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STAFF REPORT
Project Manager: Crissy Hartl, Staff Planner Report Date: October 26, 2007
Email: chartl@cstx.gov Meeting Date: November 6, 2007
Project Number: 07-00500216
APPLICANT: Monty Parker, Owner
REQUEST: Side building setback
LOCATION: 2438 Newark Circle, Lot 23 Block 3 Castlegate Section 5 Phase 1 Subdivision
PURPOSE: To legitimize a building setback error made during construction
GENERAL INFORMATION
Status of Applicant: Property owner
Property Owner: Same as applicant
Applicable Ordinance Section: Section 5.2, Residential Dimensional Standards
PHYSICAL CHARACTERISTICS
Zoning and Land Use: The subject property and all surrounding properties are zoned PDD
Planned Development District and developed as single family residences.
Frontage: The subject property has 71.11' of frontage along Newark Circle, and 114.27' of side
frontage along Newark Circle
Access: The site survey indicates a driveway along the front of the property.
Topography & Vegetation: The subject property is relatively flat with some vegetation.
Flood Plain: This property is not located within the floodplain.
VARIANCE INFORMATION
Background: This case first came before the Zoning Board of Adjustment in June 2006. An
error was made by the builder in establishing the 15' side street setback. The result was an
encroachment that reaches 11.15' from the property line to the closest part of the home. The
request for a variance made by the builder was denied. Since that time, a new property owner
has purchased the property is seeking to legitimize the error by asking for a variance of 3.85'
to the side street setback requirement.
ANALYSIS
Special Conditions: The applicant states that "the property is on the corner of a circle street
with a radius for its eastern corner. The property is also affected by a public utility easement
and abuts a drainage inlet and fire hydrant on Newark."
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Hardships: The applicant states "the radius of the eastern corner affects the use in a manner
similar to the adjacent structures' styles and sizes. The City approved the slab location prior to
it being poured. The builder initially committed an oversight in pulling the radius string line."
Alternatives: The applicant has offered "removal of the structure" as an alternative.
Recommendation: It is Staff's opinion that the special condition stated by the applicant is not
unique to the property as easements and infrastructure are required for all developed and
developing properties in the City. Additionally, City inspections do not approve slab location;
rather the inspection verifies that the strings have been pulled around the forms, in preparation
for the slab to be poured. Ultimately, it is the builder's responsibility to properly measure the
setbacks. Because staff was not able to identify a special condition or hardship for this
property, staff recommends denial of the variance request.
SPECIAL INFORMATION
Ordinance Intent: Building setback requirements usually allow for some degree of control over
population density, access to light and air, and fire protection. These standards are typically
justified on the basis of the protection of property values.
Similar Requests: The same variance request for this property was presented to the Zoning
Board Adjustment on June 6, 2006 and was unanimously denied.
Number of Property Owners Notified: 22
Responses Received: None as of date of staff report.
ATTACHMENTS
1. Small Area Map and Aerial Map
2. Application
3. Site survey (provided in packet)
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