HomeMy WebLinkAbout461-BADATE: November 1, 2001
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance to the 10'landscaping requirement of Chapter 30-31(f) to allow
a 5' landscape strip along the west property line at 1645 Delaware.
IMENIZINWRIT.11
STAFF RE' PORT
Albertha Mahoney, the applicant, plans to open a day care center at 1645 Delaware. The
subject property is zoned General Commercial -Multiple Family Dwelling (GC -MD) District.
The property to the west is zoned Residential Single Family Dwelling (RS) District. Therefore,
an 8' tall screening fence and 10' wide landscape strip are required on the west side of the
subject property,
Ms. Mahoney intends to construct the 8' fence, but only has room to provide a 5' wide
landscape strip. The existing structure sits 5' off the property line.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for a variance have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 22
Responses in Favor . Responses in Opposition
VARIANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 E.3)
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.
PRE EXISTING CONDITION PROPERTY
BOUNDRY WERE ESTABLISHED OVER 50 YEARS THIS IS A VERY OLD
SUDDIVISON.
CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because
of cxccpfional 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 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 own actions.
Property boundry is to narrow it is onely 5 feet and it
will be wide enough for the privacy fence we do not have
enough property for the buffer. Enforcement of this
ordinance would enfringe on the aj'ac'en,t proporty owner
property.
CONDITION : That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
The granting of the variance would allow the property
owner to use the property for the up grading of the
community and bring new buline8s in the community.
Justice would done because it is not enough property
and we wont to abide by the city ordinate to the best
of our ability.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
14J
Applicant'ssignature ZVA Date: 16,�Ij2 r'�,59
Albertha Mahoney
5740 Springdale
Beaumont, TX 77708
(409) 895-0854
October 10, 2001
To the Planning Division
Room 205
City Hall 803 Main, St.
Beaumont, TX 77704
My name is Albertha Mahoney and I'm applying for a variance at 1645 Delaware
St. in Beaumont TX. I plan to open a daycare center but before I am able to do so, the City
Ordinance requires that I have a 10 ft buffer installed that would include a privacy fence.
Unfortunately the land is only wide enough for the privacy fence. We just don't have enough
property to have a 10 ft buffer. I have my site plans showing the existing building and parking.
The surrounding community and I would greatly appreciate your time and decision if I am
granted this variance,
Sincerely,
Albertha Mahoney
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Albertha Mahoney
PROPERTY OWNER: Mr. and Mrs. Howard Joseph
LOCATION: 1645 Delaware
LEGAL DESCRIPTION: Lot 4, Block 5, Gold Hill Addition
EXISTING ZONING: GC -MD (General Commercial -Multiple Family
Dwelling) District
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residential
EAST: Residential
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
0.16 acres, more or less
Residential structure
"C" - Minimal flood hazard zone
SURROUNDING ZONING:
GC -MD (General Commercial -Multiple Family Dwelling)
District
CC -MD
GC -MD
RS (Residential Single Family Dwelling) District
Conservation and Revitalization
None
Delaware Street - a 60'wide secondary arterial
with a 20'wide pavement.
Gulf Street - a 60'wide major collector with a
20' wide pavement,
DRAINAGE: Existing storm sewers
WATER: Existing
SANITARY SEWER
SERVICE: Existing
GENERAL INFORMATION/PUBLIC UTILITIES continued
FIRE PROTECTION: Fire protection is provided by Station #2,
Wilson at Ironton.
ADEQUAC
OF SERVICE: Services are adequate.