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Board of Adjustment denies variance request for accessory structure at 519 W. Kings Highway
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Summary
The board rejected a request by homeowner Felice DeNovo to reduce the rear setback to 1 inch for an accessory structure at 519 West Kings Highway, citing fire-safety and maintenance-access concerns; the motion failed 1-10.
The San Antonio Board of Adjustment on Wednesday rejected a variance that would have allowed an addition to an accessory structure at 519 West Kings Highway to encroach to about 1 inch from the rear property line. The applicant, Felice DeNovo, asked the board to reduce the required 3-foot rear setback, saying the narrow, 50-foot lot and the placement of the existing garage left no practical alternative for the small storage addition.
"The structure allows passage from one side of the garage to the other and is used for normal residential storage," DeNovo said during her presentation, and she told commissioners she had gathered neighborhood support and would remove flammable materials if required. Staff had recommended denial, citing sufficient developable space elsewhere on the lot and concerns about increased fire spread and stormwater runoff.
Commissioners pressed the applicant on practical maintenance and fire-review questions, and several members said the conversion to any form of accessory dwelling unit would increase risk unless the applicant secured a permanent maintenance easement from the adjoining property owner. Commissioner Manna, who moved to grant the variance, argued the property's configuration created a hardship; other members disagreed. The motion failed on a roll-call vote, 1 in favor and 10 opposed.
The board's denial leaves the property subject to the existing zoning setback rules; staff advised DeNovo to consult with development services on alternatives and on the building-permit plan review that would be required for any future ADU work.
