|
Back to Calendar
Return
|
| |
5.A.
|
| Board of Adjustment |
|
|
|
| GENERAL INFORMATION: |
Owner: Chile Silmer
Applicant: Chile Silmer
|
| REQUEST |
| The property owner of 2937 Mistywood Lane has requested a variance to Unified Development Code Article 5 Section 21.5.7 Dimensional and Developmental Standards in order to permit a building expansion (enclosed covered patio) into the required twenty-foot (20’) rear setback. |
| PUBLIC NOTICE: |
The public hearing notice was published in the "San Antonio Express" on, November 9th, 2022. There were 36 notices mailed to surrounding property owners on November 8th, 2022. At the time of this staff report, staff has received one (1) response nuetral.
Also, this variance request was originally set to be heard during the November 7th, 2022, Board of Adjustment meeting. At that time the mailers were sent out with an addressing error which caused this particular agenda item to be rescheduled. There were three (3) responses that were received then, one (1) in favor and two (2) opposed. |
| ITEM SUMMARY: |
The applicant would like to build an enclosed covered patio, described in the attachments as a "four-season room", in the backyard of the subject property. The applicant's property is zoned Single-Family Residential R-7 and has a 20-foot rear set-back design requirement. The structure on the property is built up to the set-back line. Current zoning requirements would prevent this structure from being built, thus a variance has been requested.
Unified Development Code (UDC) Article 5 Section 21.5.7.A Dimensional Requirements:
| District |
Minimum Lot Size and Dimensions |
Minimum Yard Setback (Ft) |
| |
Area Sq. Ft. |
Width Ft. |
Depth Ft. |
Front Ft. |
Side Ft. |
Rear Ft. |
Impervious Coverage |
| R-7 |
6,600 |
60 |
110 |
25 |
10 |
20 |
50% |
The "four-season" room will be a 10 ft. x 16 ft. attached enclosed structure extending from an already existing covered patio. The new structure will extend approximately 8 ft. into the setback line. The applicant claims this room will be for leisure purposes only. |
| SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING: |
The property is located at 2937 Mistywood Lane, in the Riata Unit 3B subdivision.
| Existing Zoning |
Land Use |
| Single-Family Residential (R-7) |
Single-Family Residential |
Adjacent Properties:
| |
Zoning |
Land Use |
| North |
Single-Family Residential (R-7) |
Single-Family Residential |
| South |
Single-Family Residential (R-7) |
Single-Family Residential |
| East |
Single-Family Residential (R-7) |
Single-Family Residential |
| West |
Single-Family Residential (R-7) |
Single-Family Residential |
|
| 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 violate the intent of the UDC or its amendments;
The purpose of UDC section 21.5.7 is to detail design requirements for the various zoning districts to lessen the congestion in the streets, to secure safety from fire, panic and other dangers, to ensure adequate light and air, to prevent the overcrowding of land and thus avoid undue concentration of population. Each lot has impervious coverage requirements to ensure adequate open space and prevent excessive stormwater runoff. Setbacks are used to help meet these requirements.
They are established with reasonable consideration for, among other things, the character of each zoning district and its peculiar suitability for the particular uses specified, conserving the value of buildings and environmentally sensitive features, and encouraging the most appropriate use of land throughout the City. This variance increases the building footprint by constructing a 10 ft. x 16 ft. enclosed structure which will encroach 8 ft, into the rear setback which will violate the intent of the UDC.
2. Special conditions of restricted area, topography or physical features do not exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district;
There are no special conditions of restricted area, topography, or physical features that are peculiar to this parcel compared with the parcels in the proximity in the same zoning district.
3. The hardship is the result of the applicant's own actions;
The applicant is requesting a variance to build into his setback line. There is no hardship as a result of factors outside the control of the applicant. Therefore, if the applicant is considering not being allowed to build into his setback line a hardship, it is the result of his own actions.
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.
Every zoning district in the city has setback requirements that the city enforces. The R-7 single-family zoning district was deliberately considered and designed to have a 20 ft. rear setback. Allowing an encroachment into setbacks will violate the intent of the UDC.
|
| STAFF ANALYSIS AND RECOMMENDATION: |
| Staff recommends denial of PLVAR20220141, a request for a variance to UDC Section 21.5.7 Dimensional and Developmental Standards to build into 20 foot rear setback line. |
|
|
|