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Home My WebLink AboutPZ2021-10DATE: February 4, 2021 TO: Board of Adjustment FROM: Denii Laney, Senior Planner SUBJECT: To consider a request for a Variance to the required minimum side yard setback in R-S (Residential Single -Family) zoning, from 10' to 1.4. FILE: PZ2021 -10 STAFF REPORT Steven Odle is requesting a variance to the side yard setback for the property located at 5530 Sul Ross Lane. The property is zoned Residential Single -Family (R-S) and therefore requires a 10' foot side setback oil an exterior corner lot. The open-air carport will be tied onto the existing roof line and extend out 25'. 'The length of the carport will encroach approximately 8.6' into the required setback and be situated 1.4' from the side property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in Unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 28 Responses in Favor. Responses in Opposition LEGAL DESCIUPTION Being Lot 9 and eastern 10' of Lot 10, Block 2 out of the Anderson Estate Addition, Beaumont, Jefferson County, Texas, containing 0.2755 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Steven Odle PROPERTY OWNER: Steven Odle LOCATION: 5530 Sul Ross I.ane EXISTING ZONING: R-S (Residential -Single Family Dwelling) PROPERTY SIZE: —0.2755 acres more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 50�0 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING. NORTH: Residential R-S (Residential -Single Family Dwelling) EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: Stable Area STREETS: Sul Ross Ln - Local street with a 50'right-of-way and 25' pavement width. Willianisburgi, —Local street with 50'right-of-wayand 25' pavenmit width. DRAINAGE: Curb and Gutter WATER: 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' MALAIN JOHN M NEWTON JON R & CATHERINE P FE'I-FEROLF DANIEL ALAN SMITH CI ARLES N JR KIBLER MAWI'HA ESTATE ALAN CRAMER INVESTMENTS INC MCITENRY JIM & LISA BOLSER TROY D & KELLY L BALL JORDAN ALEXANDER BLACKSTONE STEPHANIE GIRODTERESA E & JAMES F FRUGE KEITH A & FRETZ ALLEN JR & PATRICIA CONWAY NANCY L TYNER RICHARD D JR TANNER KYLE W & DONNA R BOLDT BEVERLY CECILE SHERMAN PAULA ODLE CRAIGTHOMAS STARR JUSTIN A BELL KATHY RENICK & JEFFREY W HILLIS SARA P RODRIGUEZ JOSE R & EMILY J LENERTZ VINCENT J ODLE STEVEN C ET UX FISHER ELIZABETH ANN BEHRENS PAUL DUDLEY JR ET UX VON NETZER MARY E F BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING (Check One) () Appeal (X) Variance Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. APPLICANT'S NAME AND ADDRESS: Steven Odle 5530 Sul Ross Lane, Beaumont. Texas 77706 APPLICANT'S PHONE NUMBER 409-781-1709 FAX #: n/a NAME OF OWNER: Steven Odle ADDRESS OF OWNER: 5530 Sul Ross Lane, Beaumont, Texas 77706 LOCATION OF PROPERTY: 5530 Sul Ross Lane, Beaumont, Texas 77706 LEGAL DESCRIPTION OF PROPERTY: LOT NO. 9 and E 10'of Lot 10 OR TRACT BLOCK NO, 2 PLAT ADDITION Anderson Estates SURVEY NUMBER OF ACRES .2755 NUMBER OF ACRES For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST. SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE. A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WOR� SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE 'PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER . ..... DATE RECEIVED:- CITY OF BEAUMONT PLANNING DIVISION 8,01 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 VARIANCE APPLICATION FORM BEAUMONT, TEXAS The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. My neighbors do not object to the building of a carport. CONDITION 13: That literal enforcement of the ordinance wi➢l resu➢t in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itse➢f as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. We need the variance to be granted so that our vehicles will, be covered when getting the grandchildren in and out of our vehicles. In addition, since we recently laid a new driveway and do not want to add additional concrete to our yard, this is the best location for a carport. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. By granting the variance, we will build a carport just large enough to keep our grandchildren, out of the weather elements. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. APPLICANTS Phone Number, 409-781-1709 Fax Number: n/a I nary 12, 2021 h of Beaumont Ph fining Division E10 r. Main Street, Suite 201 Be:iumont Texas, 77701 D-,ar Board of Adjustment, I ivn writing on behalf of Steven and Julie Odle in order that they Maybe granted a variance for the addition of a new carport to their existing residence at 5530 Sul Ross Lane. The owners are proposing to construct a carport so they will by protected from the weather as they get their grandchildren in and out of their vehicles. The Odles are proposing to build the new addition over the existin driveway. It will: be large enough to cover two vehicles and will be a wood fram d structure, tying directly into the existing roof. The carport will be designed using exterior materials that match or are similar to the existing residence siding and roof in order for a seamless transition between new and existing constructioln. in order for the proposed carport to be large enough to cover both the owners vehicles it will need to extend outside the required 10' side -yard building setback approximately eight to ten feet. In the owners opinion, there is no other area on their lot inside the building,5etbacks lines large enough to build a two vehicle carport that would not c64se them an additional financial burden of having to pave over a large area of' their lot. The owners feels locating the proposed carport over the existing driveway will have the, least impact to the site both visually and environmentally. The owner will not be adding new concrete paving visible from the street, nor will they be paving over any existing permeable surfaces, minimizing the increase of storm water runoff from their lot. Please see the attached site plan showing location of the proposed carport and its approximate size. We appreciate your consideration and time in reviewing our application for a variance. Sincerely, David Malain Malain Architecture + 1pteriors, LILC 9OLLI SW311NONAYN 3HO SSW InS OESS q "!� A 15. tlNd ag il WA jilj5z 3icio 3iinr 19 WARS 0 t t 1 N011103V HOddVD MIN 08 , A 'Hi 1W i7 FilePZ2021-10: To consider a request for a Variance to the required minimum side and setback in R-S (Residential Single -Family) zoning, from 10'to 1.4', Applicant: Steven Odle Location: 55,30 Sul Ross Lane 0 100 200 1 _ - .. .... L., I I Feet