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HomeMy WebLinkAbout744-BADATE: October 3, 2019 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request to allow Variances to the minimum front setback from 25 feet to 9 feet and to the minimum rear setback from 25 feet to 9.8 feet. FILE: 744 -BA STAFF REPORT Stacey Martinez of Tegrity Homes is requesting Variances to the front and rear setbacks for the property located at 3024 Grand Street. Due to damage from Hurricane Harvey, the structure is being replaced. The lot is much wider than it is deep. The new structure is going to be built in the same position as the previous one, but will not meet the required front yard setback of 25' or the required rear yard setback of 25'. The previous structure was grandfathered due to its age. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; 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 hardship 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 actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 22 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Plat D8, Tract 24, J Drake Survey, Beaumont, Jefferson County, Texas, containing 0.171 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Stacey Martinez of Tegrity Homes PROPERTY OWNER: Ruth Trahan LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Multi -Family WEST: Residential 3024 Grand Street RS (Residential Single Family Dwelling) 0.171 acres Residential X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RS (Residential Single Family Dwelling) OR RM -M (Residential Multiple Family Dwelling - Medium Density) 0 COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Grand Street - Local street with a 56' right-of-way and 20' pavement width. DRAINAGE: Open ditch WATER: 8" water line SANITARY SEWER SERVICE: 15" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BEAUMONT HOUSING AUTHORITY CEASAR PAULINE CORMIER THELMA DAVIS HELEN DAVIS HELEN D ESTATE DEARMON BREASTFIELD & PAULINE DIGGS PAUL JR FIELDER WILLIE B & THELMA GUILLORY LEROY SR ESTATE HARMONY MISSIONARY BAPTIST HUNTER ROY LEE ET AL JOUBERT WILLIE & ANGELIQUE T JUAREZ FELIPE N RAMIREZ LEVINE GLENDA MONETTE ANN ORTA JOHNNY SMITH LEONA ET AL TAYLOR MARK THOMAS FRANK JAMES ESTATE TRAHAN RUTH TEZENO VAUGHN DEWAN P WILLIAMS BETTY D BOARD OF ADJUSTMENT APPLICATION FORX CITY OF BE' AUMONT (CODES sEurioN 28,02.005) `I 11S IS AN APPLICATION FORTHE FOLLOWING- (CIvek One) Appeal (X) variance Special Exception Complete the appropriate Supptemental application fold deponding,on Which bqx is checked and Include it with y,6 APPLICANT'S NAME AND ADDRESS: Stacey Martinez TNgty Homes APPLICANT'S PHONE NUMBER: 409-457-7488 FAX k NAME OF OWNER.. Ruth TEallaw-- ADDRESS, OF OWNER: 3024 Gravid St Beaumont Texas 77703 LOCATION OF PROPERTY- its St Beaumont T xas- 77703 -- LEGAL DESCRIPTION OF PROPERTY: LOT Na. PL D8 T24 J DRAKE OR BLOCK NO, ADDITION NUMBER OF ACRES.—_0j 708 For properties not in a recorded subdivision, submitthree.copies, ofa current survey or plat showing the properties proposed to be changed, and a complete, legal field Aote description'. SUBMIT A I XTTFR STATING IN AS MUCH DFTAul AS POssIBLF-- REASONS FOR THE REQUEST. SUBMIT, A SITE PLAN SHOWING THE EXISTING I AND PROPOSED BUILDING% PAR:Kr ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY B1 EXPLAIN OR DEMONSTRATE YOUR REQUEST. I T. ALL MAPS MUST BE DRAWN TO SC.A A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION, IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OFTHE WORK T SHALL BE OBTAINED AND CONSRUC I TION COMPLET I E' D . W I ITHIN ONE (1) YEAR FROM THE DATE OF PERMISSION -BY TIDE BOARD OR rr SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATURE: W -N§' '2 DATE 9/5/19 PLEASE NOTE: THEAPPLICANTIS GIVEN 10 DAYS To APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASETYPE OR PRINT AND SUBMIT TO: FILE NUMBER:, 3'--1 1 q) N DATE DECEIVED: q Ck ' C� CITY Of BEAUMONT PLANNING DIVISION 801 MAIN MEET, SUITE101 BEAUMONT TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3*133 CITY OF BEAUMONT PLANNING DIVISION. 