Owner / Applicant: Beazer Homes Texas, L.P. / Calvin New
 

The property owner of 5197 Pinder Way, has requested a variance to Ordinance No. 19-S-20, which established the Planned Development District (PDD) Zoning for the Parklands II development, specifically in relation to the Dimensional and Development Standards Section 21.5.7 within Ordinance No. 19-S-20 which stipulates a front building setback of thirty feet (30').

The requested variance is in order to permit a decreased front yard building setback from thirty feet (30’) to allow a twenty-five foot (25’) front yard setback. In other words, the requested variance is to allow a five foot decreased front yard setback for this specific lot within the Parklands II Subdivision. 

The public hearing notice was published in the "San Antonio Express" on September 18, 2023. There were four (4) notices mailed to surrounding property owners on September 15, 2023. At the time of this staff report, staff has received no responses on the request. 

The subject property, 5197 Pinder Way is located within the Parklands II Subdivision which is zoned Planned Development District (PDD), specifically via Ordinance No. 19-S-20 also known as the Parklands II Planned Development District. This zoning ordinance has specific requirements for the front building setback lines for Lots 1-18, Block 1, Lots 1-4, Block 11 and Lots 1-8, Block 2. For these specific lots there is a required thirty foot (30') front building setback line. Specifically 5197 Pinder Way, is Parklands II Subdivision Unit 1, Lot 2, Block 1 and per the PDD is required to have a thirty foot (30') front building setback. 

The applicant submitted a building permit for 5197 Pinder Way on March 27, 2023. This building permit was submitted with construction plans that indicated a twenty-five (25') foot front building setback line. Additionally, the construction plans indicated the proposed residential porch would extend to the identified twenty-five foot (25') building setback line. The permit was reviewed, and ultimately approved and issued on May 9, 2023, with the proposed residential structure being constructed at a twenty-five foot (25') building setback line. 

Per the applicants supporting documentation the forms for the home were set on June 5th, the foundation was poured on June 19th, framing was started on June 21st and completed on July 3rd. On July 5th it was determined by Beazer that the home under construction was built at twenty-five feet (25') rather than the required thirty feet (30') front building setback, which is when the variance process was started. At this time the home is complete and is awaiting final inspections and the outcome of the requested variance. 

The property is located at 5197 Pinder Way within the Parklands II Subdivision. 
 

Existing Zoning	Land Use
Planned Development District (PDD) - Ordinance No. 19-S-20	Residential / Proposed Model Home

Adjacent Properties: 

	Zoning	Land Use
North	Planned Development District (Parklands)	Undeveloped to be developed as residential
South	Right Of Way / Planned Development District (PDD) - Ordinance No. 19-S-20	Pinder Way / Undeveloped to be developed as residential
East	Planned Development District (PDD)- Ordinance No. 19-S-20	Undeveloped to be developed as residential
West	Planned Development District (PDD)- Ordinance No. 19-S-20	Undeveloped to be developed as residential

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 not violate the intent of the UDC or its amendments;
In reviewing the UDC all the straight residential zoning districts R-1 through R-A per UDC Table 21.5.7.A all require a twenty-five foot (25') front building setback line. The Parklands II PDD has a base zoning of R-1 which per the UDC has a twenty-five foot (25') front building setback line. The increased thirty foot (30') was an above and beyond design standard established via the Planned Development District (PDD) process for specific lots. This five foot increase was to increase the aesthetics for the residential homes along Pinder Way and Island Run which are fairly straight roadways. These lots were also identified as requiring an additional tree for a total of 4 per lot with a minimum of 2 in the front yard. Out of the 214 lots that are planned within the Parklands II subdivision, only 30 of the lots are required to have the thirty foot (30') front building setback line per the PDD. Allowing 5197 Pinder Way to remain as permit issued and constructed at twenty-five feet (25') will not violate the intent of the UDC. 

2. Special conditions of restricted area, topography or physical features 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 for 5197 Pinder Way that are not applicable to other properties in the same zoning district. 

3. The hardship is the result of the applicant's own actions; or
The hardship is the result of the applicant's own actions. The applicant submitted a building permit with construction plans with the incorrect front yard building setback identified, and the home proposed to be constructed at the incorrect setback. However, during the Building Permit plan review process, permit issuance and during the inspections of the foundation form the City of Schertz did not identify the error or correct the plans / on site construction to the required thirty foot (30') front yard setback. 

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.
Although the applicant submitted plans with the incorrect front yard setback identified, ultimately the City of Schertz issued the permit with this error which the applicant utilized to construct the residential home. If the requested variance is not approved, the applicant will need to demolish / reconstruct the home in order to eliminate the first five feet of the constructed home to meet the thirty foot (30') front yard setback. The requested variance will allow the constructed home to remain as is at the twenty-five foot (25') building setback line. Allowing this variance will not diminish the intent of the Planned Development District design standards as the rest of the specified lots will be constructed at the required thirty foot (30') front building setback line. 

The City of Schertz Building Inspections Division understands and acknowledges their oversight of this setback error and in an effort to ensure this error does not occur again, there has been additional staff training and internal training documents created on the unique nature of the Parklands II Planned Development District. Additionally, Beazer Homes has acknowledged the error on the submitted building plans and is ensuring that all other residential building permits submitted for the specific lots identified in the PDD will be submitted with the correct thirty foot (30') front building setback line. 

Based on the building plans being submitted in error identifying a front building setback of twenty-five feet (25') and the permit being reviewed and issued without this being corrected to the required thirty feet (30'), and the home being fully constructed at the twenty-five feet (25') per the issued building permit, staff recommends approval of the requested variance to allow a decreased front building setback for 5197 Pinder Way.