PRESENTER: Presenter
Owner Agent/Applicant: Adrian Ayala, Dillo Dev
Owner: Nicole Limburg
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SUBJECT: Title
Public hearing and consideration of a request for two variances, to include: 1. A variance from Sec.144-5.1 (e) (1) to allow the use of a stabilized crushed granite surface for parking areas and maneuvering areas as an alternative to concrete construction, with paved surfaces being limited to the driveway approach and ADA-compliant access to the structure; and 2. A variance from Sec.144-5.1 (f) to allow an existing driveway width of 13 feet, where 24 feet is required, in the C-3 (Commercial District), currently addressed at 330 Kessler Street.
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BACKGROUND RATIONALE:
Case #: ZB26-0007
Owner Agent/Applicant: Adrian Ayala, Dillo Dev
(830) 237-2520 | adrian@dillodev.com
Owner: Nicole Limburg
(512) 466-0565 | nlimburg78746@icloud.com
Staff Contact: Mary Lovell, Senior Planner
(830) 221-4051 | mlovell@newbraunfels.gov
The subject property is developed with a one-story 888-square-foot home, constructed in 1928. The property also features a 576-square-foot detached garage, as well an 80-square foot storage area attached to the main buiding. The property is zoned C-3 (Commercial District), and is surrounded by C-3 zoning and single-family residences to the east, west, north, and south.
The requested variances seek relief from Section 144-5.1, which establishes a 24-foot wide maneuvering width for parking aisles. The existing driveway and approach, both approximately 13 feet in width, reflect a longstanding condition that predates current standards and function as a constrained access point rather than a full parking aisle. Due to the presence of existing improvements and site limitations, strict compliance would require substantial alteration. This constitutes a physical hardship that was not self-created by the property owner.
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 property is developed with an existing structure and driveway configuration that predate current commercial design standards. The structure is positioned toward the front of the lot, and the driveway has historically provided access to the rear of the property.
These existing conditions create physical limitations that affect the property, including:
- The inability to widen the driveway to 24 feet without significant alteration to existing improvements.
- The impracticality of constructing a wider driveway approach that would immediately narrow, creating an inconsistent and potentially unsafe transition.
- The presence of a large rear yard area suitable for parking and maneuvering, which does not require full impervious paving to function effectively.
Additionally, the depth of the lot allows vehicles to enter, maneuver, and exit the site in a forward direction, reducing reliance on driveway width for turning movements. These conditions are unique to the property and stem from its historical development pattern and physical layout, rather than any action of the applicant.), 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 property is located within a C-3 commercial zoning district, which permits professional and service uses. Granting the requested variances allows the property to reasonably utilize its commercial zoning designation while maintaining the existing structure and functional site layout.
Without the variances:
- The property would be required to undergo substantial site reconfiguration disproportionate to the scale of the proposed use.
- The existing structure and site layout would be functionally constrained despite being in a commercial district.
- The ability to utilize the property for permitted commercial purposes would be significantly limited. The requested relief preserves the applicant’s ability to make reasonable use of the property consistent with its zoning, while respecting the existing conditions of the land), 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 requested variances will not be detrimental to public health, safety, or welfare, and remain in harmony with the intent of the ordinance by maintaining reasonable access to a low intensity use while minimizing site disturbance and impervious cover.
The New Braunfels Fire Department has confirmed that emergency access to the structure is available directly from the public street. The proposed use is low-intensity, generating limited traffic consistent with or only slightly greater than typical residential use. The proposed use is expected to generate minimal vehicular traffic, comparable to or only marginally greater than a typical residential use.
The applicant’s business model is based on scheduled appointments rather than walk-in or high-turnover activity, resulting in low and evenly distributed trip generation throughout the day. This limited traffic demand supports the suitability of the existing driveway width and site layout. Maintaining a consistent width between the driveway and its approach improves safety by eliminating abrupt transitions that can create confusion or conflict for entering and exiting vehicles.
The depth of the lot allows for on-site maneuvering, enabling vehicles to exit in a forward direction without backing into the street. The use of a stabilized crushed granite surface for parking and maneuvering areas is appropriate for the low traffic volumes anticipated and provides an environmental benefit by reducing impervious cover, allowing for improved stormwater infiltration, and minimizing runoff compared to full pavement), 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 requested variances are specific to the existing conditions of this property and will not interfere with access, circulation, or development potential of neighboring properties.
The proposal maintains a compatible site layout, with parking located behind the structure and minimal visual impact from the street. The request supports orderly development by allowing appropriate reuse of an existing property without imposing unnecessary changes that are not reflective of surrounding conditions), and
5) That an undue hardship exists; (The applicant states that the hardship arises from the physical characteristics and existing development pattern of the land, including the placement of the structure near the front of the lot, the established location and width of the driveway, and the configuration of the site, which predates current commercial design standards. These conditions limit the ability to comply with current requirements related to driveway width, approach width, and full-site paving without significant alteration to existing improvements. The hardship is not self-created and does not relate to personal or financial considerations, but rather to the inherent constraints of the property itself), 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 intent of the city’s development regulations is to ensure safe access, compatible land use, and orderly development. The requested variances are consistent with these goals by providing safe and functional access to the property, eliminating unnecessary and potentially unsafe design elements, allowing reasonable adaptive reuse of an existing structure within a commercial zoning district, reducing unnecessary impervious cover, and preserving the existing character of the property and surrounding area. The request represents a practical and context-sensitive application of the regulations, achieving their intended purpose while responding appropriately to the unique conditions of the site.)
GENERAL INFORMATION:
Size:
Lot area: 9,000 square feet
Lot depth: 150 feet
Lot width: 60 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North, South, East & West - C-3 (Commercial District), Residential Uses
Notification
Public hearing notices were sent to 19 owners of property within 200 feet of the subject property. To date, staff has received no responses in opposition.