HomeMy WebLinkAbout689-BA
DATE: August 13, 2015
TO: Board of Adjustment
FROM: Adina Ward, Planner II
SUBJECT: To consider a request for a variance to the minimum rear yard setback from 25' to
13.08'.
FILE: 689-BA
STAFF REPORT
John and Judy LeJune have applied for a variance to the minimum rear yard setback for
their property at 3485 Grey Hawk.
The LeJune's have recently purchased the property and became aware of the discrepancy
during closing negotiations. The property is zoned RM-H (Residential Multiple Family
Dwelling - Highest Density) and it is believed that oversights were made due to the
zoning. In an RS (Residential Single Family Dwelling District) the rear setback could be
reduced to 15' if no detached structures are to be allowed in the reduced yard. However,
in RM-H zoning, no such exception is made. Such an oversight might explain why the
building is located 12 feet into the required yard as opposed to 2 feet. Mr. Rebhi Hamdan
is the builder of the property, rotated the structure on the oddly shaped lot in an attempt to
better avoid a 5'x15' utility easement along the east side of the lot. In doing so, he
unknowingly pushed the west corner into what was the assumed 15' setback. As the
property to the rear is owned and maintained by Drainage District #6, no issues are
anticipated with the rear neighbor.
The applicant shall have the burden of proof to demonstrate that all three conditions
necessary for a variance have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 12 .
Responses in Favor . Responses in Opposition .
LEGAL DESCRIPTION
Being Lot 13, Block 1, Willow Creek Country Club Estates, Section X-C, Beaumont, Jefferson
County, Texas, containing 0.14 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: John and Judy LeJune
PROPERTY OWNER: John and Judy LeJune
LOCATION: 3485 Grey Hawk
EXISTING ZONING: RM-H (Residential Single Family Dwelling
- Highest Density)
PROPERTY SIZE: 0.14 acres, more or less
EXISTING LAND USES: Single Family
FLOOD HAZARD ZONE: “X” - Areas determined to be outside 500-
year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Single Family RM-H (Residential Single Family Dwelling
- Highest Density)
EAST: Single Family RM-H
SOUTH: Single Family RM-H
WEST: Vacant RM-H and GC-MD (General Commercial -
Multiple Family Dwelling)
COMPREHENSIVE PLAN: Neighborhood Growth Unit
STREETS: Grey Hawk - Local Street on the cul-de-sac
with a 50 foot right-of-way radius and 35'
pavement radius.
DRAINAGE: Curb and gutter
WATER: 6” water line
SANITARY SEWER
SERVICE: 6" sanitary sewer line
PROPERTY OWNER
ELLIS WILLIAM J
HAMDAN HOMEBUILDERS LLC
HUNTER ASHLYN T & DALE P DUMAS
KHALIL AKRAM MONALA
MONALA-KHALIL ABRAHAM
NEWSOM JOHNNY G
PHELAN INVESTMENTS
RAMADAN MOHAMAD
THOMAS JO ANN B