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Home My WebLink About737BADATE: March 7, 2019 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum front setback in an RS (Residential - Single Family Dwelling) District from 25' to 18.29'. STAFF REPORT In May of 2013, a permit was issued to construct a garage at 8325 Morgan Lane. In December of 2016 the permit was renewed, and final inspections were approved later that month. In June of 2017 it was discovered that the building had doubled in size, and was framed out for a dwelling. A stop work order was issued., At a subsequent inspection, in spite of the stop work order issued, work had been completed. As a detached garage, the setbacks would have all been from side and rear property lines. City ordinance allows for a 2.5' setback from side and rear property lines for a detached accessory structure in a residential zoning district. As a residence, the structure has a required minimum front setback of 25'. The existing structure sits 18.29 feet from the front property line. There are multiple issues with this property. This second house creates a multi -family dwelling on a single family zoned lot. A plat has been submitted to divide the property allowing each structure it's own lot. For the plat to be approved, a Variance must first be approved for the front setback of the new residence. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Plat SP -6, Tract 63-C, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 0.48 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Hieu Dang PROPERTY OWNER: Hieu Dang LOCATION: 8325 Morgan Lane EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: —0.48 acres EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 SURROUNDING LAND USES: NORTH: Educational EAST: Residential SOUTH: Vacant WEST: Vacant COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: year flood plain SURROUNDING ZONING: RS (Residential Single Family Dwelling) IIm LI (Light Industrial) LI Stable Area Morgan Lane - Local street with a 40' right-of-way and 20' pavement width. Open Ditch 8" water line at Major Drive 10" Sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BEAUMONT ISD DANG HIED CHI DANG HIEU CHI & THU THUY THI DOGUET'S RICE MILLING CO OWERS CAROLYN C WHITE CAROLYN BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal () Variance () 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: CLF D" f3Ni 1 �^ � APPLICANT'S PHONE NUMBER: 'q " 1 ( eFAX #: A Qq " 2� �% " Z NAME OF OWNER: ME U -DA O G ADDRESS OF OWNER: 5 3 .� S— /A 0 F '-' -tJ I - t4 ` 6 C7W k O&M '777- -7-7-7Q-7 LOCATION OF PROPERTY:' M �t-j LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. GQ- ) ADDITION ��}} NUMBER OF ACRES O - C2p) -A,.A tao4 T, 777c7 OR TRACT 's q PLAT i . 1 V\OWb 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 SHALIBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISS ON Y T ' A O 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: FILE NUMBER: —75-1 '71-ts DATE RECEIVED: I:: � r 1• ►1M1►�1:T�7i PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 VARIANCE APPLICATION FORM IBEAUMONT, 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 fallowing conditions have been mete CONDITION A: That the granting of the variance will not be contrary to the public interest. The granting of this variance will not be contrary to the public interest because this structtwfa falls within private property and has been granted written approval via adjacent land owners. CONDITION B, ihat literal enforcement of the ordinance vYili result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography oi- other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shrill rnean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, -and the hardship must riot result from the applicant or owner's own actions. This residence is a substantial distance from the public R.O.W. The minor plat wii1 be created to give direct access to this residence. CONDITION C: l hat by granting the variance, the spirit of the ordit'_anix v ili he observed and substantial justice will be done. By granting 6iis variance the spirit of the ordinance Y Y wild be npl-ield. We. believe that this will resolve an issue and be in the best interest of the public. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGj�,,Iq' REQUEST MEETS THE CONDITIONS STATED ABOVE. FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 2525 Calder Street Beaumont, Texas 77702 Surveying Firm No. 100024-00 Engineering Firm No. F-4800 February 14, 2019 City of Beaumont Board of Adjustment 801 Main Street Beaumont, Texas 77701 To Whom It,May Concern: Re: Morgan Lane, Beaumont Telephone (409) 813-3410 Fax (409),813-3484 The application for variance is for the front 25' building setback line and for insufficient frontage onto a public road. Both of these items are identified on the attached site plan. These variances are being requested so that a replat can be done to divide the property into two (2) separate lots so that there is only one residence on each lot. Thank you for your assistance in this matter. If you have any questions, I may be reached by telephone at 409-813-3410. For The Firm, James Faust for Faust Engineering and Surveying, Inc. Census Tract: 3.04 FEMA Flood Zone: X Community Panel NO.: SITE PLAN 485457 0050 D Panel Dote: 8/06/02 N NOW OR FORMERLY I OVERHEAD DOGUET S RICE MILUNG CO. ELECTRIC 1" 40' SCALE. C F. NO. 9706322 J.C.R.P.R. w • = SAVE G.A. P.P. E E E GATE CCOVD ONC P.+ --E E __ wow S 78-499920 1n � g2 0' W 198.87' lk FENCES 78 49'44" EA VE - - - 2 ARA c - GARDENING AREA J 1,4 ' AND SUPPORTS J OCE �`- - -------- 1 a GAZE80 WOOD a7Y �� AREA FENCE 7&40' ONE STORY_ WOOD BUILDING WOOD FRAME W WODOAK SLAB RESIDENCE ON 3200• ON CONC SLAB n UNDER ;•' c �. r N 46:1653' W 19.36' 3 CONSTRUCTION CONC S 0274047 93.26' 25 UILDING SETBACK LINE 0(CAUM 1.79' 51.00' » AN a• NDECK RESMUNCF 01 SWFIS 25' CONC 9R BiXLMQ 5E184p( L/NE CONC a7 zti s WOOD NOW OR FORMERLY STEPS DOGUET'S RICE MILLING CO. �N �0D t?;3frrr,. CF. NO. 9706322 J.CR.P.R. N 8647'15' E 100.00' d t• . ti •p (UUM N 89"W'00• E faarw)'a M Y? • ;t •k':", NOW OR FORMERLY $ r» D CAROLITE gl :. *i': g ~w. taut YN W. JCAD ACCOUNT N0. $ ( • rr' s 19 I 231218-000-003810-00000-8' 16.40 I 200' NOW OR FORMERLY h CO1YC I n CAROLM C. OWERS C.F. NO. 2005004126 JC.R.P.R. PIPELINE I 4' ONE STORY WOOD FRAME I o MARKER RESIDENCE ON BLOCKS �. 16.30' AND SLAB 18.2o' 12WOOD .21.60' P�:•'�4��r7' p# DECKOVERHEAD ELECTRIC JZ —PCE N 8654'155" 3 E' t 7.49' SUN PIPELINE SUNONCO (CAe,m EAS>) MARKER PIPELINE SUN PIPELINE MARKER MARKER MORGAN LANE (40' R.D.W.) BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983 SOUTH CENTRAL ZONE, AND ARE BASED ON OF THENORTH AMERICAN DATUM OF 1983 ADJUSTMENT 2012. STE'pF•`9 RICHARD K •FAUST 4782tv; 4 P,ESS0.- SUR ENGINEERING AND SURVEYING, INC. RICHARD F. FAUST REaVERED PROPESSIONAL LAND SURVEYOR NO. 4782 PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS ENGINEERING ENGINEERING U GfS7RA71aV N0. 002 2525 CALDER STREETw BEAUMONT, TEXAS 77702 YE t409> 813-3410 * FAX (409) 813-3484 FlFI REGISTRATION NQ 100000 e 737 -BA: To consider a request for a Variance to the minimum front setback i R -S (Residential Single Family Dwelling) District from 25' to 18.29'. plicant: Hieu Dang ration: 8325 Morgan Lane 0 100 200 1 1 1 1 Feet