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Home My WebLink About740BADATE: May 2, 2019 TO: . Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum rear yard setback in an RM- H (Residential Multiple -Family Dwelling -Highest Density) District from 25' to T. FILE: 740-BA Layne Wilson of Spindletop Builders is requesting a Variance to the minimum rear yard setback for the property at 9145 Chicory Street. The subject property is on a cul-de-sac and therefore allows for a 15' reduced front yard setback. RM-H (Residential Multiple -Family Dwelling - Highest Density) zoning requires a 25' rear yard setback. This plat was filed very recently with existing RM-H zoning and is in compliance with platting requirements. The builder now desires to build according to the setbacks set forth in R-S (Residential -Single -Family Dwelling) zoning. Given the recent platting, it may be more appropriate for the developer to rezone all lots in the RM-H area to R-S zoning. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. i 1 ! Notices mailed to property owners 14 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 20, Block 24, .181AC, The Meadows, Phase 3, West, Beaumont, Jefferson County, Texas. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Spindletop Builders PROPERTY OWNER: Daniel Daigle LOCATION: 9145 Chicory Street EXISTING ZONING: RM-H (Residential Multiple -Family Dwelling - PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential DRAINAGE: Highest Density) —0.181 acres Residential X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RM-H (Residential Multiple -Family Dwelling - Highest Density) RS (Residential Single Family Dwelling) RS MIZ Neighborhood Growth Unit Chicory Street - Local street with a 40' right-of-way and 20' pavement width. Curb and Gutter 6" water line at Chicory Street SANITARY SEWER SERVICE: 6" sanitary sewer line at Chicory Street PROPERTY OWNER NOTICES SENT WITHIN 200' A HUSTON PROPERTIES LLC A HUSTON PROPERTIES LLC DAIGLE DANIEL HOUSTON A PARTNERSHIP HOUSTON A PARTNERSHIP HOUSTON A PARTNERSHIP HOUSTON A PARTNERSHIP HOUSTON A PARTNERSHIP HOUSTON A PARTNERSHIP HOUSTON A PARTNERSHIP JBA HOMES CONSTRUCTION LLC JBA HOMES CONSTRUCTION LLC JBA HOMES CONSTRUCTION LLC LOPEZ FRAMING INC A HUSTON PROPERTIES LLC A HUSTON PROPERTIES LLC DAIGLE DANIEL HOUSTON A PARTNERSHIP HOUSTON A PARTNERSHIP HOUSTON A PARTNERSHIP HOUSTON A PARTNERSHIP 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 application. (LA-YtV � APPLICANT'S NAME AND ADDRESS: Lo � 6vd41L--. APPLICANT'S PHONE NUMBER- AD %FAX I I NAME OF OWNER: ADDRESS OF OWN LOCATION OF PRC LEGAL DESCRIPTION OF PROPERTY: LOT NO. ;zD OR BLOCK NO. ADDITION e WS R4 5 TRACT PLAT NUMBER OF ACRES . 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 BOARD, IuNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMI >rNBY T BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATURE: DATE: IX PLEASE NOTE: THE APJP'A--`NT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: FILENUMBER:— N DATE RECEIVED: q-12-l01 RECEIPT NUMBER: 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 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 t-h-e granting of the variance will not be contrary to the public interest.5, Ce /V 0 lf(jr,2 it C,' 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. It ape kl� CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. vpw I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's 1'' �� /' signature: �' -�' Date: Phone # 0 l '7Y 21 -91 [i �j d FAX 4�— SSPINDLETOP BUILDERS '980 Lockwood Dr. Beaumont, TX 77706 April 12, 2019 RE: 9145 Chicory, Beaumont, TX To whom it may concern: I am writing this letter for variance on the back setback at 9145 Chicory, Beaumont, TX. We had a home plan drawn based on the understanding from The Meadows, Douglas Winfrey and -Martin Broussard that the amendment they had sent in for the new addition would only have a back -utility easement and not a building easement. After my discussion with the City of Beaumont, I was told the back setback is 25' vs, the 15' setback that I understood it to be. Our hope is per our letter and discussion, we will be allowed to build pass the 25' setback line that was determined for this addition by the City of Beaumont. Currently, we are showing that we are 16' 8 %2' from the back of the property and we are requesting approval for a variance of 9' for the opportunity to build the original home we had planned on. Thank you, Layne Wilson President Spindletop Builders Inc. 980 Lockwood Dr. Beaumont, TX 77706 409-782-8170 No Text t ` - � � 2 __ —Cry fi � � Y� a f t_ i ,_t - - `, • � � t t All p - ie- ' i Afii'� i �a"iJ� rroz f�� na°r.�5 t 41 1 ''Iik }t5 � T�t fr � I ..1: y's z-MI _� `' jl -•� .�'" r _ y�s7�Ct } r. � �� i i" T�i � i ( iC— 1"{ . 1 4• [f t� ia3" Y 4 .0 - ' '` � tsi`,"F 2 ' ` ' �i F ` '��s�">`r `` �J� ;; --'- •� * tTe�� t � t4 t d r tyr I k '" 4c... 'S•�x >v. _ C 'r-: y f• f ' T tgq 3� r `t' •x�� Y.. 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