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Home My WebLink About2162-P J2 DATE: March 18, 2013 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow children’s quarters in a R-S (Residential – Single Family Dwelling) District. FILE: 2162 - P ___ STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. That the owner obtain a variance to the minimum rear yard building setback requirement 2. That the owner obtain a license-to-encroach permit 3. The property owner shall file a deed restriction that the children’s quarters shall be used for housing family members only and shall not be rented. Justino Jaimes is requesting a specific use permit to allow for the use of children’s quarters in an RS district. The accessory building has already been constructed. The property is located at 2524 Rusk Street. Already on the parcel is an approximately 31’ x 47’ (1457 square feet) home, with two bedrooms and one bathroom. Mr. Jaimes has three children and is frequently visited by his mother from Austin, so the additional building (approximately 26’ x 24’ or 624 square feet) would help address some of the needs of the family, including two additional bedrooms, a bathroom, a living area, and laundry facilities. The building extends over the rear property line and into the City-owned 20’ alley to the rear of the property. The encroachment into the alley is over 7’. This makes it necessary for the owner to obtain a variance to the rear setback to the property line (he has constructed the building crossing the property line) and a license to encroach into the City’s right of way. Once these are obtained, a certificate of occupancy may be issued. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 30 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Lot 2, Block 20, Oaks Addition, City of Beaumont, Jefferson County, TX, containing 0.125 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT Application Application is in is not in Comments compliance compliance Attached (SECTION 30-26.E, ZONING ORDINANCE) Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X Comments on Condition 4 follow: 4.The owner must demonstrate that he is able to provide three parking spaces on the property. APPLICANT: Justino Jaimes PROPERTY OWNER: Same LOCATION: 2525 Rusk EXISTING ZONING: R-S (Residential – Single Family Dwelling) PROPERTY SIZE: 0.125 acre, more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential Single Family Dwelling) District EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: Stable Area STREETS: Rusk Street – Local Street with a 60’ right-of-way and a 30’ pavement width DRAINAGE: Curb and gutter WATER: 6” Water line SANITARY SEWER SERVICE: 6” Sanitary sewer line PROPERTY OWNERS BONNER LARRY A BURROUGHS DANIEL CLYDE CASTELAN JORGE GARCIA HORACIO GONZALES NELLIE HEARTFIELD RICHARD & ANNA HERNANDEZ JAVIER HINTON HAROLD D JAIMES JUSTINO ET UX JOHNSON CELESTE V JONES PATRICK M KOJAK P T & CATHY LUNA ALEJANDRO & NATIVIDAD PATERNO PABLO & HILDA PATILLO ROBERT L RICHARD IDA RICHMOND MARY RILEY LEONARD G & CONNIE FAYE SFEIR BASSAM M ET UX SMART APARTMENTS LLC SOUTHEAST TEXAS COMMUNITY TAYLOR MELVIN & ROSALAN F TAYLOR MELVIN & ROSALAN FAYE UNION PACIFIC RAILROAD CO WAYMAN DON N & SHARON WILLIFORD BILLY GENE WRIGHT NATHAN E WRIGHT NATHAN E WRIGHT NATHAN EDWIN WRIGHT NATHAN EDWIN