SUBJECT
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Public hearing and preliminary consideration of the replat of Lot 1400, Block 85, Del Mar Hills into Lot 1400A, Block 85, Del Mar Hills and the granting of a variance to reduce the front yard building setback line from 30 feet to 23.5 feet pursuant to Section 24.77.2 (6) of the Laredo Land Development Code. The intent is residential.
PL-056-2026
District V - Cm. Ruben Gutierrez Jr.
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PREVIOUS COUNCIL ACTION
N/A
BACKGROUND
APPLICANT: Ernest Bruni
ENGINEER: Top Site Civil Group
SITE: This 0.38-acre tract of land is located on Merlin Rd. east of Winchester Dr. The zoning for this 1-lot development is R-S (Residential Suburban District). This tract is located in District V - Cm. Ruben Gutierrez Jr.
Letters sent to surrounding property owners: 19 In Favor: 1 Opposed: 0
COMMITTEE RECOMMENDATION
N/A
STAFF RECOMMENDATION
recommendation
APPROVE SUBJECT TO THE FOLLOWING COMMENTS:
Planning:
1. Staff does not support the requested variance to reduce the front yard building setback from 30 feet to 23.5 feet for the reasons outlined below.
Staff has reviewed the variance request against each of the criteria set forth in Section 2.3.7 (a) and finds as follows:
Section 2.3.7 (a)(i) - Undue Hardship
Strict compliance must create an undue hardship that deprives the owner of the reasonable use of the land. The property currently contains an existing residence, and compliance with the required 30-foot front yard setback does not deprive the owner of reasonable use. The lot remains functional and buildable under the standards of the R-S zoning district. Therefore, an undue hardship has not been demonstrated.
Section 2.3.7(a)(ii) - Unusual Physical Characteristics
Unusual physical characteristics must exist. No irregular lot configuration, topographical constraints, or other unique site limitations have been identified that would prevent compliance with the required setback.
Section 2.3.7(a)(iii) - Unique Design Considerations
Unique design considerations must warrant the variance. The request does not demonstrate design circumstances inherent to the property that would justify deviation from the required standard.
Section 2.3.7(a)(iv) - Planning and Land Use Considerations
Planning and land use considerations must require mitigation of excessive vehicular traffic, noise, dust, vibration, or other intrusive adjacent uses. The request is not related to mitigation of such impacts.
Because the findings outlined in Section 2.3.7(a) cannot be made, staff finds that the criteria necessary to justify approval of the variance have not been satisfied.
APPLICABLE ORDINANCE:
Under Section 2.3.7(a) of the Subdivision Ordinance, the Commission, by a two-thirds majority vote of those members present and voting may grant a variance from specific terms or standards of this chapter if:
(i) Strict compliance would create an undue hardship by depriving the owner or applicant of the reasonable use of the land;
(ii) Unusual physical characteristics exist;
(iii) Unique design considerations warrant; or
(iv) Planning and land use considerations require the mitigation of excessive vehicular traffic, noise, dust, vibration or other intrusive adjacent uses.
Pursuant to Section 2.3.7(e), the Commission shall make findings concerning the factors justifying the decision to grant a variance, and shall include these findings in the official minutes of the meeting at which the variance was granted.
2. Identify all easements.
3. All improvements as per the Subdivision Ordinance.
Fire: No comments submitted.
Traffic Safety: No comments submitted.
Engineering: No comments submitted.
Environmental: No comments submitted.
Water & Utilities: No comments submitted.
WEBB County App: No comments submitted.
AEP Engineers: No comments submitted.
U.I.S.D.: No comments submitted.
L.I.S.D.: No comments submitted.
AT&T: No comments submitted.
NOTICE TO THE DEVELOPER:
Planning:
1. Only the utility easements within the plat boundaries are subject to change prior to plat recordation due to revisions by the utility companies.
2. All comments set forth are preliminary comments and not an exhaustive list. Additional comments may be added prior to final plat approval.
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