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Home My WebLink About748-BADATE: November 7, 2019 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request to allow Variance to the minimum rear setback from 25 feet to 6 feet. STAFF REPORT Willie Carrierre is requesting Variance to the rear setback for the property located at 4240 Inez Street. The applicant is the homeowner and is applying for the variance in order to add a two -car garage to the back of his residence. The proposed addition is 52 feet long and will actually be built higher than the original structure to prevent water from sitting on the property. Mr. Carrierre's property backs up to a railroad track to the west, therefore an easement exists in the rear yard approximately 50 feet beyond said property line. 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 23 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 8, Block 39, W W Chaison, Beaumont; Jefferson County, Texas, containing 0.142 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Willie Carrierre PROPERTY OWNER: Willie Carrierre LOCATION: 4240 Inez St EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: —0.142 EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R -S (Residential Single Family Dwelling) EAST: Residential R -S SOUTH: Residential R -S WEST: Residential R -S COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Inez Street - Local street with a 25' right-of-way and 18' pavement width. DRAINAGE: Open ditch WATER: I 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BATISTE REGINALD TROY CARDENAS MARIA Y CARREON MANUEL & ALISIA CARRIERRE WILLIE GENE CHARLES MARSHALL ESTATE COMPLETE MANAGEMENT SRVS INC CURRENT OWNER DIGGLES EARNEST GREEN OLEN GREGORYJOE P GUILLORY HAL JONES ALFRED ET UX JONES JOYCE LEONARD LEWIS CAROLYN STEWARD LINTON JOAN STEWART LIVING TRUST LOUIS PETER OLLIE FRED PREJEAN ROBBIE SUE SALAZAR JESUS RODRIGUEZ SPENCER MICHAEL SPIKES CALVIN THOMAS BETTY JEAN (TD) TOMPKINS ALBERT E & 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 Comnlete the appropriate supplemental application %rm depending on which box is checked and include it with Your application. APPLICANT'S NAME AND ADDRESS: Wt APPLICANT'S PHONE NUMBER: C�%�� 3 (— °� FAX #: NAME OF OWNER: ki k� Q- �- G t? R ADDRESS OF OWNER: 4�*a :EA( -'L 3+ - LOCATION OF PROPERTY: U-� iLn T"nIG.7 -Sj-- LEGAL DESCRIPTION OF PROPERTY: LOT NO. 9 BLOCK NO. 3 ADDITION NUMBER OF ACRES OR TRACT PLAT 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. SUBIVHT 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 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. " t4' ALj, L "`' 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: PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET FILE NUMBER:3A BEAUMONT, TX 77701 DATE RECEIVED:A0-1- Aq P.O. BOX 3827 77704 RECEIPT NUMBER: (409) 880-3764 FAX (409) 880-3133 Board of Adjustment City of Beaumont Willie G. Carrierre 4240 Inez Street Beaumont, Texas 77705 stillwilli@yahoo.com (409) 351-1901 lb October 2419 Subject: Variance for Homestead at 4240 Inez, Dear Sir, This Letter of Intent is in support of my request for a variance to the addition of my single family residence with a 2 -car garage. The proposed new addition is 52 feet long and maximizes the use of my property. I am also requesting a variance to permit the extension of the house to better prepare my property for future floods and drainage problems. My current home is built a little lower than I would like. I would like to build the new addition a little higher and although not a requirement for my lot, would at least keep water from sitting and gathering on my lot. As a result of this extending the house on the property, would require a variance on the south side of the house of 7 -foot more. What is perhaps most relevant here, and what I would ask the board to consider, is (1) the fact that as requested with the variance, the new addition would actually improve what currently exists (2) the fact that the southern side of my yard is a railroad track and thus created no undue burden on any neighboring residence (3) the proposed style and structure of my house is in step with the existing neighborhood (4) The proposed project would be an improvement to the neighborhood and result in an overall increase in property value and tax base created by improvement. Thank you for your consideration. Respectfully submitted, Willie G. C 'erre 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 the granting of the variance will not be contrary to the public interest. ROT- T- 3 c o-oI o Mk[ NIA --Q �4 U I�tt) P 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. Rr- � ��rc� UA1wa�rttr� v\Si�( (�(oT c s� U1nr,j � �� 1� 5 ,� �r kv� n>: NA -pd oe-5 ori- Ar r&e r raj DrtV,-� P PO F4---r� 3114T My Owe, 15:WCo 0 Vet41�C r AIDg t�Stc G d�- f in'E}nt��AL ►A 11 &VI CIP1 rfj CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. 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