PRESENTER: Presenter
Applicant: Greg Hirsch
Owners: Dougal and Mignon Kenagy
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SUBJECT: Title
ZB25-0013 Hold a public hearing and consider a request for 3 variances to allow a proposed accessory structure in the SND-1, “Special Neighborhood District-1,” currently addressed at 645 Cross St, including:
1. a variance from Sec. 144-5.4 (d) to allow an accessory structure to occupy more than 30 percent of the rear yard, an increase by 2 percent, for a total of 32 percent coverage of the rear yard,
2. a variance from Sec.144-5.4 (e) to allow an accessory structure to exceed the height of the main dwelling by 4 feet, 5 ¼ inches, and
3. a variance from Sec.144-3.8 (b) (10) to allow a two-story accessory building to exceed the 1,000-square-foot size limit by 555 square feet for a total structure size of 1,555 square feet.
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BACKGROUND RATIONALE:
Case #: ZB25-0013
Owner Agent/Applicant: Greg Hirsch, Williams-Hirsch Custom Builders, Inc., greg@williamshirsch.com
Owner: Dougal and Mignon Kenagy, dougal@kenagy.net
Staff Contact: Mary Lovell, (830) 221-4051, mlovell@newbraunfels.gov
The subject property is developed with a one-story 1,830-square-foot home constructed in 1921, and an addition built in 2015. The property also features a 420-square-foot detached shed/garage. The property is zoned “SND-1” Special Neighborhood District-1, and is surrounded by SND-1 zoning and single-family residences to the east, west, north, and south.
The applicant desires to demolish the 420-square-foot detached shed/garage in the backyard and replace it with one structure that will house a garage, family/game room, and guest accommodations. The lower-level family/game room, featuring a vaulted ceiling, is 556 square feet, with an adjoining 337-square-foot garage. Above the garage is a 337-square-foot guest bedroom and bathroom. There is no full kitchen in the structure, as it is not intended to be a permanent accessory dwelling unit. The accessory structure will also feature a covered patio.
To build the proposed structure, the applicant is requesting the following:
a) Variance from Sec. 144-5.4 (d) to allow an accessory structure to occupy more than 30 percent of the rear yard, an increase by 2 percent, for a total of 32 percent coverage of the rear yard.
b) Variance from Sec.144-5.4 (e) to allow an accessory structure to exceed the height of the main dwelling by 4 feet, 5 ¼ inches.
c) Variance from Sec.144-3.8 (b) (10) to allow a two-story accessory building to exceed the 1,000-square-foot size limit by 555 square feet for a total structure size of 1,555 square feet.
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 narrow lot width (50 feet), the 100-year-old existing home, a 30-inch diameter pecan tree in the rear yard, and the deteriorating detached shed create constraints that prevent reasonable expansion of the main house. These conditions make strict adherence to the zoning requirements difficult and have created the need for variances), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that vertical expansion of the existing home is not feasible due to its age and structural limitations. The narrow lot and large rear pecan tree prevent lateral expansion. The proposed accessory structure allows the owners to gain essential living and functional space (garage, family/game room, guest accommodations) while preserving the integrity of the historic home), 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 building will be constructed to meet all safety and building codes and will meet all required setbacks in the SND-1 zoning district), 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 the variance will not prevent neighboring properties from being used in accordance with the SND-1 district regulations. The proposed structure is designed to be compatible with surrounding residences and is unlikely to be visible from the street due to the existing home and mature trees), and
5) That an undue hardship exists; (The applicant identifies several hardships: the narrow lot, the historic home which cannot be expanded, the deteriorating detached shed/garage, and the 30-inch diameter pecan tree in the rear yard, all restricting the ability to provide a functional accessory space within the zoning limits. The applicant states that the current code is highly restrictive regarding accessory structures, and the applicant points to the code update that will reduce restrictions placed on accessory buildings and dwellings, which often require homeowners to request variances for practical accessory structures and home improvements that provide more livability and enjoyment of their property), 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 design of the accessory structure preserves the historic character of the home and neighborhood, using matching siding, trim, and roofing materials. Windows that face neighboring yards are minimized, and the structure’s scale and placement respect the neighborhood context. The applicant’s design ensures that granting the requested variances is in keeping with the intent of the zoning regulations. Keeping a low ceiling in the new garage and placing the bedroom and bathroom above it minimizes the overall height and footprint of the new structure.)
GENERAL INFORMATION:
Size:
Lot area: 8,100 square feet
Lot depth: 162-165 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 15 owners of property within 200 feet of the subject property. To date, staff has received no responses in opposition.