PRESENTER: Presenter
Applicant/Owner: Christopher and Melinda Moore
Body
SUBJECT: Title
ZB24-0007 Hold a public hearing and consider a request for a variance to Section 144-3.3-2(b)(1)(v) to allow a main dwelling to encroach 15 feet into the 20-foot rear setback required in the “R-2” Single-Family and Two-Family District, addressed at 720 W. Klingemann St.
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BACKGROUND RATIONAL:
Case #: ZB24-0007
Applicant: Christopher and Melinda Moore
720 W. Klingemann St.
New Braunfels, TX 78130
(281) 850-2828 ׀ csmooredds@me.com
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 ׀ mlovell@newbraunfels.gov
The subject property is located on the southwest corner of W. Klingemann St. and Booneville Ave., in City Block 11, Lots 1 and 2, in the Landa Park Estates Subdivision.
The subject property is approximately 5,000 square feet in area with a depth of 100 feet and a width of 50 feet. The property is zoned “R-2” Single-Family and Two-Family District. There is an existing 1088-square-foot single-family home on the property.
The applicant's request is to demolish the existing home and build a new home that will encroach 15 feet into the 20-foot rear building setback. This variance request, if approved, would result in a rear yard setback of 5 feet, instead of 20 feet. The proposed location of the new home on the lot will eliminate the existing setback encroachment along Klingemann St.
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 lot is only 100 feet depth by 50 feet width. The existing home is addressed on Klingemann and is oriented so that the front of the house is oriented along the depth of the lot, and the lot width acts as the depth of the lot, as shown on the exhibit. The owners plan to maintain the existing address and house configuration on the lot. The current setback requirements were designed for newer developments in which the lots are significantly larger, and homes are oriented along the width of the lot. Applying current setbacks to this small lot size with the odd configuration creates a hardship by severely limiting the size of the structure that may be built on it. Staff acknowledges that the lot area is smaller than the required minimum lot size of 7,000 square feet for a corner lot in the R-2 zoning district and already does not meet the R-2 zoning district standards, and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The applicant states that applying current setbacks to the small lot size would result in inadequate living space. When this neighborhood was platted and developed, lot sizes and the homes built on them were much smaller. Twin and double beds were the only standard sizes and the resulting bedrooms, and therefore most homes, were smaller. Front and rear setbacks on this property comprise more than a third of the depth of the lot. Staff recognizes applying the current setback requirements constrains the size of a typical-sized home on a residential lot in the R-2 zoning district, and that the existing orientation of the home compounds this issue, 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 but will allow the owner to build a home that is built to the current building standards and therefore will be safer than the current home, 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. The applicant has provided comparison information that shows photos of other homes in the area where homes are built 5 feet from the rear property line, therefore, granting of the variance will be in alignment with the development of other land in the area, and
5) That an undue hardship exists; The applicant states an undue hardship does exist due to the small lot size and the current setback requirements, 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 will allow a structure that is more in keeping with the character of the neighborhood. The lot is small with several large, mature trees. If the current setback requirements were applied to this lot, they would require building a taller, skinnier structure that would not be characteristic of the neighborhood. Given the existing orientation of the building area and the minimal lot width, staff agrees with this assessment.
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: 5,000 square feet
Lot depth: 100 feet
Lot width: 50 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
Across Street (Southeast) - R-2, Single-family residence
North - R-2, Single-family residence
South - R-2, Single-family residence
East - R-2, Single-family residence
West - R-2, Single-family residence
Notification
Public hearing notices were sent to 26 owners of property within 200 feet of the subject property. To date, no responses in opposition have been received, however, 10 responses in favor the the variance have been received.