PRESENTER: Presenter
Applicant: Jana Proff
Owners: Jana Proff & Frederic Proff
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SUBJECT: Title
ZB26-0010 Public hearing and consideration of a request for a variance from Section 144-5.4 (e) to allow a detached accessory structure to exceed the height of main dwelling by 10 feet, 1 inch, within the R-1A-6.6 (Single-Family Residential District), currently addressed at 31 Guada Coma Drive.
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BACKGROUND RATIONALE:
Case #: ZB26-0010
Applicant: Jana Proff
Owners: Jana Proff & Frederic Proff
Staff Contact: Mary Lovell, Senior Planner, (830) 221-4051, mlovell@newbraunfels.gov
The subject property is developed with a 1,200 square-foot single-family residence constructed in 1960. It is zoned R-1A-6.6 (Single-Family Residential District) and is surrounded by similarly zoned residential properties. The applicant proposes to construct a detached two-story accessory structure containing a garage on the first floor and an accessory dwelling unit (ADU) on the second floor.
The proposed accessory structure has a height of 22 feet, 1 inch. The existing main dwelling is approximately 12 feet in height. Therefore, the applicant is requesting a height variance of 10 feet, 1 inch to allow the accessory structure to exceed the height of the primary residence.
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 that the corner lot is significantly constrained due to required setbacks: a 25-foot front yard setback along the northwest frontage and a 15-foot corner side setback along the southern frontage. These constraints limit the buildable area. The applicant seeks to maximize the usability of the rear yard by combining a garage and accessory dwelling unit (ADU) into one structure. Because the existing home is only 12 feet in height, a one-story design built to current code would most likely exceed the height of the main dwelling. This makes it difficult to construct a code-compliant accessory structure without requesting 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 they are building within the lot’s allowed area and that the existing home, being small and older, has limited storage and no attic space, making the garage component essential. Additionally, there is a need for additional living space for the family residing on the property, which necessitates a two‑story structure in the rear yard), 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 proposed variance will not negatively impact neighboring properties or the public. The accessory structure will meet all setback requirements for detached accessory structures, and window placement will be designed to preserve privacy by avoiding views into adjacent 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 granting of the variance 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 identifies the lot configuration, with two large setback frontages, and the placement of the main dwelling creating a reduced area in the rear yard, as a limiting factor that prevents constructing two separate structures (one garage and one ADU) while keeping both under the height of the main dwelling. Even a single-story structure would likely exceed the 12-foot height of the existing home under current building code requirements. The combination of lot constraints, existing structure height, and ordinance requirements 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 variance is in harmony with the spirit and purpose of the city’s regulations. Staff notes that the draft Land Development Ordinance (LDO) proposes establishing only one height limit for all buildings located on a property (maximum of 35 feet in residential districts), which allows more flexibility on height than the current code does. The applicant’s proposed structure would remain within this future height framework, which is consistent with the intent of ensuring accessory structures are appropriately scaled and compatible with surrounding residential development.)
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North, South, East & West - R-1A-6.6, residential homes
Notification
Public hearing notices were sent to owners of 22 properties within 200 feet of the subject property. To date, staff has received 7 responses in favor and no responses in opposition.