PRESENTER: Presenter
Applicant / Owner: Cecil M. Gregg III
Body
SUBJECT: Title
ZB23-0011 Hold a public hearing and consider a request for a variance to Section 144-5.4(d) to allow an accessory structure to be located within the minimum side setback required in the “R-2” Single and Two-family District, addressed at 1062 Mulberry Ave.
BACKGROUND RATIONAL:
Case #: ZB23-0011
Applicant: Cecil M. Gregg III
37 N. Bay Blvd.
Spring, TX 77380
(281) 755 - 1320 ׀ agregg3@me.com
Staff Contact: Laure Middleton
(830) 221 - 4054 ׀ Lmiddleton@newbraunfels.gov
The subject property is located approximately 128 feet from the corner of Edgewater Terrace and Mulberry Avenue and is a combination of the original Lots 23, 24, & 25, Block 8 of the Landa Park Estates Subdivision, recorded in 1933. The subject property is approximately 7,500 square feet in area with a lot depth of 100 feet, and a lot width of 75 feet. The property is zoned “R-2” single and two-family district. There is one 4,318 square-foot 2-story dwelling, built in 1935, with a 238-square-foot attached covered porch, a 238-square-foot balcony, and a 742 square-foot storage area attached to the residence.
The applicant is requesting a variance to allow an accessory structure to encroach 1’9” into the side setback, prescribed by the zoning ordinance to be a minimum of 5 feet. The applicant also has another non-conforming structure in the northern corner of the property, and they are working with the Building Division to resolve the issues with that structure.
The applicant has built a storage shed on an existing slab in the rear of the property at a distance of 3’3” from the side property line and 3’8” from the rear property line.
Chapter 144-5.4(d) of the New Braunfels Code of Ordinances requires accessory structures to have a minimum side setback of 5 feet, and a minimum rear setback of 3 feet.
Section 2.2-3(a) of the Zoning Ordinance states the ZBA may authorize a variance from the zoning regulations only upon finding all of 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 existing home was built in the 1930’s with an addition in the 1980’s. The footprint leaves a small L-shaped backyard with no outdoor storage or garage. The storage shed is intended to be used for a golf cart, river floats, yard equipment, etc. Placing the shed at the end of the driveway, behind the existing gate is the most logical location to maximize outdoor space in the backyard,) and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that the placement of the shed is aesthetically pleasing from the street as it is centered on the gate. This placement also increases its functionality to pull heavy items directly out and down the driveway, and being located in the corner allows for maximum usage of the backyard area for entertaining and recreation.) 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 the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area. Staff acknowledges that the property owner will be required to retrofit the structure to meet the fire code standards for a structure less than 5 feet from the side property line.) 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 variance will not prevent the orderly use of other land within the area.) and
5) That an undue hardship exists; (The applicant states that the existing improvements dictate the size and configuration of the rear yard. The existing structure has no outdoor storage or garage. The home is located in a water recreation district, but lacks any storage for canoes, kayaks, pool floats, tubes, etc. which are frequently pilfered if left in the open. They are also unsightly and a haven for mosquitoes and vermin. Thus a shed or garage is needed. Placing the shed in the corner at the terminus of the driveway maximizes the space for recreation and entertaining.) and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states granting of the variance will be in harmony with the spirit and purpose of the City’s regulations. The neighbors have noted that the lack of outdoor storage has long been an issue at this location causing unsightly clutter and unsafe hazards as former owners have resorted to running extension cords over the open driveway to charge their golf carts. Allowing residents to recreate and entertain friends and family is part of the cultural traditions of 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 which results in undue hardship upon another parcel of land.
GENERAL INFORMATION:
Size:
Lot area: 7,500 square feet
Lot depth: 100 feet
Lot width: 75 feet
Variance Request Due to Notice of Violation:
Yes
Surrounding Zoning and Land Use:
North - R-2 / Single-family Residential
South - Across Mulberry Ave, R-2 / Single-family Residential
East - R-2 / Single-family Residential
West - R-2 / Single-family Residential
Notification
Public hearing notices were sent to 32 owners of property within 200 feet of the subject property. Staff has received no responses in favor or in objection.