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 To whom it may concern: 'Tegrit Hqmeps&y� Tegrity Harvey, LK dba Tegrity Homes 8607 County Road. 48, Rosbaraq, TX 77583 409.750,7042, office This letter is being written to support our request for a variance at 3024 Grand St Beaumont Texas. Tegrity Homes :Isrequesting the variance on beha,If of the homeowner Ruth Tralhani Tegrity Homes is one of the builders selectedby the General Land office to rebuild homes for a.00roved applicants that had damage to their home by Hurricane Harvey.. Tegrity Homes will be demolishing'the current home and building back anew home if this variance is approved, I thank you all'in advance for your time and consideration. Vam hopeful.the outcome. will be favorable for Mrs. Trahan and that Tegrity Homes will be able to build her a new `home. 7ei � ctf ully, o I I . MW Stacey a rlfln�e VARIANCE AVPLICAIrtON: FORM BEAUMONT, TEXAS The Board of Adjustment has the power to grant. variances where tile folliawing. listed conditions have been, met. conditions in thespace f4flowing each condition. (The:applicant Indicate how YOUrtipplication ineels each of these I 'Pope has the burden of proof to demonstrate that all three Of the .Coil(lfflojis necessary for a variance have been met). Except as otherwise prohibited; the 'Board' is empowered to aythorize a Variance flour a requirement of the, Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A. That the grantingbfthe variance will not be contraiyfo thepublic interest: CONDITION & That literal enforcenient of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or outer extraordinary or excepiional physical situation or physical, condition unique to the specific piece of propert 111011 "Unnecessary hardship" shall inea-0 physical':al. V In q= liardship relating to the property itself as distinguished, front a hardship r6lating to convenience., financial considdrations or oprice, and the hardship inust,tiot result fedm the, applicant or owners own actions, 'jo-q OILw`SJ5G�. CONDITION C". That by, granting the variance, the spirit of the ordiande, will be observed and substantial Justice will be done.. I HEREBY ATTEST TTEST THAT, TO THE BEST OF MY KNOWLEDGE MY RE UESTMEETS THE CONDITIONS ,STATED ABOVE. APPLICANTS SIGNATURE: Date: Fax Number, GENERAL NOTES L 'I His RtopE iTY19SUBJECTTOr1p1J1T1(JKtC:EASE�II�ITSORR��',TRICT{i7NSOF14KORD, 2, THIS PLAT IS FUR EXCLUSIVE USE RN' CLI> T, ,' USE ICS'THIRIJ'Pt�lk7l FS IS AT THE KONVNtRISK. 3- DIniENstoNSFROXI HOUSE TUP. OPEATYLINESSHUUL(JNOT BEUSED Ttl'L'STA8Lj9,I4fENCEs. 4, 1:01S PIAT HN& III'MCALir ULATED FUR CLOSURE AND"75 EOUND TOM ACC;URAT E WiTHI\ U:VE FOUT IN 90_,&47 FEET`, 3: 7IIE FIELD DATA WON WHICHTHIS PLAT' IS BASEb HAS A CT©Silk,PRECISION OF 4r�'I robT IN, I9Dot)t PEEL` AND AN EkftOR OF 1 SWOND$ I?ER AN0L1r'TAND WAS AD)USTET)tISIN6 THr CO:tIPASS RIJIIE'. ANCrUI AR 7C1i,W 6, EQUIP \IENT USED; TtIPCON APLI TOTAL, R690_17 C STA --f l0N 7, SURVEY PREPAREDwimoLrrBENIiFIT OFTTTLF, ACi,EA: $,124SF — 4,186 ACRES S a1LC.: I" :3P' REFERENCE. INSTRUMENT NO. 8718161 36' GKwtT11; SCALY. -- FEET' 11V a �i-.. P.. QpF /�'� � " � J�� Com'• � :. ,�. j/ i I F( END- %B-E-RebarEonnA t (j �J RTi9 RebarSei 01 Y Open Top pipe S I y ` ti ✓" tJ} t� l V 0 Sy(4� op 1{ H J9wl isdg F inc5 ¢ (,3��1� X- Fence FP- Fonce Posto OVy\L214 �.; Ft = Fmo Cornce CO\C, Cancrelk pp- .PWA er Pote -r- NV81- Iva,w Atcler- - i- GM- Gas lteter \ AC -Air Condith Ing trait :Clni .- co -clean E.AI- Vol& Metor NOTE: HOUSE DOES NOT FIT WITHIN EXISTING flPfitioHvil'ont itl-1�ireHkdr�rnt LP -Vent rLi SETBACKS: 'HOl1SE IS PLACED IN THE SAME POSITION CL -Crater Line POR- Palti AS THE EXISTING HOUSE TO BE REMOVED. PAT- Palto RP- F,AW Paromeni .lYi.-.lpPYnlitnatc_I'wpperty' bine ADDRESS:3424:GRAND AVENUE NN Nosr.or Formerly GOVERNING AUTHORITY:. CITY OF BEAUMONT UIIP- CJterbead Poty'er Line IN &W ONNICJN, THIS PLAT Is COItRE('T REPRESENTATION OF TILE LANWM ATTED AND o-T��F HA573}:Est"PREHiIREII�4'1TH[A''TI1Ettlt�li{U3tST�iNDetR[)SrSNt7REQT1lRESIE\TS QFLA�41;: 517'( PC.,tK FOR., `)( EGRITY HC MESS CARTER LAND SURVEYORS AND PLANNERS sumvision BF IUmon impRUVENIMT CO. 3090PreMfere Parktvay, 5 title 600 Duluth, GA JW9T DAviD1. sADDE[ ' PART OF TRACT 13'2 JAMB DRAKE s(JRVEV Ptf: 710.495.5793; C1TY CtP BEAUITU V T Tnil Tree: M,637.1B48r 6220: JEFFERSON COUNI Y"WNAS ORDERVATE.033012019 vnviwcarkeeiand,com t 6"arfss aN" �" ,°a tD 20190804505 1WRITY FIRM LICENSE:101937:55 -stliN f ft9 744 -BA: Consider a request to allow Variances to the minimum front sE 25 feet to 9 feet and to the minimum rear setback from 25 feet to 9.8 feet. giant: Stacey Martinez of Tegrity Homes ion: 3024 Grand Street 0 100 I I Feet