PRESENTER: Presenter
Owner Agent: George Baker, Alamo As Builts
Owners/Applicants: L. Steve Canter and Catherine L. Canter
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SUBJECT: Title
Public hearing and consideration of a request for two variances: 1. A variance from Section 144-3.8-4(b)(3) to allow an accessory structure to encroach 8 feet, 8 inches into the required 25-foot corner side setback; and 2. A variance from Section 144-3.8(b)(10) to allow a 1,000 square-foot, one-story accessory structure, comprised of a 500 square-foot garage and a 500 square-foot guest house, within the SND-1 (Special Neighborhood District-1), currently addressed at 250 Magazine Avenue.
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BACKGROUND RATIONALE:
Case #: ZB26-0005
Owner Agent: George Baker, Alamo As Builts
(210) 705-4101 | alamoasbuilts@yahoo.com
Owner/Applicant: L. Steve Canter and Catherine L. Canter
(214) 384-7531 | steve.canter@outlook.com
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 | mlovell@newbraunfels.gov
The subject property is developed with a one-story, approximately 1,280 square-foot single-family residence constructed in 1950, along with a 540 square-foot detached garage located in the rear yard. The property is zoned SND-1 (Special Neighborhood District-1) and is surrounded on all sides by similarly zoned properties developed with single-family residential uses.
The applicant is proposing to demolish the existing detached garage and construct a new one-story accessory structure totaling 1,000 square feet, which includes a 500 square-foot garage and a 500 square-foot guest house within a single building. The proposed structure is intended to be located in the rear yard, aligned directly behind the primary residence.
In order to accommodate the proposed development, the applicant is requesting two variances. First, a variance from Section 144-3.8-4(b)(3) is requested to allow the accessory structure to encroach approximately 8 feet, 8 inches into the required 25-foot corner side setback. This setback is greater than the corner side setback of the main dwelling. The main dwelling also incorporates an existing attached deck that has additional encroachment into the front and corner side setbacks.
Second, a variance from Section 144-3.8(b)(10) is requested to allow the construction of the proposed one-story 1,000 square-foot accessory structure (garage + guest house), which exceeds the allowable size & configuration allowed in SND-1. The district allows a 500 square-foot guest house over a 500 square-foot garage, requiring a staircase either inside or outside the structure.
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 subject property is a narrow corner lot and that there is ample space available in the rear of the property. Due to its unique orientation fronting two streets, the corner side setback creates a severely restricted buildable envelope that is significantly narrower than a mid-block parcel in the SND-1 district. This unique geometry results in a buildable width that is inadequate for standard residential construction. The main dwelling and existing garage were built in the 1950s and the regulations were not in place at the time of construction. The requested variances represent the minimum relief needed to allow a reasonable and functional building footprint, given the site’s unique shape and existing conditions), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that proposed design enhances public safety and maintains neighborhood character. The guest house portion of the proposed accessory building would be approximately 16’-4” from the property line, whereas the existing deck attached to the main residence along Lee Street is approximately 5’-9” from the side property line. The garage portion of the proposed accessory building would be positioned approximately 20 feet away from the property line. These proposed placements, which average about 29-30 feet away from the curb, significantly improve sight-lines for traffic at the corner. The existing garage is currently only 13’-8” from the side property line. The requested variances are not being sought for convenience, but rather due to the unique physical constraints of the lot configuration, including the corner lot condition and the location of the existing tree, which together limit the feasible placement of the proposed structure. The requested variances are necessary to allow reasonable development of the property while maintaining safe access, preserving existing site features, and remaining consistent with the 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 intent of a side yard setback is to provide a buffer from the street and maintain a consistent building line. The proposed accessory structure aligns with the home's current facade along Lee Street and sits further back than the existing garage, so that visually and functionally, the request maintains the spirit of the code. In addition, the combined structure reduces the potential for multiple accessory buildings and limits overall site disruption), 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. The reduction in the side setback is requested for a corner lot where the structure will still maintain a significant distance from the actual street curb, ensuring that traffic visibility and the open character of the streetscape are preserved. By allowing a more flexible building envelope, the variances actually facilitates a design that preserves mature trees, which enhances the overall aesthetic and property values of the immediate neighborhood.
By combining the guest house and the garage into a single building footprint, it provides a maximization of the physical distance between the original residence and the new structure. This prevents the "crowding" effect that would occur if two separate buildings were constructed, preserving better airflow, natural light, and visual "breathing room" for both this property and the immediate neighbors. The neighborhood character is defined by cohesive, well-proportioned residential designs. A single, thoughtfully designed building is more consistent with the local aesthetic than multiple smaller, scattered outbuildings. This consolidation allows for a more unified architectural expression that complements the primary residence and the existing streetscape), and
5) That an undue hardship exists; (The applicant states that an undue hardship exists due to the unique physical conditions of the land. The property is a narrow corner lot with two primary street frontages, which subjects it to restrictive setbacks. This creates a buildable footprint that is significantly more constrained than standard interior lots in the same zoning district. Additionally, the presence of a mature, healthy tree within the code-compliant building envelope presents a natural physical conflict. This hardship is not self-created, as the lot’s dimensions and the location of the natural vegetation are inherent to the site. Adherence to the strict letter of the ordinance would require the removal of significant natural features or result in a reduced width of the guest house, such that it not be functional, thereby depriving the owner of rights enjoyed by neighboring properties without these specific physical constraints. In addition, a hardhip exists in that the requirement to build two separate structures will impact the most ideal layout of the lot), 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. The primary intent of setback requirements is to ensure adequate light, air, and separation between structures, as well as to maintain a consistent aesthetic along the streetscape. The proposed encroachment of 8’-8” into the required 25’ corner side setback on this corner lot still provides an ample buffer from the street curb, which exceeds the typical separation found on standard interior lots. This ensures that the 'open' feel of the neighborhood and traffic visibility at the intersection are fully preserved. In addition, the single-story design, rear yard placement, and cohesive layout supports the overall intent of the ordinance. Furthermore, by combining the proposed guest house and garage into a single footprint will provide reduce the scatter of smaller disconnected buildings. Granting of the variances will ensure adequate open space and maintain the residential character of the neighborhood.)
GENERAL INFORMATION:
Size:
Lot area: 7,950 square feet
Lot depth: 159 feet
Lot width: 50 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North, South East & West - SND-1, Single-family residences
Notification
Public hearing notices were sent to 25 owners of property within 200 feet of the subject property. To date, staff has received no responses in opposition.