PRESENTER: Presenter
Owner/Applicant: Jameson Gips
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SUBJECT: Title
Discuss and consider a request for a variance to Section 114-98(f) of the City of New Braunfels Code of Ordinances to allow a residential driveway to be built without the required 3-foot wide flares and against the property line, addressed at 291 S East Avenue.
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DEPARTMENT: Transportation and Capital Improvements, Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case #: TT-25-0069
Owner/Applicant:
Jameson Gips
541 Magazine Ave
New Braunfels, TX 78130
Staff Contact:
Carly Farmer, Assistant City Engineer
(830) 221-4023 – cfarmer@newbraunfels.gov
The subject property is located on the northern corner of the intersection of S East Avenue and Dittlinger Street and zoned “R-2” for single-family and two-family district. The subject property is approximately 8,760 square feet in area with an approximate lot depth between 88 and 107 feet and a lot width of approximately 87 feet. There are two existing single-family residences on the property that were constructed in 2022, measuring 1,609 and 1,912 square feet, respectively.
The applicant is proposing to install a driveway with access to S East Avenue for the unit addressed at 291 S East Avenue. The current parking area behind the two units will be removed, and backyards will be constructed for the units. The driveway for the unit addressed at 295 S East Avenue with access to Dittlinger Street will remain. The applicant is requesting a variance in order to construct the driveway on the northern property line and to remove the requirement for 3-foot flares for residential driveways.
Requirements for geometric design of driveway accesses are specified in Section 114-98(f) of the City of New Braunfels Code of Ordinances.
- Section 114-98(f)(3)(a): curb return radii or flares for one or two family driveways shall be five feet or have a three feet flare.
- Section 114-98(f)(4): The tangent point of the driveway curb return at the public roadway line or flare shall be a minimum distance of one foot off the property projected perpendicular to the street centerline, except single family zero lot line lots.
Section 114-100 of the City of New Braunfels Code of Ordinances allows that the Transportation and Traffic Advisory Board may authorize a variance from the right-of-way access and management regulations only upon finding all of the following facts:
1) That because of the particular physical surroundings, shape, and/or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations of this article is carried out; (The applicant states that they are attempting to keep a quality street frontage. The house built is similar to 1920's/30's craftsman houses and a car in front would be detrimental to the appearance of the whole street. The applicant also indicated that the only physical restraint is the walkway from the sidewalk to the front of the house. If built 4' over from the property line which includes the 1' offset + 3' radius, this would put the driveway partially on that walkway.) or an alternate proposal will achieve the same result or intent as the standards and regulations prescribed in this article; (The applicant states that building the flares is acceptable if the driveway is allowed on the property line.) and
2) That granting the variance or alternative proposal will not be detrimental to the public safety, health, or welfare, and will not be injurious to other property or to the owners of the property; (The applicant states that the street is large enough to allow turning. Additionally, the radius will be built in front of a 100+ year oak tree of lot 2. Very unlikely for a driveway to be built there.) and
3) That granting the variance will not nullify the intent and purpose of the code/standard or any other ordinance(s) of the city. (The applicant states that the variance would not nullify the intent and purpose because the driveway would still have the radius.)
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - R-2 / Undeveloped
South – Across Dittlinger Street, R-2 / Single family residence
East - R-2 / Single family residence
West – Across S East Avenue, R-2 / Single family residence
ISSUE:
A property owner is requesting a variance to the right-of-way access and management requirements in Section 114-98(f).
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Staff does not recommend approval of the variance. Construction of a driveway meeting the geometric design requirements does not result in a hardship for the property owner.