PRESENTER: Presenter
Applicant/Owner: Shayana Flick
Body
SUBJECT: Title
ZB25-0007 Hold a public hearing and consider a request for a variance from Sec. 144-5.1. Parking, loading, stacking and vehicular circulation, to reduce the number of required off-street parking spaces (5) for a beauty shop/personal service use by 5 spaces in the C-3 (Commercial District), currently addressed at 323 St. Mary Street.
BACKGROUND RATIONALE:
Case #: ZB25-0007
Applicant: Shayana Flick, info@rewaxationspa.com, (818) 370-9255
Staff Contact: Mary Lovell, mlovell@newbraunfels.gov, (830) 221-4051
The property is zoned “C-3” (Commercial District). The property is surrounded by C-3 zoning and single-family residences to the east, west, and north, and open space to the south.
St. Mary Street terminates at a dead end due to the location of the Guadalupe River to the east. The property is approximately 100 feet west of the intersection of Kuehler Road and Business 35.
The subject property is developed with a one-story 912-square-foot home with a 192-square-foot attached storage area. Since the total square footage is 1,104 square feet and the required parking ratio is one space for every 250 square feet of the permitted use of a beauty parlor, also known as a salon, under current code requirements, a total of 5 off-site parking spaces are required.
The applicant requests a variance to reduce the number of required off-street parking spaces (5) for a beauty shop/salon use by 5 spaces in the C-3 (Commercial District).
Section 2.2-2(a) of the Zoning Ordinance states the BOA 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 that the property was built as a single-family home long before commercial parking regulations existed. It is located at the end of a dead-end street, and the lot does not support the required number of parking spaces (with maneuvering space) without significant site modifications. These physical and layout limitations are specific to this parcel and not shared by most commercially zoned properties), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that this property is zoned for commercial use, and the proposed business is fully allowed under C-3 zoning. However, without a variance from the parking requirement, the business cannot be operated due to constraints unrelated to the use. The variance preserves the ability to make reasonable use of the property for a quiet, professional service that creates no disruption to the area), 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 proposed use is extremely low traffic, with no walk-ins, no retail component, and a maximum of four people on site at any given time. Street parking in front of the property is unrestricted, legal, and underutilized. While there is a residential property adjacent to this lot, its access and parking are located on a separate street. The proposed use does not create overflow, block access, or interfere with any neighboring operations or infrastructure), 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 granting of the variance will not impede the orderly use of land within the area. The variance will help in maintaining the property’s residential character and peaceful presence. The proposed use is entirely contained on-site, with no outdoor activity or added traffic beyond what the site already supports. There is no impact on neighboring development, traffic flow, or long-term land uses in the area), and
5) That an undue hardship exists; (The applicant states that there is a hardship to the land since the conditions on the site were created because the lot was constructed for residential use, and its layout does not support commercial parking without major reconstruction. The hardship is not based on personal or financial reasons alone, but on physical limitations, environmental considerations, and a mismatch between the scale of required infrastructure and the very small impact of the proposed business. The applicant states that she is not seeking special treatment, but is operating in line with the city’s evolving parking policies, which already anticipate more flexible solutions for small, low-traffic businesses such as the proposed development), 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 is in harmony with the intent of city regulations because the purpose of the city’s parking code is to ensure safety, accessibility, and responsible use of land. The proposed business will be meeting those goals through an appointment-only model, staff-only use of the driveway, and client use of legal, underutilized curb space. This variance, if approved, will also avoid unnecessary paving and runoff near the river. This variance supports a small business operating responsibly while maintaining flexibility during a time when the city is already re-evaluating its parking requirements.)
GENERAL INFORMATION:
Size:
Lot area: 9,000 square feet
Lot depth: 150 feet
Lot width: Front 60 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - C-3, Single-family residences
South - C-3, Open space
East - C-3, Single-family residence
West - C-3, Single-family residence
Notification
Public hearing notices were sent to 12 owners of property within 200 feet of the subject property. To date, staff has received no opposition responses.