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Home My WebLink About742-BADATE: August 1, 2019 TO: Board of Adjustment FROM: Katrina Purcell, Planner I SUBJECT: To consider a request for a Variance to the required minimum yard setbacks in the Neighborhood Design Overlay District from 25' to 9'5" in the rear yard and from 5' to 0.1" in the side yard. FILE: 742 -BA STAFF REPORT The applicant, Ryan Broussard, is requesting a Variance to the required minimum yard setbacks in the Neighborhood Design Overlay District from 25' to 9'5" in the rear yard and from 5' to 0.1' in the side yard. The intent of the Neighborhood Design Overlay District is zoning protection to try avoid the tearing down of existing smaller cottages and replacing them with larger oversized homes. The applicant is specifically asking to use the existing slab (footprint) of the previous accessory structure, except it will be larger in size. This structure would have been considered lawful, nonconforming if it had been damaged or destroyed by fire, or other calamity. However, as it was torn down intentionally and will be rebuilt; the lawful, nonconforming clause no longer applies. The side of this slab will be located on the property line, and therefore, if approved, there should be no roof overhang or water shed onto the neighbor's property. 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 1 . Responses in Opposition 0 LEGAL DESCRIPTION Being Lot 16 & 17, Block 6, Calder Place Beaumont, Jefferson County, Texas, containing 0.344 acres, more or less. v GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Ryan Broussard PROPERTY OWNER: Ryan Broussard LOCATION: 875 20t' Street EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: —0.344 acres EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS.: DRAINAGE: WATER: SANITARY SEWER SERVICE: year flood plain SURROUNDING ZONING: RS (Residential Single Family Dwelling) RS RS RS Stable Area 20 th Street - Local street with a 60' right -of --way and 26' pavement width. Curb and Gutter 2" water line at 20th Street 6" Sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BARNETT KEITH B & PATIENCE BATTAGLIA PHILLIP ET UX FAGGARD ALFRED MARKHAM FORSTER LORENA & CHRISTOPHER GOODHUE JOHN BROOKS H GOODHUE JOHN BROOKS II BEARE CHARLES E & JANE D HURT RITA J (TD) LEAL MICHAEL & MELISSA. MCDONALD MARC D & VIC REYNA MCDONALD MARC D & VIC REYNA METEER JAMES R & JENNY D MONTALVO MARYN B ROBERTS CRAIG SHAJARI CHARLES & KATHLEEN STANLEY O'BRIEN 0 & RUTH H rr,11now=61,0112 TO -UPS DWIGHT M VIVRETT MARY ELLEN QUICK WHEELER EMILY & JEFFREY 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: 675 2®Zekn -rX APPLICANT'S PHONE NUMBER:- AtA - 7Q6 2.- bos t — FAX #: NAME OF OWNER: ADDRESS OF OWNER: TIC -2o00- --.t OF40ACio-V a T)4 -n'10L9 LOCATION OF PROPERTY: S -K- -1.0 T*- -e-i- F)L-*AjAb&V%' 1 k -MIDLO LEGAL DESCRIPTION OF PROPERTY: LOT NO. t � �- A OR BLOCK NO. ADDITION NUMBER OF ACRES TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit three copies of a current surveyor 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. SUBMETA SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKINGAND 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 NECES SARY FOR PROSECUTION OF TEE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITIFN ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. 