PRESENTER: Presenter
Applicant / Owner: Alvin G. Peters / Sohail Khan
Body
SUBJECT: Title
ZB23-0014 Hold a public hearing and consider a request for a variance to Section 144-5.1-3(c) to allow a reduction in the minimum required parking from 19 to 14 spaces in the “C-3” Commercial District, addressed at 879 State Highway 46 South.
BACKGROUND RATIONAL:
Case #: ZB23-0014
Applicant: Alvin G. Peters
1016 SH 46 E
Boerne, TX 78006
(210) 986 - 0218 ׀ alvin.apa@gmail.com
Staff Contact: Laure Middleton
(830) 221 - 4054 ׀ LMiddleton@newbraunfels.gov
The subject property is located at the northwest corner of Caddell Lane and State Highway 46 South and is platted in the Caddell Subdivision, Lot 21, Block 2, recorded in 1973. The subject property is approximately 14,680 square feet in area with a lot depth of approximately 135 feet, and a lot width of approximately 110 feet. The property is zoned “C-3 AH” Commercial District with Airport Hazard overlay for building height limitations, and is currently undeveloped.
The applicant is proposing to develop a retail building with a total gross floor area of 3,731 square feet. Chapter 144-5.1-3(c) of the New Braunfels Code of Ordinances requires a minimum of 1 parking space for each 200 square feet of gross floor area for retail establishments under 100,000 square feet, for a total of 19 spaces. The applicant is requesting a variance to allow a reduction in the required minimum parking from 19 spaces to a total of 14 spaces.
Section 2.2-3(a) of the Zoning Ordinance states the ZBA may authorize a variance from the zoning regulations only upon finding all of 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 applicant states: “Located at a corner lot 14,391 sf. (small commercial lot) with building setbacks, dumpster access and fire department access the resulting building pad area is small. The type of business is mercantile- specific tobacco product. Customer shopping time within the building is very limited in browsing time.” Staff notes that the building setbacks do not apply to the development of parking,) and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states: “The small lot will limit development potential.” Staff notes that the lot size will determine the building size on the property,) 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: “No.” Staff notes that a revision to the parking standards is being considered for adoption possibly by the end of next year. Once adopted, it is likely that this development would no longer require a variance for reduced minimum parking in order to be in compliance with the standards set forth in the zoning ordinance.) 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:” No.” Staff notes that the current parking requirements are likely outdated,) and
5) That an undue hardship exists; (The applicant states: “Yes - Lot is small.”) and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states: “Yes.”)
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 which results in undue hardship upon another parcel of land.
GENERAL INFORMATION:
Size:
Lot area: 14,680 square feet
Lot depth: 135 feet
Lot width: 110 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - R-2 AH / Single-family residence
South - Across SH 46, M-1 AH / Industrial - manufacturing
East - Across Caddell Lane, C-3 AH / Commercial - convenience store w/ fuel sales
West - C-3 AH / Commercial - vacant building
Notification
Public hearing notices were sent to 18 owners of property within 200 feet of the subject property. Staff has received no responses in favor or in objection.