PRESENTER: Presenter
Applicant / Owner: Peter Landerman
Body
SUBJECT: Title
ZB23-0015 Hold a public hearing and consider a request for a variance to Section 144-5.1-3(c) to allow a reduction in the minimum required parking in the “M-1” Light Industrial District, addressed at 596 S. Castell Avenue.
BACKGROUND RATIONAL:
Case #: ZB23-0015
Applicant: Peter Landerman
767 W. Merriweather St.
New Braunfels, TX 78130
(512) 865 - 8569 ׀ pete@2tarts.com
Staff Contact: Laure Middleton
(830) 221 - 4054 ׀ LMiddleton@newbraunfels.gov
The subject property is located at the west corner of Castell Avenue and West Jahn Street and is platted in the Jahn Addition Subdivision, New City Block 1022, Block 11, Lot 10. The subject property is approximately 6,373 square feet in area with a lot depth of approximately 125 feet, and a lot width of approximately 55 feet. The property is zoned “M-1” Light Industrial District, was previously used as a bakery and residence, and is currently vacant and in renovation.
The applicant is proposing to renovate and open a restaurant with a total gross floor area of approximately 1,100 square feet. Chapter 144-5.1-3(c) of the New Braunfels Code of Ordinances requires a minimum of 1 parking space for each four (4) seats for patron use, or 1 for each 100 square feet of gross floor area for restaurant use, whichever calculation is greater, for a minimum required total of 11 spaces by square foot calculation.
The applicant is requesting a variance to allow a reduction in the required minimum parking to a total of 2 provided spaces.
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: “The property in question is a corner lot with named roadways on three sides of the property. There are utility poles and heritage oak trees that would prevent the addition of parking spaces, and if said spaces were to be created, they would have to back into a right of way which is also not allowed.”) and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states: “The property is zoned M-1 and already has a built out commercial kitchen, complete with vent hood, fire suppression, make-up air, grease trap, and three compartment sink.”,) 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: “No.”) 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:” No.”,) and
5) That an undue hardship exists; (The applicant states: “The layout of the land coupled with the aforementioned special circumstances of the land prevent the creation of the now required parking spaces.”) and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states: “YES. We believe that our desire to have a restaurant tenant in the listed property is in alignment with the Castell Revitalization project, where it has our portion of Castell Street earmarked for "bungalow business district". We also believe that we are in alignment with the 2018 South Castell Ave Masterplan, which was created in partnership with the Envision New Braunfels group, the Downtown Association, the City Building and Planning Department, as well as the Chamber of Commerce, as a catalyst for downtown redevelopment. We also believe that we are in alignment with the TIRZ #3 Downtown district, as we are trying to preserve the character and charm of the 1938 house that sits on the edge of the proposed pedestrian corridor as highlighted in the 2010 Downtown Implementation Plan. We would be slated to be the gateway to downtown, representing the history and charm of New Braunfels, while lending to a bit of modernity with an historic building being repurposed for a better use. The 2021 action further bolsters our argument, siting the need to widen the scope of the downtown parking district (which would allow us to utilize street parking for our C/O) as well as lessening the parking requirement for downtown businesses. It is our understanding that the Planning Department is working on updating the Land Development Requirement (LDR) for downtown. As stands today, there are only a handful of properties on the entirety of Castell Street being used for residential housing. The rest, and might I add, the majority of the properties on Castell Ave are either businesses or vacant. From the many offices in the immediate vicinity of the property being discussed, we have only heard the excitement that a small restaurant in the area would bring.”)
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: 6,372.83 square feet
Lot depth: 125 feet
Lot width: 55 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - Across Castell Ave., C-2 / Law Office
South - Across Colvin St, M-1 / Restaurant & Bar
East - Across W. Jahn St, M-1 / Single-family residence
West - M-1 / Single-family residence
Notification
Public hearing notices were sent to 13 owners of property within 200 feet of the subject property.