PRESENTER: Presenter
Applicant: Lex Pegues
Owner: Karlis and Donna Ecrums
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SUBJECT: Title
ZB25-0015 Hold a public hearing and consider a request for a variance from Section 144-3.3-2(b)(1)(v) to allow a main dwelling to encroach 15 feet into the 20-foot rear setback required in the R-2 (Single-Family and Two-Family District), currently addressed at 1055 Booneville Avenue
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BACKGROUND:
Case #: ZB25-0015
Applicant: Lex Pegues, lexitect@gmail.com
Owner: Karlis and Donna Ecrums, kercums@yahoo.com
Staff Contact: Mary Lovell, (830) 221-4051, mlovell@newbraunfels.gov
The subject property is located on the south side of Booneville Avenue, in the Landa Park Estates Subdivision. It is approximately 10,500 square feet with a depth of 100 feet and a width of 105 feet. The property is zoned “R-2” Single-Family and Two-Family District. There is an existing 1860-square-foot home on the property.
The applicant's request is to allow a main dwelling to encroach 15 feet into the 20-foot rear setback. This variance request, if approved, would result in a rear setback of 5 feet, instead of 20 feet. The applicant has answered the following six questions to support their 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 that the lot is only 100 feet in depth by 105 feet in width. With current setbacks, the allowable depth is reduced to almost half. The property was platted with smaller lot dimensions and the lot size along with the R-2 standards creates the need for a variance, and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; The applicant states that current setback requirements were established for newer developments in which the lots are significantly larger to accommodate larger homes, such as that which the owner desires. Many of the newer homes built recently in this neighborhood have set a precedent of scale that is in keeping with the owners' plan, and many homes appear to be built 5 feet from the rear property lines, 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 granting of this variance will not be detrimental to the public health, safety, or welfare of other properties in the surrounding area but will in fact improve the value of the neighboring 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 that the granting of the variance will not prevent the orderly use of other surrounding properties. The variance, if granted, will only allow the owner to build on his property and will have no negative effect on other properties in the neighborhood, and
5) That an undue hardship exists; The applicant states an undue hardship exists due to the current setback requirements and the shallow legacy lot size. The lot is only 100 feet deep, and the R-2 setback rules leave minimal space to build a normal home with today’s modern needs, 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 will allow for a home that is more in keeping with the character of the neighborhood and the growth of nicer neighborhoods in New Braunfels.
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: 10,500 square feet
Lot depth: 100 feet
Lot width: 105 feet
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 28 owners of property within 200 feet of the subject property. To date, no responses have been received.