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Home My WebLink About751-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 13 feet. tl- -00 Ross Hansen has applied for a variance to the minimum rear yard setback for the property at 3850 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. Mr. Hansen states that the narrowness of the lot limits design flexibility. 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 Q That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Ross Hansen PROPERTY OWNER: Baxsen Builders LLC LOCATION: 3850 West Pointe Drive EXISTING ZONING: RM -H (Residential Multiple -Family Dwelling - Highest Density) PROPERTY SIZE: —0.148 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 RM -H (Residential Multiple -Family Dwelling - Highest Density) EAST: Residential RM -H (Residential Multiple -Family Dwelling - Highest Density) -SOUTH: Residential RM -H (Residential Multiple -Family Dwelling - Highest Density) WEST: Residential RM -H (Residential Multiple -Family Dwelling - Highest Density) COMPREHENSIVE PLAN: Neighborhood Growth STREETS: West Point Dr - Local street with a 35' right-of-way and 20' pavement width. DRAINAGE: Curb and Gutter WATER: 8" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BEVILACQUA INVESTMENTS LLC SALEME TOMMY) & BETTYJANE GILBERT WILLIAM S & SUE E GUSEMAN CONSTRUCTION LTD BAXSEN BUILDERS LLC HUNG LE CUONG BOARD OF ADJUSTMENT APPLICATION FORINT CITE' OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal (v)/Variance () Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. A APPLICANT'S NAME AND ADDRESS(V641) S:: /�)t6c#-81 drs LLC APPLICANT'S PHONE NUMBER: 4,1'8 3 t l q FAX #: NAME OF OWNER: ADDRESS OF OWNER: jS.Z6 614d Zxt- LOCATION OF PROPERTY: W-6, Ra /t4 LEGAL DESCRIPTION OF PROPERTY: LOT NO. ADDITION ?01^+c- Park 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. SUBMIT A SITE PLAN SHOWING THE EXISTINGAND 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, 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: �r�/'- DATE: •- �rt�' PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. FILE NUMBER: DATE r ,r�,�,- RECEIPT PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 _ m ~ ° ml 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. 444,--e- 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. 46&* e2,YXCL (ze 00 C 6 /31 'La •�(r u )O;NDITLI0N C: at by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. - alto I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. 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