HomeMy WebLinkAbout749-BADATE: November 7, 2019
TO: Board of Adjustment
FROM: Adina Josey, Senior Planner
SUBJECT: To consider a request to allow a Variance to the minimum rear setback from 25
feet to 15 feet.
FILE: 749 -BA
STAFF REPORT
Ashraf El Houbi is requesting a Variance to the rear setback. for the property located at 10
Stonebrook Court. The property is zoned RM -H (Residential Multiple Family Dwelling -
Highest Density) and therefore requires a 25 foot rear setback. The applicant is the homeowner
and is applying for the variance in order to fit a new construction home on the lot.
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 15 .
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being Lot 10, Brownstone Park, Beaumont, Jefferson County, Texas, containing 0.142 acres,
more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Ashraf El Houbi
PROPERTY OWNER: Ashraf EI Houbi
LOCATION: 10 Stonebrook Court
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:
DRAINAGE:
Highest Density)
0.142
Residential
X — Area determined to be outside the 500
year flood plain
SURROUNDING ZONING:
RM -H (Residential Multiple -Family Dwelling -
Highest Density)
RM -H (Residential Multiple -Family Dwelling -
Highest Density)
RM -H (Residential Multiple -Family Dwelling -
Highest Density)
RM -H (Residential Multiple -Family Dwelling -
Highest Density)
Stable Area
Stonebrook CT - Local street with a 35' right-of-
way and 20' pavement width.
Curb and Gutter
8" water line
SANITARY SEWER SERVICE: 8" sanitary sewer line
PROPERTY OWNER NOTICES SENT WITHIN 200'
AKHTAR NAEEM & WASEEM
ALI LIAQAT & RUBINA YOUNUS
BEAUMONT HOUSING
AUTHORITY
BROWNE SCOTT W
DONNELLY JOSEPH J
HOUBI ASHRAF EL
JEFFERSON COUNTY D D 6
LE PHUC NHAT
LIMBRICK RANDI & RAINE
NGUYEN LIZ
NOVELLI WILLIAM J JR
PHORAT DEVELOPMENT LLC
RIVERA JULIAN
SMITH JUANICE
WILLIAMS ERIC G & RHONDA C
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: - I
/—
APPLICANT'S PHONE NUMBER: o6k) 14 9- q 00
NAME OF
ADDRESS OF
LOCATION OF PROPERTY:
I
LEGAL DESCRIPTION OF PROPERTY:
I
AX #:
LOT NO.j OR TRACT
BLOCK NO.
ADDITIONZ�OV`4 n�M�()f \)W y_
NUMBER OF ACRES 0 , i 4 '.
PLAT
SURVEY
NUMBER OF ACRES -
7v�
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 LETTE# STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST.
SUBMIT SHE PLANISHOWING 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, JUNDERSTAND THAT ALL PERMITS NECESSARY FOR
PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1)
YEAR FROM THE DATE OF PE 0 BY THE BOARD OR IT SHALL BE CONSIDERED VOID.
APPLICANT'S SI DATFi:
*4q
PLEASE NOTE: THE
COURT.
PLEASE TYPE OR PRINT AND SUBMIT TO:
FILE NUMBER: -i LAA - BA
DATE RECEIVED: l0
RECEIPT NUMBER:
10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT
PLANNING DIVISION, ROOM 205
CITY HALL, 801 MAIN STREET
BEAUMONT, TX 77701
P.O. BOX 3827 77704
(409) 880-3764 FAX (409) 880-3133
4720 Fieldwood Ln
Beaumont, TX 77706
10/18/2019
Dear Committee members nfthe city nfBeaumont:
We are requesting reduction of the variance because of the size of the house and the size of the land.
T he lot is not big enough to have that size house if the variance will not be reduced..
I have a big size family and we needed that big house and that is the reason are building two story
house.
Your approval will begreatly appreciated, vvehope that you consider it.
Thank you oomuch for your help and cooperation .
S
AshrafE
� I /-? - )
00
/ 2 ~
\ /
\.
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.
Ila
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 oym actions.
61-t1 C'rZ
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done. /+ f
� Jo 1� cam'. ,,- U (�.K � CL IV\,�
va,_V dIll-ca
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Date:
- M1
Phone # v c'+V 7 i r 1 Q!_� FAX #
o
� 8
I . 4
'LOT PLAN
SCALE 1 " = 20'-0"
*` la STONEBROOK
STONEIB BOOK
Lai
6�
-oil
.n
IL INCa SET SAC O
O
25' , U LpINCx SET BACK
YE' I s
15.95°