PRESENTER: Presenter
Applicant: David Mills
Owner: Blake Pfeffer
Body
SUBJECT: Title
ZB25-0002 Hold a public hearing and consider a request for a variance to Sec. 144-5.1-1 (e)(1) to allow a residential off-street parking facility (residential driveway) to be constructed of similar material as the existing residential parking facility (residential driveway) to include crushed stone in the Landa Park Estates Subdivision, Block 2, Lot 5, in the R-2 (Single-Family and Two-Family District), addressed at 598 W. Edgewater TerraceHeader
BACKGROUND RATIONALE:
Case #: ZB25-0002
Applicant: David Mills, davidmillscustomhomes@gmail.com
Staff Contact: Mary Lovell, mlovell@newbraunfels.gov, (830) 221-4051
The subject property is developed with a two-story 3,966-square-foot home. The property is zoned “R-2” (Single-Family and Two-Family District). The property is surrounded by R-2 zoning and single-family residences to the east, west, and south, and the Comal River to the north along the rear property line.
Recently, the applicant was issued a building permit to rebuild a home on the property. As part of the permitting process, all construction and development are to be completed in accordance with current code requirements. The current code requires that residential driveways be surfaced with concrete, asphaltic concrete, or a two-course treatment of asphalt.
The applicant requests a variance to allow a residential driveway to be constructed of the alternative material of 1-inch crushed stone.
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 trees will be negatively impacted if the driveway is developed in accordance to the current code. The site plan shows a 25-inch caliper pecan tree located near the proposed driveway with its drip area located directly over the driveway area. The strict application of the code would require putting nonpermeable material over the drip area, severely decreasing the ability to provide water to the root system. The "drip area" or root zone of a pecan tree typically extends to the edge of the tree's canopy, or about 4-6 feet from the trunk, therefore it is important to allow water to pass through the area where the driveway is located.), and
2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states that he recently went through the building permitting process to demo the previous home and has built a new home on the property. Before obtaining a final certificate of occupancy, the existing driveway needs to be refreshed so that it may be used to access and provide off-site parking for the newly constructed home. The applicant desires to use a permeable material for the driveway which will allow adequate access to the lot and parking space, while also preserving the pecan tree located along the driveway area. Before construction of the new home on the property, the residential driveway was in the same location as the proposed driveway and was previously constructed with gravel.), 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 have a detrimental effect on any other properties, or public health, safety or welfare to other properties within the area. The applicant states if the variance is approved, the construction of the driveway with 1-inch crushed stone will be installed by a licensed contractor and meet all safety measures.), 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 granting of the variance will ensure that the preservation of the tree canopy is a priority by providing a safe and environmentally sensitive alternative. In addition, the neighboring house has a shared driveway with this property that has the same type of driveway the applicant is attempting to reclaim. The proposed driveway is consistent with the character of the neighborhood and will not establish an unusual precedent.), and
5) That an undue hardship exists; (The applicant states that the tree and its drip line location pose a hardship of the land. If strict adherence to the code were met, the tree would be adversely affected by using asphalt or concrete and the tree would become stressed, leading to the deterioration of the tree root system.) a,nd
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, to include the preservation of the tree canopy in the City of New Braunfels as supported by the Strategic Plan.)
Draft Land Development Ordinance (LDO) Review:
Staff reviewed the Draft Land Development Ordinance to determine if the draft proposes permeable/pervious materials for off-site parking facilities and residential driveways. The draft LDO allows the use of permeable/pervious materials for off-street parking facilities and residential driveways, as can be seen in these draft sections:
Article 9: Definitions of the LDO, it defines “Pavement, Permeable” as follows:
“A pavement system with traditional strength characteristics, but which allows rainfall to percolate through it rather than running off. A permeable pavement system utilizes either porous asphalt, pervious concrete, pavers interlaid in a running bond pattern and either pinned or interlocked in place, or other permeable technology. Porous asphalt consists of an open graded coarse aggregate held together by asphalt with sufficient interconnected voids to provide a high rate of permeability. Pervious concrete is a discontinuous mixture of Portland cement, coarse aggregate, admixtures, and water which allow for passage of runoff and air.”
Article 4: Development Standards, 4.5.3 Minimum Off-Street Parking B.2.b. Permeable pavers or other porous materials are used for any parking spaces provided above the 115 percent maximum;…
Article 4: Development Standards, 4.5.6 Design of Off-Street Parking Areas, B.3.b. Pervious or Semi-Pervious Surfacing
i. The use of pervious or semi-pervious parking lot surfacing material, including but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass/gravel/shell grids may be approved for off-street parking and loading areas, provided the applicant provides a maintenance plan and commits to an ongoing maintenance program (e.g. sweeping, annual vacuuming, repair of surface damage).
Article 4: Development Standards, 4.9.5 Driveways and Access to Lots, D. 2. Driveway surfacing for one- to four-family residential may consist of two strips or ribbons of concrete under the tire pathways, with grass in between and on the outsides of the paved strips.
GENERAL INFORMATION:
Size:
Lot area: 10,800 square feet
Lot depth: 216 feet
Lot width: Front 50 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - R-2, Comal River, single-family residences
South - R-2, Single-family residence
East - R-1, Single-family residence
West - R-2, Single-family residence
Notification
Public hearing notices were sent to 16 owners of property within 200 feet of the subject property. To date, staff has received no responses.