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Wimberley Board of Adjustment approves setback variance for Deer Crossing property in floodplain
Summary
The Board of Adjustment granted a variance to reduce the dominant-street setback from 40 feet to 20 feet for a redeveloped lot on Deer Crossing, citing floodplain constraints and the applicant's plan to demolish an existing structure; the motion passed 4-0 with one member absent.
The Wimberley Board of Adjustment voted 4-0 to grant a variance allowing a reduced dominant-street setback for a redeveloped property at 101/102 Deer Crossing after finding floodplain conditions created an undue hardship.
Staff told the board the site is largely inside the 100-year floodplain and partly within the regulatory floodway, limiting available buildable area. "This is the floodway, the regulatory floodway," the staff member said while pointing to the site plan, noting that R-2 zoning requires a 40-foot dominant-street setback and the applicant requests a 20-foot setback.
Rachel, the applicant's representative from Eso Architecture and Design, described a multi-year effort to redevelop the lots after the 2015 flood and said the owners plan to demolish the existing house at 102 to construct a safer home. "They have chose to eventually demo 102 so that they can build a much safer property," Rachel said, adding that the portion encroaching between 20 and 40 feet would be a one-story carport while the main two-story living area would sit behind the 40-foot line.
The board went through the standard six variance criteria aloud and each member answered "yes" to whether special circumstances existed, whether conditions were not self-imposed, whether the variance was necessary to preserve substantial property rights, whether it would not adversely affect public health or safety, whether the property complied with other ordinances, and whether the variance would be in harmony with the ordinance's spirit and purpose.
A board member moved to approve the variance and a second was given; in the roll-call vote the board recorded four affirmative votes from Joe Catherine Quinn, Bob Harla, Brian Woodward and Tom Gordon; Tim Dodds Dodson was absent. "The motion carries," staff announced after the tally.
Planning and zoning had approved a replat in January and staff said the two lots are being combined and the replat will be recorded with the Hays County Clerk. Board members who visited the site said they observed limited impact on neighbors and staff reported letters were sent to properties within 200 feet with no objections reported.
After the vote the board discussed upcoming appointments and reappointments for several places on the board before adjourning.
