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Board grants side‑ and rear‑setback variances for home at 1011 Wiseman St.
Summary
The Board of Adjustment unanimously approved variances allowing a homeowner to retain additions at 1011 Wiseman Street that do not meet current side and rear setback requirements after staff said prior approvals missed the nonconforming dimensions.
The San Antonio Board of Adjustment unanimously granted setback variances that will allow additions at 1011 Wiseman Street to remain after staff concluded the original permits had been issued without detecting the changed setbacks.
Staff described the case as a code enforcement action: an addition was constructed without proper permits and later permitted documents contained incorrect setback dimensions. The application from property owner Jose Gallegos requested a 4‑foot 11‑inch variance from the minimum 5‑foot side setback (to allow an 11‑inch side setback) and a 9‑foot 6‑inch variance from the minimum 12‑foot‑6‑inch rear setback (to allow a 3‑foot rear setback). Staff recommended denial, citing concerns about fire safety, water runoff and the alteration of neighborhood character, but noted neighbor support in returned notices (11 in favor, none opposed).
At the hearing an attorney for the owner said staff had missed the incorrect site plan when the owner first sought permits and that the owner had since installed fire‑rated siding and gutters and secured a recorded easement from an abutting neighbor to resolve maintenance access. The applicant’s testimony and submitted easement and neighbor signatures were entered into the record.
Commissioners found that the owner had sought to cure the defect, obtained easement documentation and secured neighborhood support. Commissioner Manna moved to grant the variances; the motion was seconded and passed by a unanimous roll call vote of 10–0. Chair Orian declared the motion approved and congratulated the applicant.
Why it matters: the decision regularizes an existing home addition brought to the Board through a code enforcement referral. The board’s approval includes findings that the property’s physical circumstances and remedial steps taken by the owner justify reduced setbacks.
What’s next: the variances are effective and permits are pending final city administrative review and required inspections. The owner is responsible for complying with any building, fire‑rating and maintenance conditions required by Development Services.
