PRESENTER: Presenter
Applicant/Owner: Maria & Dominic Eureste
Body
SUBJECT:
ZB26-0012 Public hearing and consideration of a request for a variance from Sec. 144-3.3-2(b)(1)(ii) to allow a carport to encroach 13 feet into the 25-foot front yard setback, within the R-2 (Single-Family and Two-Family District), currently addressed at 831 East Basel Street.
BACKGROUND RATIONALE:
Case #: ZB26-0012
Applicant/Owner: Maria & Dominic Eureste
Staff Contact: Mary Lovell, Senior Planner, (830) 221-4051, mlovell@newbraunfels.gov
The subject property is developed with a 900-square-foot residence constructed in 1996. It is zoned R-2 (Single-Family and Two-Family Residential District) and is surrounded by a cemetery to the east and other residential properties, with the Main Library located a block to the north. The applicant has constructed a carport attached to the main dwelling that encroaches 13 feet into the 25-foot front setback. The applicant is now seeking a variance to allow the carport’s 13-foot encroachment into the front 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 applicant states that the lot is significantly limited due to the 25-foot front setback), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that approval of the variance will allow the enjoyment of a covered parking space for the family’s vehicles), 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 proposed variance will not be detrimental to the public health, safety, or welfare, or injurious to other property within the area), 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 granting of the variance will not prevent neighboring properties from being used in accordance with district regulations), and
5) That an undue hardship exists; (The applicant states that there is limited space in the front yard and no vehicle access to the side or rear of the property), 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 is in harmony with the spirit and purpose of the city’s regulations.)
Variance Request Due to Notice of Violation:
Yes; on June 1, 2026, the owner received a stop work order from the city and was notified that a building permit application must be submitted for the carport. The applicant submitted a building permit application for the carport and during plan review it was noted that the carport encroached into the front setback. To retain the carport and continue the permitting process, the applicant would need to obtain variance approval.
Notification
Public hearing notices were sent to owners of 14 properties within 200 feet of the subject property. As of the date this agenda was posted, staff received 5 responses in favor and no responses in opposition.