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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