P&Z Amendments - Non-conforming Structures

1. Case #402
Proposed Zoning Code
Amendments
(Non-conforming uses)
Presented By: Mark Browne
City Manager
City Council Meeting
Agenda Item # 7
August 13, 2018

2. SUMMARY
 City staff is proposing amendments to
the zoning code to allow single-family
residences to increase the size of an
existing structure, without requiring the
construction of covered parking.

3. 3
BACKGROUND
 During meetings with citizens, who are
proposing additions to their existing homes,
staff has identified a re-occurring issue that
has caused a significant increase in project
costs or has resulted in the abandonment of
projects.

4. 4
BACKGROUND
 City code requires homeowners, who do not
have the required 2 covered parking spaces, to
construct the required covered parking as part
of any home addition, regardless of size.
 Example: If a homeowner had no covered
parking and wanted to expand a kitchen by 3’,
they would be required to also build 2 covered
parking structures as part of their project.

5. 5
BACKGROUND
 Homeowners who did not have the covered
parking calculated in their project abandoned
the project altogether.
 Some homeowners sought variances to the
regulations via the Board of Adjustment.

6. 6
BACKGROUND
 However due to the variance requirement of
needing to identify a “Hardship inherent to
the property” (cost is not considered a
hardship) some individuals were granted a
variance while others were not.
 Those who could provide the covered
spaces also had to seek variances for “lot
coverage and floor to area ratio (F.A.R.).

7. 7
BACKGROUND
 Some homeowners were able to build the
required covered spaces by constructing a
two car garages and meet all other codes.
 A few homeowners were only able to meet
the code by constructing canvas type shade
structures or small carports, instead of 2 car
garages to satisfy the regulation
requirement.

8. 8
BACKGROUND
 Staff is hoping that these proposed changes
will allow citizens to improve their properties
without creating undo hardships and costs.
 Additionally this may reduce the number of
canvas shade structures being constructed
within the city.

9. 9
POLICY ANALYSIS
 (4) A nonconforming use or structure
shall not be expanded in any manner or
form so as to increase the degree of
nonconformity except when such change
may be required by law or ordinance for
the preservation of the health, safety and
welfare of the community.

10. 10
POLICY ANALYSIS (added language)
 (4) (a) Single-Family Structures, that do
not have the required two (2) covered
parking spaces, may be expanded
without a requirement to add or
construct additional covered parking
provided that:

11. 11
POLICY ANALYSIS (added language)
 1. Any addition does not result in the
removal of existing required covered
parking; and
 2. That the property have at least two
off-street parking spaces available; and

12. 12
POLICY ANALYSIS (added language)
 3. That the square footage associated with
any required covered parking, needed to
bring the property into compliance with the
zoning code, automatically be included in
the property’s “Floor to Area Ratio”
(F.A.R.) and “Lot Coverage” calculations to
allow for future construction of two (2)
covered parking spaces.

13. 13
POLICY ANALYSIS (added language)
 3. (i) No addition may be constructed that
would prevent the construction of future
covered parking structures. (P&Z
Recommendation).
 3. (ii) A site plan showing the provision for
future covered parking shall be provided,
along with the Floor to Area Ratio and Lot
Coverage calculations. (P&Z
Recommendation)

14. 14
PLANNING AND ZONING
RECOMMENDATIONS
 Held a public hearing on August 6, 2018
to consider the amendments.
 Approved the amendments as presented
with the following recommendations:

15. 15
PLANNING AND ZONING
RECOMMENDATIONS
 That language be added requiring that
any addition shall not prohibit or hinder
the properties ability to add covered
parking in the future and maintain
vehicular access to that parking.

16. 16
PLANNING AND ZONING
RECOMMENDATIONS
 That a site plan showing how future
covered parking shall be provided, along
with the Floor to Area Ratio and Lot
Coverage calculations.

17. 17
PUBLIC NOTIFICATION
 Appropriate notice was posted on the
City website, and a legal notice was
printed in the official newspaper of the
City of Alamo Heights.

18. QUESTIONS?