PRESENTER: Presenter
Applicant/Owner: John Ewald
Body
SUBJECT: Title
ZB24-0013 Hold a public hearing and consider a request for a variance to Section 3.3-2(b)(1)(i) to allow the height of a single-family dwelling to exceed the maximum 35-foot height by 12 feet in the R-2 (Single and Two-Family District), addressed at 418 Lakeview Blvd.
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BACKGROUND RATIONAL:
Case #: ZB24-0013
Applicant: John Ewald
/Owner 232 Laguna Rio
Seguin, TX 78155
(830) 305-1648 ׀ john.e@ewaldkubota.com
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 ׀ mlovell@newbraunfels.gov
The subject property is located on the southeast side of Lakeview Blvd in the Landa Park Highlands Subdivision. The lot is 578.5 feet in length and has a street frontage of 143 feet. The rear of the lot backs up to the Comal River.
The applicant's request is to build a main dwelling that is approximately 47 feet in height, as well as a garage and storage space on the property. The lot is larger than many city residential lots and has many large oak trees on the property. The lot has a downward slope in the rear of the property as shown on the proposed elevation drawings.
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 lot is approximately two acres and has many large heritage oak trees on it greater than 24 inches in diameter. Because we are a family of nine, we would like to build a large house to accommodate two parents and seven children (and potential grandchildren). To keep the footprint of the house and driveway small enough to fit between the heritage oak trees, the house we are proposing would be taller than the allowed 35 feet,” and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The applicant states, “The city has an ordinance on commercial property limiting the removal of heritage oak trees greater than 24” diameter. Although this is a residential lot, we recognize the importance of preserving live oak trees of this stature and wish to keep as many as possible,” 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, granting of the variance is not injurious to the surrounding properties,” 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, “Granting of the variance will not prevent the orderly use of other properties,” and
5) That an undue hardship exists; The applicant states, “Yes, the trees located toward the front of the lot and the constrained building area create a hardship due to the need to preserve the large heritage trees. Another hardship is the steeply sloped area at the rear of the lot where it is not feasible to build a structure. Because of these hardships, there is a limited area to build a house, and the topography, and the preservation of heritage trees, create an undue hardship. The hardship limits the area to build a home and necessitates building a taller home to include all of the bedrooms to properly house nine residents,” and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. The applicant states “Granting the variance will be in harmony with the spirit of the City’s regulations.”
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: 82,724.80 square feet
Lot depth: 578.5 feet
Lot width: 143 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - Single-Family Residences
South - Comal River
East - Single-Family Residences
West - Comal River
Notification
Public hearing notices were sent to 12 owners of property within 200 feet of the subject property. To date, no responses in opposition have been received.