for a variance to Section 144-3.3-2(b)(1)(iii) to allow an addition to a main dwelling to encroach 15 feet into the side corner setback of 25 feet in the R-2 (Single-Family and Two-Family District), addressed at 719 W. Edgewater Terrace.
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BACKGROUND:
Case #: ZB24-0014
Applicants: Deidre McEntee, Priscilla Hamilton, Patricia Tobin
/Owners 719 W. Edgewater Terrace
New Braunfels, TX 78130
(281) 861-3884 ׀ deidre_mcentee@yahoo.com
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 ׀ mlovell@newbraunfels.gov
The subject property is a corner lot located southeast of the intersection of W. Edgewater Terrace and Booneville Ave. in the Landa Park Highlands Subdivision and is 75 feet in width and 125 in length. The property is currently developed with a 1,845-square-foot home. The applicant's request is to build an approximately 250-square-foot addition to the main dwelling to be used as an office and additional storage space.
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, “The rear property line of subject property is abutting the side lot line of 1065 Booneville Ave. The existing residence was built in 1935-36, with an addition in 1946. The neighbor's property was built later in 1979. Both homes were built before the current code was adopted. Currently, the average home size in the U.S. is approximately 2,411 square feet (per National Association of Home Builders). While home sizes have been trending downward in recent years, new homes in today’s market are on average, almost 600 square feet larger than this home. Because it was built in 1935, it does not meet contemporary living needs. The applicants feel that this variance request is the last resort to provide adequate living space. The addition will provide additional living space, a remote workspace, and provide reasonably-sized closets and seasonal storage,” and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The applicant states, “Of the 9,375-square-foot -foot lot size, under the current setbacks, only 3,602 square feet is buildable area which is comprised of 3 tiny lots and only 38% of the overall property. This type of lot would not be planned today. The applicants feel that an additional 250 square feet of living space is needed to allow the home to be livable and to provide for adequate closet and seasonal storage space,” 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 request would be comparable to other block face homes nearby such as those at 599 and 191 W EdgewaterTerrace Providing a new side setback of 10' for the proposed addition would still be within the development pattern and planning of this neighborhood. The addition's placement will not adversely impact neighboring properties or vehicular sight lines at the intersecting streets. The addition’s proposed location: a) provides the most distance from and least impactful position in context to neighboring homes, b) is the most rational design solution in terms of interior plan access to the new area, c) would be a continuum of the line of the home which is already occupying this requested space and minimally encroaches toward the front as a small one-story addition coming up to the other projecting front-gabled facade of the house, d) reflects the nature of the lot and other non-conforming lots in the 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 variance would not prevent orderly use of other properties in the area. It is a corner lot and the front setback of 25 feet would be maintained along with a 25-foot triangular area for public right-of-way visibility at the corner. It will not alter the character of the district. The design will be compatible with the main structure,” and
5) That an undue hardship exists; The applicant states, “A hardship is created by the location of beautiful mature trees on the property. The only place for an addition that does not require cutting well-established mature trees or encroaching into the rear yard or the interior side setback is at the front of the property. The proposed location of the addition will continue to meet the front yard setback. There are mature trees near the other 3 corners of the home (site plan tree #s 812-814) that would be disturbed or destroyed in these areas if an addition was placed in those locations. Additionally, a hardship was created when the current setbacks were adopted after the development of the current home making it difficult to add necessary living space, which is a right enjoyed by other property owners, that meets the current setback requirements because the house was not located on the lot with the knowledge of future setbacks,” and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. The applicant states “The applicants grew up in New Braunfels and their mother bought the house in 1987 and lived here in her last years. The family would like to preserve this small part of the community’s identity and work with the existing home to retain the original Landa Estates character and historic fabric. The applicants desire to work with the constraints of the 90-year-old home to preserve its historic components. They hired an architectural firm with an emphasis in Historic Preservation. The applicants do not want to demolish the home. They prefer to renovate the family home and respect the trees and historic character of the area.”
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.
STRATEGIC PLAN REFERENCE:
Community Identity, Objective 2: Protect historic structures, preserve and increase green space and tree canopy, protect natural resources, and safeguard the character, integrity, and stability of neighborhoods.
Community Well-Being, Objective 4: Reduce heat islands and encourage transportation modes that support healthier lifestyles and exercise such as biking, walking and running.
ENVISION NEW BRAUNFELS REFERENCE:
Natural Resources and Infrastructure Vision: Protect natural riparian areas and tree canopies that provide resiliency against flooding or other risks.
Action 5.17 Review and update Tree and Landscape ordinances to ensure New Braunfels remains a green city and expands its tree canopy.
Action 7.14 Increase tree canopy for increased shade to encourage walking.
GENERAL INFORMATION:
Size:
Lot area: 9,375 square feet
Lot depth: 125 feet
Lot width: 75 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 - Single-Family Residences
Notification
Public hearing notices were sent to 25 owners of property within 200 feet of the subject property. To date, four responses in favor have been received.