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Board approves setback variances to keep carport at 4518 Newcomb Drive
Summary
The Board of Adjustment granted side and front setback variances for a carport at 4518 Newcomb Drive, allowing the structure to remain 1 inch from the side property line and 1 inch from the front with gutters; vote passed 9–2. The carport was built without a permit and the owner paid for permits after receiving a stop‑work notice.
The San Antonio Board of Adjustment granted two variance requests that will allow a carport already built at 4518 Newcomb Drive to remain in its current footprint.
Planner Joa Palimas presented case BOA‑25‑10300066 and said code enforcement responded to a citizen complaint on April 9, 2025, and found a detached carport constructed without a permit that violated front and side setbacks. Staff recommended denial, citing insufficient room for runoff and fire‑safety maintenance and that the variance would alter the character of the district. Palimas reported 18 mailed notices with three in favor and two opposed.
John Saxkin, speaking for his mother and the property owner Beatrice Ramirez, told the board the carport was completed March 29 and that the contractor would not permit changes or refund work after completion. He said the family paid permit fees April 10 after being notified and provided neighbor letters supporting the carport. Saxkin said the carport accommodates four vehicles and was installed to protect vehicles from sun damage. "We built it, paid for it… we were informed a little too late," he said.
Board members questioned whether gutters could be added without encroaching on a neighbor’s property and whether any retaining wall or runoff would be affected. The applicant amended the application to include gutters; the board discussed that administrative variance options exist for small encroachments and that final building‑permit review must still confirm compliance with building and fire codes.
A motion to grant a 4 foot 11 inch variance from the minimum 5 foot side setback (allowing a 1‑inch side setback) and a 9 foot 11 inch variance from the 10 foot front setback (allowing a 1‑inch front setback with gutters) passed on roll call, 9–2. Yes votes included Commissioners Orion, Stevens, Ybanez, Dean, Cruz, Benavides, Vasquez, Bonillas and Chair Ozuna. Commissioners Manner and Barrington voted no.
Why it matters: The decision regularizes an existing structure built without a permit and balances neighborhood concerns about drainage and property lines with the applicant’s stated hardship and evidence of neighbor support.
Next steps: Staff will continue permitting and inspections to confirm building‑code compliance; the applicant was advised to provide evidence of contractor licensing and to address any remaining drainage/gutter details as part of the permit review.
