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HomeMy WebLinkAboutStaff Report STAFF REPORT Project Manager: Molly Hitchcock ZBA Meeting Date: May 4, 2004 Email: mhitchcock @cstx.gov APPLICANT: Shabeer Jaffar REQUEST: Lot width, lot area, and setback variances LOCATION: The northwest corner of Crest and Sterling streets, on Block 2 of the Richards Subdivision PURPOSE: For new single family construction GENERAL INFORMATION Status of Applicant: Property owner Applicable Ordinance Section: Section 5.2 Residential Dimensional Standards PHYSICAL CHARACTERISTICS Zoning and Land Use: The subject property is undeveloped R -1 Single Family Residential surrounded by developed R -1 Single Family Residential. Frontage: Approximately 40 feet along Sterling and 100 feet along Crest Access: Is allowable from either Sterling or Crest Topography & Vegetation: Relatively flat, though above street level, with several trees Flood Plain: None VARIANCE INFORMATION Minimums Required: According to the Unified development Ordinance, the minimum lot width is 50 feet, lot area is 5,000 square feet, side setback is 7.5 feet, and side street setback is 15 feet. Requested: 40 -ft. lot width, 4,000 -sq.ft. lot area, 3.5 -ft. side setback, and 9 -ft. side street setback Case Overview: A development plat will be required of the property before building permits can be issued for any type of development. The lot does not meet the minimum lot width of 50 feet for an R -1 Single Family O:\ group\ deve _ser \stfrpt \zngstfrpt \honda. doc lot; thus the applicant is requesting a 10 -foot variance to the lot width requirement. The property also Tacks the minimum square footage of R -1 lots, so a variance of 1,000 square feet is needed for the property to plat. A single family home is planned for this property that will encroach into the side and side street setbacks. The applicant is requesting a variance of 4 feet to the side setback and /feet to the side street setback to allow for the new construction. 6 ANALYSIS Special Conditions: The applicant offers a small lot size of an older subdivision as a special condition. The property was platted in the Richards Subdivision before the city had subdivision regulations. Looking at the old plats, a portion of the land seems to have been acquired for the Crest Street right -of -way. Hardships: Without a development plat, the property will never receive building permits and thus never be developed. The applicant has stated that it is too small for a house to be built within current setback requirements. Alternatives: As the property is surrounded by public right -of -way and platted land, the only alternative to lot width and lot area variances is to consolidate with adjoining property and replat. If lot width and lot area variances are granted, an alternative to the setback variances is to build a house that would be 17.54- 19.08 -feet wide. SPECIAL INFORMATION Ordinance Intent: Lot dimension and area requirements control the density of development. Building setback requirements usually allow for some degree of control over population density, access to Tight and air, and fire protection. These standards are typically justified on the basis of the protection of property values. Number of Property Owners Notified: 17 Responses Received: The adjoining property owner objects to the granting of variances for the subject property. ATTACHMENTS Location Map Application Site Plan O:\ group \deve_ser \st rpt \zngstfrpt \honda.doc STAFF REPORT Project Manager: Molly Hitchcock ZBA Meeting Date: June 1, 2004 Email: mhitchcock @cstx.gov APPLICANT: Shabeer Jaffar REQUEST: Setback variances LOCATION: The northwest corner of Crest and Sterling streets, on Block 2 of the Richards Subdivision PURPOSE: For new single family construction GENERAL INFORMATION Status of Applicant: Property owner Applicable Ordinance Section: Section 5.2 Residential Dimensional Standards PHYSICAL CHARACTERISTICS Zoning and Land Use: The subject property is undeveloped R -1 Single Family Residential surrounded by developed R -1 Single Family Residential. Frontage: Approximately 40 feet along Sterling and 100 feet along Crest Access: Is allowable from either Sterling or Crest Topography & Vegetation: Relatively flat, though above street level, with several trees Flood Plain: None VARIANCE INFORMATION Minimums Required: According to the Unified development Ordinance, the minimum side setback is 7.5 feet and side street setback is 15 feet. Requested: 3.5 -ft. side setback and 9 -ft. side street setback Case Overview: Because of right -of -way acquisition for Crest Street in 1981, the property does not meet the minimum lot width of 50 feet for an R -1 Single Family lot; but it is allowed to pursue single family development: Any lot made non - conforming solely by means of area dedicated, condemned, sold, or otherwise conveyed for public O:\group\deve_ser\stf pOzngstfrpt\honda.doc right -of -way shall be allowed to pursue any allowed use as if such area were a part of the remaining lot, except that all applicable setbacks shall be adhered to. (UDO Section 9.4.D) As is true for any property in the City, variances based upon a special condition and resulting in a hardship may be requested and considered for the property. A single family home is planned for this property that will encroach into the side and side street setbacks. The applicant is requesting a variance of 4 feet to the side setback and 6 feet to the side street setback to allow for the new construction. ANALYSIS Special Conditions: The applicant offers a small lot size as a special condition. The property was platted in the Richards Subdivision in 1948. It was replatted in 1977, establishing the southwest property line. In 1981, the northeast property line was pushed back when the new right -of -way line for Crest Street was set; thus reducing the width of the lot. Hardships: With the reduced buildable area, the applicant has stated that it is too small for a house to be built within current setback requirements. Alternatives: An alternative to the setback variances is to build a house that would be 17.54- 19.08 -feet wide. SPECIAL INFORMATION Ordinance Intent: Lot dimension and area requirements control the density of development. 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. Number of Property Owners Notified: 17 Responses Received: The adjoining property owner objects to the granting of variances for the subject property. ATTACHMENTS Location Map Application Site Plan O:\ group\ deve _ser\stfipt\zngstfrpt\honda.doc