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5.B.
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| Board of Adjustment |
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| GENERAL INFORMATION: |
Owner: Church of the Good Shepherd, Flores P F Archbishop
Applicant: Harry Bennett
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| REQUEST |
| The Church of the Good Shepherd, located at 1065 Live Oak Road is requesting a variance to UDC Article 9, Section 21.9.8 Screening and Fencing, specifically subsection 21.9.8.B.3 in order to not install an eight foot (8’) masonry screening wall between nonresidential and single family zoned properties. |
| PUBLIC NOTICE: |
| The public hearing notice was published in the "San Antonio Express" on October 19, 2022. There were eighteen (18) notices mailed to surrounding property owners on October 18, 2022. At the time of this staff report, staff has received one (1) response in relation to the request, but the response did not indicate in favor, opposed, or neutral to the request. |
| ITEM SUMMARY: |
The subject property, 1065 Live Oak Road, is not only utilized for the Church of the Good Shepherd for congregation, but is also utilized for their other outreach and ministry programs such as the "St. Vincent de Paul", which provides a food pantry along with financial aid and consulting services and operates every Monday from 10:00am to 12:00pm. The Church of the Good Shepherd is currently utilizing the existing metal building at the rear of the property for the food pantry service.
Per the applicants request letter, due to the growing needs of the community, the Church of the Good Shepherd has submitted a site plan certification application in order to construct a building expansion in order to create needed office space for the food pantry ministry. The proposal includes a driveway from the existing parking lot to the existing metal building in the rear of the property. The existing metal building is proposed to have an expansion along with the creation of 8 parking spaces.
Due to the proposed expansion being greater than 25% of the existing structure, the site plan process was required. As part of the site plan review, it was determined that per UDC Article 9, Section 21.9.8 Screening and Fencing, specifically subsection 21.9.8.B.3 which requires the construction of an 8 foot tall masonry screening wall between non-residential and residential properties would be required. In reviewing the site plan, staff utilized limits of construction rather than looking at the full Church property, as the proposed modifications were limited to the northwest corner of the property. In doing so, the proposed building expansion would require the construction of 190 feet of 8 foot tall masonry screening wall in addition to the required landscaping. In addition to the masonry wall, the project would be required to install a 20 foot wide landscape buffer with 1 shade tree for every 30 linear feet and 10 shrubs for every 50 linear feet.
Per the submitted site plan and associated landscape plan, the Church of the Good Shepherd is proposing to have a wood privacy fence along with a 20-foot wide landscape buffer to include 14 trees (4 of which are existing) and 51 shrubs. The landscaping is providing an additional 7 trees over what would typically be required an additional 13 shrubs over what would typically be required. The property owner and applicant are proposing this fence and the additional landscaping as a means to provide the sound and light barrier that would be provided by the masonry wall if it were installed. |
| SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING: |
The property is located 1065 Live Oak Road, more specifically Lot 1, Block 1 of the Good Shepherd Catholic Church Subdivision.
| Existing Zoning |
Land Use |
| Public Use District (PUB) |
Church |
Adjacent Properties:
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Zoning |
Land Use |
| North |
Single Family Residential (R-1) |
Residential |
| South |
Right of Way |
Live Oak Road |
| East |
General Business (GB) |
Undeveloped / Commercial |
| West |
Public Use District (PUB) |
City of Schertz Water |
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| CRITERIA FOR REVIEW |
According to Unified Development Code (UDC), Article 3, Section 21.3.4.B, in order to make a finding of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does not violate the intent of the UDC or its amendments;
The purpose of UDC Article 9 Section 21.9.8.B.3 is to provide a sound and light barrier between non-residential and residentially zoned properties by requiring the 8-foot tall masonry wall. The overall intent of the UDC is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City. Although the proposed variance request if approved would not require the construction of the masonry wall, the wood fence and increased landscaping that is being proposed with the development will provide screening and buffering for the adjacent residentially zoned property. Additionally, since they are only proposing development on a small portion of the Church property only 190 feet of the back property line would be required to provide the masonry wall at this time. By not requiring the masonry wall it will make the rear property screening consistent.
2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district;
The existing metal building has been on the property, per aerial imagery, since at least 2005. The food pantry is already operating out of this metal structure regardless of the proposed expansion. The proposed expansion is located in front of the existing structure, approximately 150 feet from the rear property fence and the adjacent residentially zoned property. Unlike other new developments where there is an existing residential neighborhood and a commercial business is then developed, the Church of the Good Shepherd purchased the property in 1997. The proposed building expansion should have a minimal impact on the adjacent residentially zoned property due to the property already being used for the Church and the food pantry operation. Additionally, the residentially zoned property immediately adjacent to the subject property was previously utilized by Bexar Waste for industrial purposes including storing of dumpsters and associated equipment. Currently, there is one residential structure on the property.
3. The hardship is the result of the applicant's own actions;
The request is to not require the masonry screening wall and instead provide increased landscaping in order to meet the screening and buffering intent of the UDC. The Church of the Good Shepherd is actively requesting this variances so their associated site plan can complete the approval process, and they can obtain a building permit in order to construct the desired food pantry expansion.
4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions.
The subject property is currently zoned Public Use District (PUB) and has been utilized for a Church and the associated food pantry for many years without the requirement to install the masonry screening wall. Unlike other commercial developments the proposed food pantry expansion will have minimal impact on the adjacent residentially zoned property. By not requiring the installation of the masonry screening wall, the screening and buffering intent of the UDC will still be provided by increased landscaping that is being proposed.
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| STAFF ANALYSIS AND RECOMMENDATION: |
| Staff recommends approval of PLVAR20220155, to not require the installation of an 8-foot masonry wall between the proposed food pantry expansion and the adjacent residential. |
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