PRESENTER: Presenter
Owner Agent/Applicant: Jeff Hillyer
Owner: Gregory Williams
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SUBJECT: Title
Public hearing and consideration of a request for two variances: 1. A variance from Section 144-3.3-2(b)(1)(iii) to allow an accessory structure to encroach 25 feet into the required 25-foot corner side setback; and 2. A variance from Section 144-3.3-2(b)(1)(iv) to allow a garage to encroach 20 feet into the 20-foot required garage setback from the right-of-way, within the R-2 (Single-Family and Two-Family District), currently addressed at 307 North Guenther Avenue.
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BACKGROUND RATIONALE:
Case #: ZB26-0009
Owner Agent/: Jeff Hillyer
Applicant (281) 387-8116
Owner: Gregory Williams
(830) 481-4266
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 | mlovell@newbraunfels.gov
The subject property is developed with a two-story, approximately 1,900 square-foot house, first constructed in 1920. The property is zoned R-2 (Single-Family and Two-Family District), and is surrounded on all sides by similarly zoned properties developed with residential uses. The applicant is proposing to construct an approximately 350 square-foot detached garage for the home.
In order to accommodate the proposed structure, the applicant is requesting two variances:
1. A variance from the rule in the Zoning Ordinance that requires buildings on corner lots to maintain a 25-foot corner side setback when the rear lot line abuts the side lot line of the house behind it. This rule is intended to protect adjacent homes to the rear that front on the side street and that have to maintain corresponding 25-foot front setbacks. However, in this particular case, the home to the rear (and others in the immediate area) is built closer to the street than 25 feet, likely due to having been built before such setback rules were adopted. The request is a full 25-foot variance from the 25-foot setback that would allow the proposed structure to be on the side property line; and
2. A variance from the rule in the Zoning Ordinance that requires a garage to be set back a minimum of 20 feet from the right-of-way. This rule is intended to allow space in front of the garage to accommodate automobiles entirely on the property so that they do not overhang into the right-of-way (r-o-w). The applicant is requesting this second variance to allow the same proposed garage to encroach 20 feet into that required garage setback, resulting in a zero-foot setback from the r-o-w.
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 the lot was developed prior to current setback requirements and the home was built approximately 8 feet from the corner side property line and approximately 16 feet from the front property line. The corner side setback creates a smaller buildable envelope that is narrower than a mid-block lot, decreasing the allowable buildable area. The requested variances, if approved, would allow construction of a standard two-car garage, which the applicant feels is a reasonable use for a single-family residential lot), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states the construction of the detached garage on the property would allow the owner to park on the property rather than on the street. Parking on the street could obstruct sight lines, reduce available travel width, and create potential safety concerns for motorists, cyclists, and pedestrians. The requested variance would facilitate safe and efficient on-site parking while maintaining the overall character of the neighborhood), 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 the variances will not harm the surrounding properties or the general public. The applicant’s intent is to provide adequate off-street parking which will in turn create a safer environment in the neighborhood), 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 variances will not prevent neighboring properties from being used in accordance with district regulations. The proposed variance will not impede the orderly use of surrounding properties), and
5) That an undue hardship exists; (The applicant states that the lot configuration consisting of two street frontages and the location of the existing structure which was constructed prior to the current setback regulations creates an undue hardship), 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 variances is in harmony with the spirit and purpose of the city’s regulations. Granting of the variances will allow a reasonable property right of parking on the property while also reducing on-street parking which may present safety hazards in the neighborhood.)
GENERAL INFORMATION:
Size:
Lot area: 8,056 square feet
Lot depth: 106 feet
Lot width: 76 feet
ROW Widths:
West Bridge Street: 30 feet
North Guenther Avenue: 60 feet
Nearby Variances Approved:
Z-96-001: Variance to construct a detached garage in the rear and side setback, 351 North Guenther Avenue.
Z-09-033: Variances to construct a detached garage in the side setback and to allow height to exceed the main building, 10 Herry Court.
Z-13-02: Variance to allow a home addition in the corner side setback, 254 North Santa Clara Avenue.
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North, South East & West - R-2, Single-family residences
Notification
Public hearing notices were sent to owners of 20 properties within 200 feet of the subject property. To date, staff has received no responses in opposition.