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HomeMy WebLinkAbout735BADATE: February 7, 2019 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum rear setback in an RM -H (Residential Multiple Family Dwelling - Highest Density) District from 25' to 15'. FILE: 735 -BA a I . Ross Hansen has applied for a variance to the minimum rear yard setback for the property at 3855 Central Pointe Drive. The property is zoned RM -H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback. In 2007 a plat was filed for Pointe' Park, a cluster housing development. As the market quickly changed, so did the demand for housing. In 2011 and 2013, several replats were filed creating standard single family lots for the west half of the original subdivision. These new single family lots vary in depth, some are 110 feet deep, some are 120 feet deep. The lots in question are 110 feet deep. Minimum lot depth for RM -H districts is 100 feet, so the minimum lot depth is not an issue. At least one house has been built, to code, on one of the 110 foot deep lots. Mr. Hansen states that the narrowness of the lot limits design flexibility. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATIO Notices mailed to property owners 26 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 4, Block 3, Pointe' Park Subdivision, Beaumont, Jefferson County, Texas, containing 0.148 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Baxsen Builders L.L.C. (Ross Hansen) PROPERTY OWNER: Ross Hansen LOCATION: 3855 Central Pointe EXISTING ZONING: RM -H (Residential Multiple Family Dwelling - Highest Density) PROPERTY SIZE: —0.15 acres EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RM -H (Residential Multiple Family Dwelling - Highest Density) EAST: Residential RM -H SOUTH: Vacant GCMD-2 (General Commercial Multi- Family Dwelling -2) WEST: Vacant COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE RM -H Stable Area Central Pointe Drive - Local street with a 30' right-of-way and 20' pavement width. Curb and Gutter 12" water line 8" Sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' HAMBURG PARTNERS LTD HAWKES CHARLES KEITH & HUNG LE CUONG LANE JOANNE D LIGHTY FRANCES H LIMING BARBARA MIDDLETON MARGARET CHARLOTTE N & N BEAUMONT LLC NANCE DANICA PEEBLES ROBERT H & GRETA F POINTE PARKWAY INVESTMENTS INC SMITH KENNETH E JR & BARBARA E SNELSON ALEXANDER C & DENA TRAYLOR GEORGE W & KATHY BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal (W<ariance () Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. APPLICANT'S NAME AND ADDRESS: _r,_F�3 APPLICANT'S PHONE NUMBER: r yt?9� GsSc� -'3 G !'q FAx #:T% S(D 9) 944-29 33 NAME OF OWNER: Rama A -4y do -ADDRESS OF OWNER: /'S,ZG �S I -L &Aft�� % !7 '2'Z ! 3 LOCATION OF PROPERTY: ��j C,d-A 446 t 10I , �r- LEGAL DESCRIPTION OF PROPERTY: LOT NO. If-/ OR BLOCK• ADDITION_? �c-/" DD! i fi NUMBER OF ACRES PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. SUBMIT A LETTER STATING IN AS MUCH DETAIL, AS POSSIBLE REASONS FOR THE REQUEST. SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE. A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BY THE B OARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATURE: DATE:" PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET FILE NUMBER BEAUMONT, TX 77701 DATE RECEIVED: A P.O. BOX 3827 77704 RECEIPT NUMBER: (409) 880-3764 FAX (409) 880-3133 VARIANCE APPLICATION FORM BEAUMONT, TEXAS The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance willnotbe contrary to the public interest. t w t� A t��.y+ Pryiw-4y ow n,r�s CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property- itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. Algrrobm-e." Ot /Of- A4:5 Ii M I �ed d'61!5^ re -S u l 'bAi tr+ A %oiyyer douse- 4-oA � 74o ,,baa , -o at jclveer arade( i i k e" 4 to D f e 6 's e444 d o4- zg" JA l• QA I A U 4 0 41.E 1 hdtflsc 114e - CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. �f dkPf ro t, le eX f-11 5 V42r- ha A e- e W t l! 92"Y PrO�=4 y Orem V44s or I -X e «•*rvr+.v 41 as 4t ccl a le - I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Zai / mss" 4-` Date: �" / •--�� Phone Igo %C�f3 'J?� �g FAX #CV d .1 ' �_ r 4L FLOT FLAN SCALE 1 11 = 20 �-0" LOT 3 SLK 3 38?%5 CENTRAL POINTE' DRIVE POINTE' FARK 0 ro0,00, File 735 -BA: To consider a request for a Variance to the minimum rear setback an RM -H (Residential Multiple Family Dwelling -Highest Density) District fn 25' to 15'. Applicant: Baxsen Builders, L.L.C. Location: 3855 Central Pointe 0 100 200 1 1 1 1 Feet