PRESENTER: Presenter
Applicant / Owner: James S. Bettersworth / Bettersworth Law Firm, LLC
Body
SUBJECT: Title
ZB23-0013 Hold a public hearing and consider a request for a variance to Section 144-3.3-9(b)(1)(v) to allow a commercial office building to be built within the required residential setback, and to Section 144-3.3-9(b)(1)(iv) to allow a commercial office building to be built within the required rear setback in the “C-3” Commercial District, addressed at 120 W. Faust Street.
BACKGROUND RATIONAL:
Case #: ZB23-0013
Applicant: James S. Bettersworth
110 W. Faust St.
New Braunfels, TX 78130
(210) 602 - 9547 ׀ James@bettersworthlaw.com
Staff Contact: Laure Middleton
(830) 221 - 4054 ׀ LMiddleton@newbraunfels.gov
The subject property is located approximately 100 feet west of the southwest corner of Groos Street and West Faust Street and is within the Highway Addition Subdivision, New City Block 1061, originally recorded in 1926. The subject property was apparently reconfigured 10/28/1980 according to CAD records, into a lot facing Faust Street, approximately 8,102 square feet in area with a lot depth of 112.5 feet, and an average lot width of 68.25 feet, approximately 61.5 feet of frontage on Faust Street and 75 feet of width at the rear of the lot. The property is zoned “C-3” Commercial District and is undeveloped.
The applicant is requesting a variance to allow a commercial structure to encroach approximately 10.5 feet into the side residential setback, prescribed by Chapter 144-3.3-9(b)(1)(v) of the zoning ordinance to be a minimum of 20 feet plus 1 foot for each foot of height over 20 feet. The intent of the residential setback is to create a buffer between the uses and maintain the privacy and ability to enjoy the residential use of a residential property.
The proposed commercial building is 28 feet in height, requiring a 28-foot setback from the neighboring residential property. The applicant is proposing a residential setback of 17’ 7.5” for an encroachment of 10’ 4.5” at the front of the building and 21’ 2 ¼” at the rear of the building for an encroachment of 6’ 9 ¾ “.
The applicant is also requesting a variance to the rear building setback prescribed by Chapter 144-3.3-9(b)(1)(iv) of the zoning ordinance to be 20 feet from the rear property line. The applicant is proposing a rear setback of 5’9 ¾”, for an encroachment of 14’2 ¼”.
Section 2.2-3(a) of the Zoning Ordinance states the ZBA may authorize a variance from the zoning regulations only upon finding all of 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 they wish to build a structure that will serve as a law office on the subject lot. The lot size a special circumstance that is unique when taking into consideration the impact that Chapter 144-3.3-9(b)(1)(v) has on the highest and best use of the lot. The proposed structure is 28 feet tall. Per 3.3-9(b)(1)(v) the proposed structure would have to be 28 feet from the residential lot to the left. In order to comply with the fire code, the proposed building must be 10 feet of the right property line leaving only 23.42 feet to place a structure which is not possible. Staff acknowledges that the residential setback would be 28 feet in this case, but the required side setback to the right property line must be a minimum of 5 feet, leaving 33.42 feet of building footprint width,) 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 highest and best use of this lot is as a small office building. The proposed plans are for an approximate 2000 square foot office building designed to fit with the character of the neighborhood. The applicant state that setback requirements in Chapter 144-3.3-9(b)(1)(v) are preventing the owner from doing this. The applicant states that a variance is necessary to allow the building to be placed on the lot as shown on the attached site plan.) 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 the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area, the proposed structure is designed to fit into the neighborhood esthetics and intentionally excluded windows on the taller part of the structure that faces the residential neighbor to maintain privacy. The applicant states this is a professional office building and would generate the noise level similar to a residence. The applicant states that the addition of the building will have a positive impact on the neighboring properties and the property directly across the street is a parking lot for Adobe Cafe.) 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 variance will not prevent the orderly use of other land within the area as the proposed structure is an office building designed to fit into the neighborhood, the neighboring residential property already faces all commercial properties, including Adobe Cafe, an auto parts store and Time Warner; the vast majority of the properties in this area are being used for commercial purposes; the granting of the requested variance will in not way prevent the orderly use of other properties within the area and will not prevent another property from complying with a regulation or ordinance.) and
5) That an undue hardship exists; (The applicant states that because of the lot’s dimensions, the ordinance at issue creates an undue hardship to the land; this hardship was not self-created and is not personal or financial; the application of the ordinance to the land prevents the owner from using the land for most anticipated purposes; in order to build a commercial building on this lot, there are other codes that must be complied with which this ordinance makes impossible. Staff notes that the intent of the residential setback is to protect the character, privacy, enjoyment, and value of residential properties,) and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states the purpose of the zoning ordinance is to ensure adopted development standards promote the health, safety, and the general welfare of the public; development standards have been established with reasonable consideration for the character of the zoning districts and impacts created by various land uses; variances may not conflict the intent of the zoning ordinance regulations or the goals of the Comprehensive Plan; granting of the variance will be in harmony with the spirit and purpose of the City’s regulations; the neighbors have noted that the lack of outdoor storage has long been an issue at this location causing unsightly clutter and unsafe hazards as former owners have resorted to running extension cords over the open driveway to charge their golf carts; allowing residents to recreate and entertain friends and family is part of the cultural traditions of New Braunfels. Staff notes that the intent of the residential setback is to protect the character, privacy, enjoyment, and value of residential properties.)
Per Section 2.2-3 of the Zoning Ordinance, a variance shall not be granted to relieve a self-created or personal hardship, nor based solely on economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by Chapter 144 to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.
GENERAL INFORMATION:
Size:
Lot area: 8,102 square feet
Lot depth: 112 feet
Lot width: 61.5 - 75 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - C-3 / County offices
South - Across W. Faust St., C-3 / undeveloped
East - C-3 / Single-family Residential
West - C-3 / Office
Notification
Public hearing notices were sent to 14 owners of property within 200 feet of the subject property in accordance with state statute.