PRESENTER: Presenter
Applicant: Jason Owens
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SUBJECT: Title
ZB25-0009 Hold a public hearing and consider a request for a variance to Sec. 144-3.8-4 (b)(3) & (b)(5) to allow an addition to the existing main dwelling that will connect it to the existing garage, resulting in an encroachment into the 6 foot side yard setback of 1 foot and 6 inches and an encroachment into the 20 foot rear yard setback of 20 feet, in the SND-1 (Special Neighborhood District-1), addressed 574 South Academy Avenue.
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BACKGROUND RATIONALE:
Case #: ZB25-0009
Applicant: Jason Owens
Owner: Bluegreen Waves, Inc.
Staff Contact: Mary Lovell, mlovell@newbraunfels.gov
The subject property is developed with a one-story 1,251-square foot home constructed in 1920 as well as a 495-square foot detached garage within the Jahn Addition, New City Block 4062, Block 1, Lot 8. The property is zoned “SND-1” Special Neighborhood District-1. The property is surrounded by SND-1 zoning and single family residences to the east, west, north and south.
The property is located within the Sophienburg Hill Historic District and was granted a historical certificate of alteration permit from the Historic Landmark Commission on June 10, 2025 for the proposed addition for which the applicant is requesting the setback variances.
Due to the proposed location of the addition, the applicant is requesting variances from the required rear and side setbacks in the SND-1 zoning district.
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 variance request is due to the orientation of the home not aligning with the property lines or setbacks. The home was originally built within a 5-foot distance from an adjacent residential structure, and the garage was built on the rear property line, and within 5 feet of the side fence. The proposed addition would connect the main structure with the garage, and the new addition itself would be in compliance with all property easements), 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 addition is to add space to the home so that family members may reside comfortably in the current home that is only 1,251 square feet in area; this is a substantial property right of any residence. In a effort to increase the size of this home and still maintain a useable backyard, the applicant also proposes locating the addition to the right side of the property and connect the proposed addition to the existing house and garage), 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 granting of variances will not have a negative impact whatsoever on the surrounding properties or to the general public), 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 conditions for which this variance is being requested will have no effect on regulatory compliance of any other property or the orderly use of any other land within the area. The addition will not be seen or impact any other properties since it will be located in the backyard between the house and the garage), and
5) That an undue hardship exists; (The applicant states that the property was purchased with the existing structures in their current location. The current setback requirements were adopted long after the original structures were sited on the property and are restricting the usability of this lot and present an undue hardship. The applicant endeavors to simply alter the existing home, rather than demolish the buildings and rebuild new structures which would destroy the historic character of the home. The homes location within the Special Neighborhood District and the Sophienburg Hill Historic District show the importance of preserveing the original character of the neighborhood), and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states that granting variances for the proposed addition will not have a negative impact on the intended purpose of city regulations. Approval of the requested variances will be more in character with this specific area where several other properties have been forced to seek variances for any work performed.)
GENERAL INFORMATION:
Size:
Lot area: 5,400 square feet
Lot depth: 108 feet
Lot width: 50 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - SND-1, Single-family residences
South - SND-1, Single-family residences
East - SND-1, Single-family residences
West - SND-1, Single-family residences
Notification
Public hearing notices were sent to 23 owners of property within 200 feet of the subject property. To date, staff has received one response in favor of the request.