HomeMy WebLinkAbout741BADATE: July 11, 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
15'-11".
FILE: 741 -BA
STAFF REPORT
Sam Bevilacqua of Bevilacqua Construction is requesting a Variance to the minimum rear yard
setback for the property at 3885 West Pointe Drive. RM -H (Residential Multiple -Family
Dwelling -Highest Density) zoning requires a 25' rear yard setback. The applicant is requesting
this Variance to reduce the rear yard setback requirement from 25' to 15'-11" in order to build a
full-size attached garage with the house.
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 21 .
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being Lot 1, Block 4, Pointe' Park, Beaumont, Jefferson County, Texas.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Bevilacqua Construction
PROPERTY OWNER: Sam Bevilacqua
LOCATION: 3885 West Pointe Drive
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
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE
Highest Density)
0.164 acres
Residential
X — Area determined to be outside the 500
year flood plain
SURROUNDING ZONING:
RM -H (Residential Multiple -Family Dwelling -
Highest Density)
0051me
WAVoi
Neighborhood Growth Unit
West Pointe Drive - Local street with a 30' right-of-
way
0'right-of-
way and 20' pavement width.
Curb and Gutter
6" water line at West Pointe Dr
6" sanitary sewer line at West Pointe Dr
PROPERTY OWNER NOTICES SENT WITHIN 200'
BAXSEN BUILDERS LLC
BAXSEN BUILDERS LLC
BAXSEN BUILDERS LLC
BEVILACQUA INVESTMENTS LLC
BEVILACQUA INVESTMENTS LLC
BEVILACQUA. INVESTMENTS LLC
BEVILACQUA INVESTMENTS LLC
BEVILACQUA INVESTMENTS LLC
CHAPMAN LAUREEN MARIE
GILBERT WILLIAM S & SUE E
GUSEMAN CONSTRUCTION LTD
GUSEMAN CONSTRUCTION LTD
HUNG LE CUONG
JAMES DAVID R & LINDA W
JEFFERSON COUNTY D D 6
MERCER DANNY L
N & N BEAUMONT LLC
NNN FOLSOM LLC
POINTE PARD HOMEOWNERS
ASSOCIATION
SALEME TOMMY J & BETTY JANE
SALEME TOMMY J & BETTY JANE
BOARD OF ADJUSTMENT
APPLICATION FORM
CITY OF 13EAUMONT
(CODES SECTION 28.02.005)
THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One)
() Appeal
XVariance
() Special Exception
Complete the appropriate supplemental application form depending on which box is checked and include it with your
"plication.
APPLICANT'S NAME AND ADDRESS: &V1
APPLICANT'S PHONE NUMBER: Wj r5'3 7 6 13 FAX
NAME OF OWNER: 50"04 &L/1`/`(j'"4j
ADDRESS OF OWNER: 311 Da -1 le I
LOCATION OF PROPERTY:
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. OR
BLOCK NO.
ADDITION
09AVT ro"yr F. -M.
TRACT
PLAT
SURVEY
NLM4BER OF
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 THEEXISTING 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, 1UNDERSTAND 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: � ti L'q --� . DATE: 6-13-1
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: A
DATE RECEIVED: - �1-
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
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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: T t the granting of the variance will not be contrary to the public interest.
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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. I
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be donne. t� p
a� e
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's
C7—
signature- "� Date:
Phone # FAX #
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PROPERTY LINE
�
r
PROPERTY LINE
741 -BA: Consider a request for a Variance to the required minimum real
ick in RM -H (Residential Multiple -Family Dwelling) zoning, from 25' to 15' 11".
scant: Bevilacqua Construction
-ion:3885 West Pointe Drive
0 100 200
1 1 1 ► Feet