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Home My WebLink About750-BADATE: March 5, 2020 TO: Board of Adjustment FROM: Katrina Purcell, Planner 1 SUBJECT: To consider a request to allow a Variance to the minimum rear setback from 25 feet to 15 feet. FILE: 750 -BA Lee Guseman of Guseman Construction LTD is requesting a Variance to the rear setback for the property located at 3870 West Pointe Drive. The property is zoned RM -H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback. In 2007 a plat was filed for Pointe' Park, a cluster housing development. As the market quickly changed, so did the demand for housing. In 2011 and 2013, several replats were filed creating standard single family lots for the west half of the original subdivision. These new single family lots vary in depth, some are 110 feet deep, some are 120 feet deep. The lots in question are 110 feet deep. Minimum lot depth for RM -H districts is 100 feet, so the minimum lot depth is not an issue. At least one house has been built, to code, on one of the 110 foot deep lots. 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 9 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 7 Block 3 Pointe Park, Beaumont, Jefferson County, Texas, containing 0.152 acres, more or less. GENERAL INFORNIATION/PUBLIC UTILITIES APPLICANT: Lee Guseman PROPERTY OWNER: Guseman Construction LTD LOCATION: 3870 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: WATER: SANITARY SEWER SERVICE: Highest Density) 0.152 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) Neighborhood Growth West Point Dr - Local street with a 35' right-of-way and 20' pavement width. Curb and Gutter 8" water line 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BEVILACQUA INVESTMENTS LLC CHAPMAN LAUREEN MARIE GILBERT WILLIAM S & SUE E GUSEMAN CONSTRUCTION LTD HAMBURG PARTNERS LTD HATCHER JIM & JULIE HAYWARD PAULA HUNG LE CUONG BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEATJ1d ONT (CODES SECTION 25.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal (Vf variance () Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. a d APPLICANT'S NAME AND ADDRESS: I APPLICANT'S PHONE NUMBER:"/ '� ].� FAX #: NANm OF OWNER: Z ee C/6tid'Ytigi 4 PO /30X � � G ' 4 1 -7 -765� ADDRESS OF OWNER: /�, p0 �� 9 �} � � ""` `�°' `T� LOCATION OF PROPERTY: >J( o W, �I- 6� , t � �, b e' r°� °'� t Ty 7 LEGAL DESCRIPTION OF PROPERTY: LOT NO. % OR BLOCK NO.. D�-fi� ((�� ADDITION /�? �� 10a f4 NUMBER OF ACRES 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 SUBMIT A SITE PLAN SHOWING THE EXISTINGAND PROPOSED BUILDINGS, PARKING AND ACCES SORY 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 OFPERMIel BY THE BOARD OR IT SHALL BE CONSIDERED VOID.. APPLICANT'S SIGNATURE: DATE: 2- -16, 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: BEAUMONT, TX 77701 DATE RECEIVED: P.O. BOX 3827 77704 RECEIPT NUMBER: (409) 880-3764 FAX (409) 880-3133 February 6, 2020 City of Beaumont, TX Ref: Request for Variance for new Residential Construction located at 3870 West Pointe Drive City Hall, Please consider and accept my request change the rear building set back line for the property located at 3870 West Pointe Drive also known as Lot 7 Block 3 of Pointe Park Subdivision from 25 feet to 15 feet. The following facts support my request. All other homes recently built in this subdivision have requested to change the rear set back from the 25 feet set back to 15 feet or less and had the variance request approved. The house currently under construction located at 3880 West Pointe Drive is being constructed with the same variance approval that I am requesting. The approval of the variance will allow us to construct a home that matches all other homes on West Pointe Drive and Central Pointe Drive. The existing rear set back will not allow the construction of a home that will match the homes in the neighborhood. The typical rear set back in the City of Beaumont for residential construction is 15 feet. We own the lot at 3860 West Pointe Drive and we will be requesting the same variance for this lot when we are ready to build. Please approve this request to change the rear set back from 25 feet to 15 feet. We are ready for construction and were not aware of this "non -typical" rear set back and have designed a home that matches the existing homes and follows typical guidelines for residential construction in the City of Beaumont. Thank you, Lee Guseman Guseman Construction LTD 409-466-5775 BEAUMON'T, '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 fmds that all of the following conditions have been met: CONDITION A: 4B kvvnts- That the granting of the variance will not be contrary to the public interest. re -6'r=447 b�, t'^ `ms=s suWit i`sim 6,ev? 6ui I�- U�t/l�a i'l� S y+t� jlA-Ia,ree t`6 Cdv,Pq� -e rre-Aa— S-01 ACC �- propose ��,�y Zvi clow v/)11 be- c-® ;" p ore- e Ae ��'=S'i'�nr� k4c 5 -e - n, Y tic c-1 +%e. ick 1n G013 is (S �4fC4 1S wAf .1 Gm ,s ,>�y 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. 0 1 anie e—x P � e4ri�} �2 -n 4A q Jp 0 my CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. '1 s -J—N U.". It I I co -w,6( W it P1 g e 0 a 4 ee I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: I Aivvwu, Date: a -Z - a Phone # 4-t/� o _(�� _ ��? 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