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HomeMy WebLinkAbout600-BA DATE: September 24, 2009 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for an appeal to the substantial damage determination made by the Floodplain Administrator FILE: 600-BA STAFF REPORT Doug Koch has made a request for an appeal to the substantial damage determination made by the Floodplain Administrator. The property is located at 430 Manning. The house received damage during Hurricane Ike. The property is located in Flood Zone A AE @. Flood Zone A AE @ is a special flood hazard area inundated by the 100-year flood. Regulations state that if a structure located in Flood Zone A AE @ is substantially damaged, then it must be elevated 1.5' above the base flood elevation before any repairs can be made. This would mean that the house has got to be elevated to 13.5' above mean sea level before the City can permit any repairs. After Hurricane Ike, the Floodplain Administrator and a City of Beaumont Building Inspector surveyed the structure and made a determination that the structure was substantially damaged. Substantially damaged is defined as damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. In this particular case, staff calculates that the replacement cost of the house is $75,045.04. Computed actual cash value is $66,039.63 with computed damages at $38,212.93, thereby making repair/reconstruction 57.86% of the actual cash value. Mr. Koch hired his own contractor to inspect the house for substantial damage. His contractor had determined that the house has not received substantial damage as defined. Mr. Koch=s contractor calculates a damage estimate of $12,406.22. Therefore, Mr. Koch is appealing the City=s determination of substantial damage. Which interpretation is judged to be the most correct will determine whether Mr. Koch has to elevate his house or not. At the meeting of September 3, 2009, the Board of Adjustment tabled this item until Steve Behrens, Building Inspector, could attend a meeting. Since Mr. Behrens inspected the property, the Board of Adjustment wants to hear his explanation of the building=s condition. STAFF REPORT continued The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 30 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Doug Koch PROPERTY OWNER: Same LOCATION: 430 Manning EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.215 acres, more or less EXISTING LAND USES: Single family residence FLOOD HAZARD ZONE: A AE @ - Special flood hazard area inundated by the 100-year flood SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Vacant RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Open Space STREETS: Manning Street - Local street with a 40' wide right-of-way and a 16' pavement width DRAINAGE: Open ditch WATER: 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS BOOKER MARVINO BRYANT ELVIN JOSEPH DEAN HORACE & LILLY DEAN JULIA ESTATE DEJEAN EDNA % LAURA SHACKELFORD DENNINGS HOWARD (LIFE ESTATE) GRAY CLARENCE SR ESTATE JACKSON CHARLES LESLIE SR KEYES CARRIE ESTATE KEYS THOMAS L LEMELL HERMAN L JR LEMELL VICTORIA MASON CARL J & ISABELLA REA RICHARD B SEALE HENRY LEWIS SEALE MARLIN III SMITH ARTIE J SPIVEY NOVE LEE ESTATE STOTSKY SEAN SYLVESTER ANTWINE SERGEAN WHITE GLADYS WHITE TOM WILLIAMS FELICIA A WILLIAMS JAMES K WILMORE CURTIS WILSON JIMMIE ZENO JOHN DWAYNE