Council approves special-use permit for guest house after staff says original permit was issued in error

Bulverde City Council on Jan. 14 approved a special-use permit allowing a guest house at 31880 Jaybird Lane after staff told council the permit had been issued in error by prior planning staff.

Planning staff told the council the structure sits inside the property’s front setback and that the prior permit did not include the required zoning review. “This permit was issued in error and was revoked,” the planning staff presenter told council during the public hearing, noting the city cannot authorize violations of the zoning ordinance whether by mistake or intentionally.

The property is in an R-2 single-family zoning district on roughly a three-acre lot, the applicant’s representative said. The applicant’s team asked the council for two steps: (1) a special-use permit to authorize a guest house use on the lot, and (2) a subsequent variance from the Board of Adjustment to place the structure within the front setback if necessary.

Council members and staff discussed floodplain proximity, driveway location and whether the guest house could later be used as a rental. The applicant’s representative said the intent is temporary occupancy by family while they build a primary residence and that utilities will be shared with the main house. One council member asked whether the city could attach a condition preventing the unit from becoming a rental; staff advised that such a private restriction would need to be handled as a recorded deed restriction or a separate private agreement rather than written directly into the zoning ordinance.

Council voted to approve the ordinance granting the special-use permit; staff said it will schedule a Board of Adjustment hearing to consider a front-setback variance.

Because the city’s sign-off error preceded new SUP standards adopted in December, staff characterized this as a compliance issue followed by corrective land-use approvals rather than a new policy precedent.