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HomeMy WebLinkAbout565-BA DATE: April 7, 2008 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the minimum rear yard building setback from 25' to 9'10"' FILE: 565-BA STAFF REPORT Redding Development, Ltd. has applied for a variance to the minimum rear yard building setback for the eight lots that have been permitted by the City of Beaumont. Each of these lots are under some stage of development. The variance request for the house at 6461 Bell Pointe is for a rear yard building setback of 9'10". Sada Jacob, representing Redding Development, states that a 9'10" rear yard is necessary to build the planned house. The Sanctuary Addition was developed as a zero lot line subdivision to allow the placement of structures at the property line on one side of the lot. A 10' side yard building setback is required along the other side lot line. In an RS (Residential Single Family Dwelling) District, a minimum 25' rear yard building setback is required. However, the Zoning Ordinance does allow for a decrease from 25' to 15' if no accessory buildings are placed within the required rear yard. Redding Development is going to amend the final plat of The Sanctuary to allow for a 15' rear yard on the remaining 18 lots. A prohibition on accessory buildings in the required rear yard will be placed on the plat. On February 7, 2008, the Board of Adjustment tabled action on the original request of a variance to 9'. At that meeting, the Board stated that it wished to withhold a decision until after the Planning Commission took action on an amended plat of the subdivision. On February 18, 2008, the Planning Commission denied the amended plat that would have allowed 10' rear yards for all lots in the subdivision. The applicant shall have the burden to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Redding Development, Ltd. PROPERTY OWNER: Same LOCATION: 6461 Bell Pointe EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.19 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RS (Residential Single Family Dwelling) District EAST: Commercial GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District SOUTH: Single family construction RS WEST: Vacant RS COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Bell Pointe - Local street (private) with a 50' right-of-way and a 28' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line