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DATE: November 19,
2012
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request to revoke a specific use permit to allow a two
family dwelling (duplex) in a RS (Residential Single Family
Dwelling) District
FILE: 1242-P
STAFF REPORT
The Planning Manager recommends approval of the revocation based
upon the fact that the specific use permit was obtained by deception.
In June, 1994 Fredrick Joubert, Jr. received a specific use permit to
allow a two family dwelling (duplex) at 255 Pollard. A two family
dwelling is permitted in a RS (Residential Single Family) District with
a specific use permit.
At the time of the request, there was an existing single family
structure on the property. The site plan attached to the application
for the specific use permit showed that the existing single family
structure was to be demolished. According to the June 20, 1994
Joint Public Hearing Minutes, Mr. Joubert was asked when he was
going to demolish the building and he stated A that when he finished
the building in about a year.@ However, it was not made a condition
of approval of the specific use permit. Mr. Joubert never did
demolish the single family structure.
Upon receiving a complaint in the summer of 2010 about having
three residences on property zoned RS, Mr. Troy Joubert, the new
property owner and son of Fredrick Joubert, was given four weeks
to correct the violation. The single family structure was not
demolished so charges were filed. However, when the case went to
Municipal Court, the City=s Municipal Court Attorney felt that the
appropriate action was to revoke the specific use permit.
An inspection of the single family structure in October, 2012 found
that the electricity has been disconnected. On November 8, 2012,
the Planning Manager spoke with Troy Joubert. When asked what he
intended to do with the single family dwelling, Mr. Joubert said that it
was his intention to rehabilitate the structure and rent it. This would
be in direct violation of the approved specific use permit.
Sec. 28.04.001(h) of the Zoning Ordinance states that a specific use
permit may be revoked or modified, after notice and hearing, for
either of the following reasons:
1. The specific use permit was obtained or extended by fraud
or deception; or
2. That one or more of the conditions imposed by the permit
has not been met or has been violated.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 40 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 13 and 14, Block A, Pine Hill Addition, City of Beaumont,
Jefferson County, Texas, containing 0.193 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: City of Beaumont Planning
Division
PROPERTY OWNER: Troy Joubert
LOCATION: 255 Pollard
EXISTING ZONING: RS (Residential Single Family
Dwelling) District
PROPERTY SIZE: 0.193 acres, more or less
EXISTING LAND USES: Single family residence and duplex
FLOOD HAZARD ZONE: Shaded A X @ - Areas
determined to be within 500-year
flood plain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant RS (Residential Single Family Dwelling)
District
EAST: Residential RS
SOUTH: Residential, vacant RS
WEST: Residential RS
COMPREHENSIVE PLAN: Conservation and
Revitalization
STREETS: Pollard Street - Local street with a
50' wide right-of-way and an 18'
pavement width
DRAINAGE: Open ditch
WATER: 6" water line
SANITARY SEWER
SERVICE: 10" sanitary sewer line
PROPERTY OWNERS
ARLINE NAZREE
CALLAHAN CHARLOTTE ESTATE
CANTUE RUSSELL
CANTUE RUSSELL & DEBRA
CARTER ROBERT ESTATE
CASTILLE ROSELLA ESTATE
CHRIST HOLY SANCTIFIED CHURCH
COLEMAN ILLYA
COLLEY J C
CRITON ORENE
DAVIS DOROTHY S
DE CORDOVA DONALD ET AL
HANEY MERDRE
HARRIS WILLIE
HARRIS WILLIE ET UX
HARTMAN MARGARET MOSE
HEBERT NANDO J EST
JEFFERSON COUNTY D D 6
JEFFERSON COUNTY D D 6
JEFFERSON COUNTY D D 6
JEFFERSON COUNTY D D 6
JONES FABIUS AND EDNA
JOUBERT LEONARD JR
JOUBERT SAMPSON JR
JOUBERT TROY
JOUBERT WILLIE MAE
PERRAULT KENNETH J &
POLLARD LYDIA
PRYOR JETTIE ESTATE
REED ELAINE I
ROBERTS GEO ET UX
RUBEN KENNETH SR
RUBIN MORRIS
SIMMONS MARY MS
SMITH SADIE R
SMITH SADIE R
SMITH SADIE R
WALKER JEWETT LYNIUS REV
WILLIAMS AARON
WYATT WILMA