PRESENTER: Presenter
Owner/Applicant: Mark and Tami Monroe
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SUBJECT: Title
ZB24-0012 Hold a public hearing and consider a request for a variance to Section 144-3.3-2(b)(1))(iii) to allow for the proposed single-family home to encroach 21 feet 3 inches feet into the required 25-foot corner side setback on N. Liberty Avenue and to Section 144-3.3-2(b)(1)(v) for the proposed single-family home to encroach 17 feet into the 20-foot required rear setback in the R-2 "Single-family and Two-family district" addressed at 315 W. Edgewater Terrace.
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BACKGROUND RATIONAL:
Case #: ZB24-0012
Applicant: Mark and Tami Monroe
315 W. Edgewater Terrace
New Braunfels, TX 78130
214-724-2385 ׀ tami.monroe2@gmail.com
Staff Contact: Dana Moses, Planner
(830) 221-4054 ׀dmoses@newbraunfels.gov
The subject property is located on the south side of W Edgewater Terrace and is on the southwest corner of the intersection of W Edgewater Terrace and N Liberty Ave in the Landa Park Estates Subdivision, Block 7, recorded in 1933.
The subject property is approximately 6,250 square feet in area with a depth of 125 feet and a width of 50 feet. The property is zoned “R-2” Single-Family and Two-Family District.
The original single-family home that was approximately 2,500 square feet in area was built in 1933 and expanded in 1970. A variance request was granted in April 2024 to preserve the existing footprint of the structure, and to allow for a second-story addition to encroach 18 feet into the 20-foot rear setback in the “R-2” Single-family and Two-Family district.
After the variance was granted, the owner decided to demolish the existing single-family home. The approved variance could no longer be upheld due to the request being applicable only to the previously existing structure on the subject property. The applicant would like to maintain the majority of the footprint of the previously existing dwelling for the new construction of the single-family home.
The applicant is requesting a variance to allow for the proposed single-family home to encroach 21 feet 3 inches into the required 25-foot corner side setback on N. Liberty Avenue and a second variance for the proposed single-family home to encroach 17 feet into the 20-foot required rear setback.
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 cites that the current lots 14 & 15 are 125 feet by 50 feet, totalling 6,250 square feet. The property does not meet the current R-2 minimum lot standards.) and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant cites that due to the original home containing rotting wood in the beams, and black mold in the walls from a leaking roof; the original structure was not habitable. By maintaining the original footprint, a safe and inhabitable living space that is structurally sound will meet electrical, foundation, and fire codes.) 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 explains the public health, safety, and welfare will be improved for property owners since the garage will be erected and a small driveway will be constructed, allowing for parking on site that was not previously available.) 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 since the footprint of the new structure is comparable to the former one; The side and rear setback encroachments will remain the same from the original residence. This will not prevent the orderly use of other land within the area). and
5) That an undue hardship exists; (The applicant states the lot configuration is 6,250 square feet and the current R-2 standard for a corner lot is 7000 square feet, displaying a 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 as their property currently sits, it does not meet code 144-3.3-2. While the intent of the code is to ensure the health, safety, and general welfare of the neighborhood, it does not allow for a reasonably sized home on the property. Rock and wood were salvaged from the former residence to be utilized in the outer design of the proposed residence. This was intended to maintain the integrity of older homes in the neighborhood and character).
GENERAL INFORMATION:
Size:
Lot area: 6,250 square feet
Lot depth: 125 feet
Lot width: 50 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
Across Street (Southeast) - R-2, Single-family residence
North - R-2, Single-family residence
South - R-2, Single-family residence
East - R-2, Single-family residence
West - R-2, Single-family residence
Notification
Public hearing notices were sent to 31 owners of property within 200 feet of the subject property.