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Home My WebLink About445-BADATE: April 5, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the rear yard building setback for an existing shop building encroaching to within 1.60 feet of a rear lot line in an RS (Residential Single Family Dwelling) District. A 2.5 foot minimum setback is required. FILE: 445-BA STAFF REPORT Mr. Carver purchased a home at 6075 Barrington Avenue in 1998. He and his wife built an 8' x 22' workshop on an existing slab at the rear of their detached garage. He is being transferred by his company, Exxon Mobil, and needs to sell his house. He built the shop to within 1.60'of his rear lot line. The minimum setback for an accessory structure in the RS District is 2.50% The tract behind his lot is zoned GC-MD-2 and is part of a 40 acre commercial tract. The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance has been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 Responses in Favor . Responses in Opposition Kirk Carver 6075 Barrington Avenue Beaumont, TX 77706 (409) 860-3177 home (409) 860-1314 work March 12, 2001 City of Beaumont Planning Division Board of Adjustment City IWI, Room 205 801 Main Street Beaumont, TX 77701 PO Box 3827 Beaumont, TX 77704 RE: Variance for 6075 Barrington Avenue Dear Sir or Madam: A few months after the purchase of our home in 1998, we constructed a small workshop for hobby activities behind our garage on a pre-existing slab. The location was chosen as it best allowed for a future pool and to maximize usable backyard space. The workshop is roughly 8x 22and is supplied with lighting and power circuits from our main panel. is It has come to my attention that this workshop is 1.60'from the southern lot line of my property. As such, this transgresses on the accepted "2 foot distance" that I am told is the limit for residential property boundary encroachment. Our company (ExxonMobil) is transferring my wife and me, and we will need to sell our home. We would Re to be able to sell our house with the shop intact, as it adds nicely to the home, in both utility and appearance. The southern edge of my property bounds on an unimproved, commercially zoned tract of land, and therefore the shop should not be a burden to anyone, physically or aesthetically. To sell the property with the shop intact, I am told that we must apply for a "variance" with the Board of Adjustment. n-ds letter and the attached data are intended to fulfill the requirements of an Application for Variance. I hope this meets with your approval. If you have any questions, please do not hesitate to call me at the munbers, fisted above. Sincerely, Kirk Carver 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. 4A, CONDITION 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 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. --r-AAr� o e- o,� -A�—e wrA,< ct--s (ip---,4 -Lhow-o t-e- i(v\�v m eA-� CL El"A C, � -14% "A- v{ as --A c�, c, e -Fv-�v -0 Ue 1k " , c-e-A r 6 U's n (0"C>wool o ) A &-Ac� Ak..,-e- s eve o � ri om c-ot,5v o u s CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. CX-A&16 40u i t andc, pp e- e,,s on c e 01� 4- e- (,,,- 0 0-S e I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's �A r signa Date: FILE 445-BA: Request for a variance to the rear yard building setback regulations for NORTH an existing shop structure in a RS (Residential Single Family) district. Location: 6075 Barrington Ave. Applicant: Kirk D. Carver SCALE 111=2001 M to 6 14 12 "9 BARR N T N. �gi 7116 LUX BARRINGTON AVE. 75 Al 73 M 75 121200 7 4 tj 12 it to 6 au 75 &185 -2 IM00 75 t MW flaw J. Q. 85 ww X I z CLAYBOURN DR. Ld Ilk -i 120 SUBJECT V-0 ORMEa : - I 0 ""itzo WOO 12doo (N J6 120 f z J 2 �ao o:l, -i --N 0 12aw -4 f2aloo D woo- 2 38 (M pile1 9 C M f2o 12dW WOO % Q3 WOO J9 e 120 =00 00 40 e f2O RAW fOt.07 km, K3 N4 t4dowo t5a I -WOO SURVEY LEGEND --E E — ELECTRIC LINE CONCRETE SURFACE n A.C. —PL—PL— PIPELINE, COVERED AREA • P.P. —T—T-TELEPHONE LINE ROCK OR GRAVEL AIRCONDITIONING UNIT = = = WOOD FENCE POWER POLE---{/�- CHAIN LINK FENCE STREETLIGHT X�- BARBED WIRE FENCE FOUND 112" POINT FOR 83.7,' D CORNER n r2.03 �ym LOT �� 1-STORY BRICK GARAGE ON 6.27 SLAB hc Es.#' i c� I--STtIRY BRICK C` *� f'} L O T 8 RESIDENCE' ON CONC. SLAB � UNDERGROUND ELECTRIC COVBRBm to' WIDE SERVICE EASEMENT colic, t1V n PER NOTE 3 ON PLAT 5' EITHER SIDE OF LINE 5.33 r \ UNDERGROUND ELECTRIC NOT LOCATED IN FIELD C.S.U. PEDESTAL s.W.B.T, PEDESTAL a + °; 4A R lei ' i �x a to' x 25' UTILITY EASEMENT s' x 25" EITHER SIDE OF LINE FOUND 1,/2" 83. (called 83.75') IRON ROD NOTE: NOTE 7 OF PLAT REQUIRES A I U o / 5 BARRINGTON �p pew �r AVENUE ,� MINIMUM FINISHED FLOOR ELEVATION OF THE RESIDENCE TO (60' RIGHT OII' wAy) BE 27.0 .BASED ON BENCHMARKS NOTED ON PLAT. ELEVATION OF RESIDENCE FOUND TO BE 27.17. 2 N, SCALE; i"-30' BUILDING SETBACK LINE 15' UTILITY EASEMENT FOUND CAPPED t12" IRON ROD DESCRIPTION Of SERVICES: I.� .A�., 7"I C�Tf tunes ihmg RNT'7 SURVEYOR'S CERTIFICATION: 7'O THE LIENIIOLDi"RS AND/OI2 THE OfVNER,�` OT TJS'E' PREMISES SURVEYED AND TO STE'iFA,R7" TITLE GUARANTY COMPANY The undersigned does hereby certify that this survey was this day LARCH i3 i998 made on the ground of the property legally described hereon and is correct, and that there are no discrepancies, conflicts, shortages of area, boundary line conflicts, encroachments, overlapping of "improvements, easements or right of way, except as shown hereon and that said property has access to and from a dedicated roadway, The above tract being located at _ 6075 RARRI CTON AVENUE, BEAUAfO'NTTEXAS" 77706 and being described as LOT tl IN BLOCK 2 OF BAR INCTON HL"TGHTS PHASE I 3'41I o the MAP Records of JEFFERSON County, Texas. In accordance as rerarded, in ValumeJ..�.a�_, Page f with the Flood Insurance hate Map of the Federal Emergency Management Agency, map reference shown, the subject GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Kirk D. Carver PROPERTY OWNER: Dirk D. Carver LOCATION: 6075 Barrington Avenue LEGAL DESCRIPTION: Lot 8, Block 2, Barrington Heights, Phase I EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 0.23 acres, more or less EXISTING LAND USES: Residence, garage, shop FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences RS EAST: Residences RS SOUTH: Vacant commercial tract GC-MD-2 WEST: Residences RS COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: 8'x 22'hobby shop at rear of garage on a slab. STREETS: Barrington Avenue - a residential collector street with a 60' right-of-way and a 3 7' wide pavement. DRAINAGE: 36"' storm sewer in the street right-of-way. WATER: 6" water line in the right-of-way. SANITARY SEWER SERVICE: 8" sanitary sewer in right-of-way. FIRE PROTECTION: Fire protection is provided by Station #9, 7010 Gladys Avenue. ADEQUACY OF SERVICE: Services are adequate.