PRESENTER: Presenter
Owner/Applicant: Jon and Shea Wilson
Body
SUBJECT: Title
ZB25-0001 Hold a public hearing and consider a request for a variance to Sec. 144-3.3-1(b)(1)(v), to allow an addition to the main dwelling to encroach 4 feet, 8 inches into the 20-foot rear yard setback in the Mission Forest Subdivision, Unit 3, Block 2, Lot 2,
in the R-1 (Single-Family District), addressed at 622 Ridge Hill Dr.
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BACKGROUND RATIONALE:
Case #: ZB25-0001
Owner/Applicant: Jon and Shea Wilson, jonwilson55@yahoo.com
Staff Contact: Mary Lovell, mlovell@newbraunfels.gov
The subject property is developed with a one-story 2,191-square-foot home located on a knuckle-sac in the Mission Forest Subdivision, Unit 3. The property is zoned “R-1” Single-Family District. The property is surrounded by R-1 zoning and single family residences to the east, west and south, and a private school directly to the north along the rear property line.
Due to its location on a knuckle-sac, the buildable depth of the lot is less than many other lots within the subdivision. The applicant is requesting a variance to allow for an addition to the main dwelling at the rear of the home. The proposed addition would encroach four feet and eight inches into the required 20-foot rear setback in the “R-1” Single-Family District.
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 variance request is due to the house being positioned on an irregularly shaped lot, which causes the setback encroachment. The lot has a narrow width in the front and a wider width in the rear of the property. The depth of the sides is different, with a depth of 187 feet on the east side and a depth of 97 feet on the west side. This results in a very irregular lot configuration making the standard setback requirements difficult to meet), 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 addition is to add space to the home so that grandparents may reside comfortably in the home with their family members who currently reside in the home. If the home was not an irregularly shaped lot, the variance would not be needed. It is a property right for property owners to provide shelter in their homes, such as parents or grandparents, to assist in their daily personal care and medical needs), 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 variance will not cause any public health or safety issues. There will not be an invasion of public space nor the creation of safety issues. There is also a 20-foot utility easement on the abutting school property which prevents any buildings from being located on the property, therefore the addition, if the variance is granted, will not impact adjacent property owners), 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 there will be no nullification of code or standards and will not impede on pedestrian traffic, utilities, nor encroach upon neighboring property), and
5) That an undue hardship exists; (The house is positioned on an irregularly shaped lot, which causes the setback encroachment. Due to the shape of the property, the rear edge of the addition will encroach four feet and eight inches into the 20-foot rear setback. The applicant states that measures were taken to minimize the encroachment as much as possible by moving the addition to the eastern area of the property which has the largest open area in the rear yard. Staff recognizes that the lot has frontage on a knuckle-sac which limits the buildable depth of the property, however the lot meets the minimum requirements for lot depth and area within the R-1 Single-Family Zoning District), and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states that granting the variance will be aligned with the intent of city regulations and will not cause disruption to any surrounding properties.)
GENERAL INFORMATION:
Size:
Lot area: 12,789 square feet
Lot depth: 187 (east) and 97 feet (west)
Lot width: Front 53 feet, Rear 177 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - R-1, School
South - R-1, Single-family residence
East - R-1, Single-family residence
West - R-1, Single-family residence
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.