'APPLICANT'S SIGNATURI PLEASE NOTE: THE APPLICANT IS GIVEN 10 DA COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: IN NO a IN WOMM I: TE:- APPEALA DECISION OF THE BOARD INDISTRICT PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3 827 77704 (409) 880-3764 FAX (409) 880-3133 RYAN BROUSSARD 875 20TH ST. BEAUMONT, TEXAS 77706 409-782-8051 VARIANCE LETTER-, I JUST PURCHASED THE HOME AT THE END OF MAY AND I HAVE BEEN WORKING ON IMPROVEMENTS TO THE HOUSE. THE OLD ABANDED GARAGE / SHED IN THE BACK WAS VERY UNSAFE AND HAVENT BEEN USED IN YEARS SO IT HAD TO BE DEMOLISHED. IN THIS PROCESS I WOULD LIKE TO REBUILD THE GARAGE / STORAGE SHED, DUE TO THE RECENT STANDARD SET -BACKS AND / OR BUILDING CODE IT DOES NOT ALLOW ME TO REBUILD IN THE SAME LOCATION. IN DOING THIS THE STRUCTURE WOULD BE VERY CLOSE TO THE SCREEN PORCH AND WOULD INTERUPT THE BACKYARD LAYOUT / SPACE AND I WOULDN'T BE ABLE TO USE THE EXISTING CONCRETE WALKWAY OR GATE. THE MAJORITY OF THE GARAGES / STORAGE SHEDS IN THE NIEGHBORHOOD ARE 10' OR LESS OFF PROPERTY LINES AND THE NEW GARAGE / STORAGE SHED WILL MATCH IN COLOR WITH THE HOUSE AND MATCH THE NEIGHBORHOOD VISUAL APPERANCE. SINCERELY, !SIGIATUPLE: .17:1�'� "7 d 11 —I01 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 an 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 will not be contrary to the public interest. k I&UbLmWLga / LaAQAke Z' U)ILL Mw Ue�L-C� r -AA Pd (Z4J&A A MgTiA -rUg 400SO 40xe0, � �� re�d�l ^r"�°� iun -n�r- 4�rYLi Of- 146"kA 11,P,0nhTA . 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. DUL -rn --F-rAaa-, WrtA -rat- 4ua9z.4-e- s: 4aavAgt;�, Z+ DOP-5 MOT AQUA tAr To - @ m�- J9U1LMJPAL,1 / 6AaJq19V VeZAUsF ,-r" WaL'L 11u -nD F -AR- IAJ 19A(4 YARIN A" 6 waa � n 1444 k -ro IZP-@ ®r-SIWL) r9r-- Awl YAAZ rtxU�— AiuO -.'09 wAL)e— CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. i'nZucrLAE:E , / 6A¢4,�a9,S og- PttWC-P- ID` Da. L e-55 ®[�F r14 6, Pgiopu(L-rV LIME, , I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. 0 P4, w In Z 0 D LO sm 0 Li k o Z z0 LO in Li W WLn \LLI\ LJ M LuwLK W QQ 0 h OIX Z I-- V) If) 0 In C, 0 -0 0 0 m IX La o 0 z C:) g (00*09t 031IV3) CL 3 gt.tg.f>e !9- 6W ZE 3ON3.4 ANllNlVt;-- O'OL w In Z 0 D LO sm 0 Li k o Z z0 in Li W WLn \LLI\ LJ M LuwLK W QQ 0 h OIX Z I-- V) If) D En C, 0 -0 0 0 m IX La VT z z C:) g 6W Li UJ Z W in Li W WLn \LLI\ LJ M LuwLK QQ 0 OIX Z I-- V) D En C, 0 -0 0 m IX La VT 6-11 g 00 CL L 3ON33 WNr7NIVHZ) ij - < 16"0 * 0 M .9*,*9.69 N rj 0 (00 01S I 0311V0) i. 98 ,��i � % w X 0 M LJ I r- ( cel '— W L z N ! ' -- mIr awus Uo� � U3 Fl QI I av Ow U t nV I'L 1 C) O�1 M W M LJ z -- J ! W r U t z z C) O�1 M W . , ....t m 1 a r, (00'091 03-1-IV3) o m� zz o l 80.091 — 3. ,56.•65 68 S . •' Q m 1'6Z 6'Y£ 1 vor Z ,-- c- W I ta �ta U U W Z '^ I— IL 1 W - K Q m W 01 m K N p+ _W Raoa r I � cr m r-� 1 C3 a rz re ^• o s•u ' N C1 01 r t ! CL L6t ±® tY Q �S6 n n NOME • J ! tAJ ti a t ti 80'0S t— M ,.96.1'&68 N (aa opt 031-Ir3) 1 I 100 I I L I ile t 2 -BA: Consider a request for a Variance to the required minimum. yards in the Neighborhood Design Overlay District, from 25' to 9'5" in the rear and and from 5' to 0.1' in the side yard. pplicant: Ryan Broussard ocation: 875 20th Street 0 100 200 I I I I Fee{