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Home My WebLink About442-BAI DATE: January 4,2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance of 1.5 feet into the 15 foot building setback in a cul-de-sac in an RS (Residential Single Family Dwelling) District. FILE: 442-BA STAFF REPORT A building permit was issued for a new home at 3520 Charleston Lane in Phase Il of Barrington Heights in west Beaumont. Beard Homes had a slab poured and discovered that a comer of the house slab encroaches into the 15 foot building setback by 1.5 feet. The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 11 Responses in Favor . Responses in Opposition Fittz & Sh'man 1p, INC Consulting Engineers and Land Surveyors November 17, 2000 City of Beaumont Planning Division 801 Main Street Beaumont, Texas 77701 Attn: Murray Duren Senior Planner Ref Variance Request Building setback 3520 Charleston Lane Barrington Heights, Phase 11 Dear Murray: On behalf of our client Beard Homes, Fittz & Shipman, Inc. would like to application for a variance to the existing 15' building setback fronting the subject resident. Beard Homes sub -contractor when laying out the building was confused by the 10' utility easement and 15' building setback line around the cul-de-sac resulting in a small comer of the garage (1.51 x 1.5) encroaching into the 15'front yard set back. Also the City's code enforcement division inspected the building slab layout/foundations and footings and did not find the encroachment. Since the slight encroachment does not interfere with the building front alignments along Charleston Lane since it is in a cul-de-sac, we respectfully request approval of this request. Thank you for your assistance on this matter. Respectfully submitted Sqpfnan, Inc. in R. Hokn),P.E. the firm / cc: Beard, Homes 440 18th Street, Suite A * Beaumont, Texas 77707 * (409) 832-7238 * fax (409) 832-7303 1— 10 EILE 142-BA: Request for a varianace to allow,a residential structure to encroach 1.5 x NORTH 1.5 into the required 151 front yard setback. Location: 3520 Charleston Lane Loc ation: Applicant: Fittz & Shipman, Inc. for Beard homes SCALEN.T.S. r4 j 12 rr BA -M T t — BARRINGTON AVE. 17 mw i,71 a I CLAYS CLAYBOURN DRIVE. sa .V 2 %M is . 19 LLJ Z .IQ z z GC -MD —2 LU Z! 41 , 10 j < CO LTON LANE rON 'AN,- x a'R a FAI ILI I U �i�laIIa 9,—Z—AMMW- FND 1/211 I.R. AMOCO PRODUCTION CO. RESIDUE 680.66 ACRE TRACT VOL.374 PG.113 H.C.D.R. S01023'48" FND 1/2- I.R. 10' BLANKET ESMT. 0 VOL.10 PG.90 J.C.M.R. 25' B.L. CLERK'S FILE NO. 0 24.5' 06-0637003 CV J.C.D.R. 5 19, 12.8 m r- LOT 10 16.0 --J 17.5' 12.6' CV LOT 12 a zp� CONCRETE z SLAB too C9 gn QO ko 12.5' -11 16.2• lw a zco co cQ co cf) 5.16'- 24' 15' B.L. VOt.10 pd—.99T.C.jL'k— 5*XI5' VOL. c* vo C.lLR. ui FND I.R. SET 1 211 I.R. CHARLESTON LANE I CERTIFY THAT A AT THIS IS TRUE & ACCURATE PLAT OF THE PROPERTY KNOWN AS CHARLESTON LANE BEAUMONT, TEXAS 77700 . THE PROPERTY OIF MICKEY BEARD , AS SURVEYED BY HE SHOWING (ALL) (NO) IMPROVEMENTS AND BRING ALL OF LOT I I BLOCK 3 IN BARRINGTON HEIGHTS, PHASE B . A MAP OF CH IS RECORDED IN VOLUME is PAGE-0—OF THE MAP RECORDS OFIEFFERSON COUNTY, TEXAS'. THE UNDERSIGNED SURVEYOR DOES NOT WARRANTOR SUBSCRIBE TO THE ACCURACY OR SCALE OF FLOOD ZONE INFORMATION STATED OR SHOWN HEREON WHICH IS DERIVED FROM THE ABOVE REFERENCED FLOOD INSUPLANCE RATE MAP. PREPARED BY. J R—LINE SUBVEYORS IN crm smaumma/um summa P.Q. BOX 244D ORiNGE, TZ 77851 (400) su-4598 6 su? FLOOD ZONE C FIRM 495467 0050 C DATED 03-16-92 ,CENSUS TRACT SCALE - I". = 20' DATE 10-23-00 Go # JOBS 00-1103 TMLD BOOKS 05 -- PArx&—Ls-- I CASE # ¢ /� AEQUIREMENTS., FOR. A VARIANCE, The Board of Adjustment -is empowered to authorize a variance from a require- ment 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. CONDITION B. That literal enforcement of the . ordinance will result in un- necessary 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 physidal 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 appli- cant or property owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. ANALYSIS, 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. The intent of the front yard building setbacks will not be affected as the slight encroachment at 3520 Charleston'is in a cul-de-sac. CONDITION 13: 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 J considerations or, caprice, and the hardship must not result from the applicant or owner's own actions. The present positioning of the home's concrete slab allows the owner to build a home consistant with the square footage and quality-of'home"s in the Barrington Heights neighborhood The 'house layouts in this subdivision are generally for 120'deep lots. However, in ;he cul-de-sac lots", the front and rear yard setbacks complicat-4.1 configuring house layout's to compliment the quality of homes in this area. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. As stated in condition A, the spirit of the ordinance will not be altered or re —defined. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE, ' Applicant's signau Date: November 17, 2000, GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Fittz and Shipman, Inc. PROPERTY OWNER: Beard Homes STATUS OF APPLICANT: Consulting engineers LOCATION: 3520 Charleston Lane PROPERTY DESCRIPTION: Lot 11, Block 3, Barrington Heights, Phase 11 EXISTrNG ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 0. 192 acres, more or less EXISTING LAND USES: Lot and house slab FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences RS (Residential Single Family Dwelling) District EAST: Vacant GC-MD-2 (General Commercial -Multiple Family Dwelling- 2) District SOUTH: Residence and vacant RS and A-R (Agricultural -Residential) District WEST-. Residences RS COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL The subject site is the next to last lot on the FEATURES: cul-de-sac street. STREETS: Charleston Lane - a residential cul-de-sac street with a 50' wide right-of-way and a 27' pavement back of curb to back of curb. DRAINAGE: Storm sewers WATER: In the street right-of-way. SANITARY SEWER SERVICE: In the street right-of-way. GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTI Fire protection is provided by Station #9, 7010 Gladys, Avenue. ADEQUACY OF SERVICE: The proposed and existing services and utilities are adequate.