PRESENTER: Presenter
Owners/Applicants: Gregory & Roxanne Williams
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SUBJECT: Title
ZB26-0009 Public hearing and consideration of a request for a variance from Section 144-3.3-2(b)(1)(iii) to allow an accessory structure to encroach 25 feet into the required 25-foot corner side setback, within the R-2 HL (Single-Family and Two-Family Historic Landmark District), currently addressed at 307 North Guenther Avenue.
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BACKGROUND RATIONALE:
Case #: ZB26-0009
Owners/Applicants: Gregory & Roxanne Williams
Staff Contact: Mary Lovell, Senior Planner | (830) 221-4051 | mlovell@newbraunfels.gov
The subject property is developed with a two-story, approximately 1,900 square-foot single-family residence, constructed in 1920. The property is zoned R-2 (Single-Family and Two-Family District) and is surrounded by residentially zoned properties developed with residential uses.
The applicant previously appeared before the Board of Adjustment on June 25, 2006, to request a variance allowing a detached garage to encroach into the required corner side setback. At the meeting, concerns were raised regarding vehicle circulation and safety, specifically related to cars entering and exiting a garage located near the intersection of East Bridge Street and North Guenther Avenue. No vote was taken at that time, and the case was continued.
In response to the safety issues discussed, the applicant has revised their request. The applicant is no longer proposing a garage and is instead seeking a variance to allow an accessory storage building to encroach 25 feet into the required 25-foot corner side setback.
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 existing home predates current setback requirements and is located only 8 feet from the corner side property line which is substantially closer than the 25-foot setback required today. This historic placement creates a significantly reduced buildable envelope, particularly for corner lots, which inherently have more restrictive setbacks than similarly zoned interior lots. These combined conditions limit the applicant’s reasonable ability to place accessory structures elsewhere on the property.), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that allowing the construction of an accessory storage building will provide necessary storage space without altering the established residential character of the neighborhood. The ability to maintain customary accessory storage is a common and substantial property right enjoyed by other homeowners within the district), 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 indicates that the proposed storage building will not negatively affect surrounding properties or public safety. Because the structure is for storage only, traffic impacts associated with the previously proposed garage are eliminated. Additionally, the building would be located along an existing fence line, resulting in little to no visible change to the side yard appearance from the street), 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; (According to the applicant, granting the variance will not impede neighboring properties from being used consistent with R-2 district regulations. The proposed storage building is residential in nature, small in scale, and will not affect the pattern or function of surrounding residential uses), and
5) That an undue hardship exists; (The applicant states that the lot’s two street frontages, combined with the placement of the existing 1920 residence, which does not meet today’s setback standards, create an undue hardship. These conditions significantly limit where an accessory structure may be placed while still meeting ordinance requirements. The hardship results from physical characteristics of the property, not personal circumstances of the applicant, and is tied directly to the historic development pattern and the rigidity of the current corner-side setback standard), 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 variance is in harmony with the intent of the city’s regulations. Allowing a modest, residential storage structure maintains compatibility with surrounding homes and does not introduce any intensification of use. Granting the variance supports the broader purpose of the ordinance by allowing reasonable accessory use while acknowledging the unique constraints of older corner-lot development.)
Nearby Variances Approved:
Z-96-001: Variance to construct a detached garage in the rear and side setback, 351 North Guenther Avenue.
Z-09-033: Variances to construct a detached garage in the side setback and to allow height to exceed the main building, 10 Herry Court.
Z-13-02: Variance to allow a home addition in the corner side setback, 254 North Santa Clara Avenue.
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North, South, East & West - R-2, residential homes
Notification
Public hearing notices were sent to owners of 20 properties within 200 feet of the subject property. To date, staff has received one response in favor and one response in opposition.