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Home My WebLink About430-BADATE: October 7,1999 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the required front yard building setback of an existing new residence in an RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling - Highest Density) District. The variance to the front yard setback will be from the required 15 feet to 13 feet. KPI WE STAFF REPORT The applicant constructed a new home at 6960 Reno Circle. The garage encroaches two feet into the 15 foot front yard setback. The property is on a cul-de-sac. The variance, if granted, will cure the encroachment so that the home can be sold. The applicant has the burden of proof to demonstrate compliance with Conditions A, B and C. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 Responses in Favor 0 . Responses in Opposition 0 . September 8, 1999 Board of Adjustment Planning Division, Room 205 City Hall, 801 Main Street Beaumont, Texas 77701 P.O. Box 3827 77704 Re: west for variance at 69,60 Reno Circle Dear Board: Please find enclosed a completed Application and Variance Supplemental Application requesting that a variance be granted to the fifteen foot (15) setback easement at 6960 Reno Circle in Beaumont, Texas. The one-story house that was recently built on Lot 12, in Block 3, of the Meadowlands, Section Three, (hereinafter referred to as 6960 Reno Circle), was mistakenly positioned on the property creating an apparent encroachment *of almost two feet into the setback easement. When the foundation was laid out, the fifteen foot (15') setback easement was mistakenly measured from the road to the front comer of the garage, not taking into consideration the curvature of the road. This error was clearly unintentional. This caused a portion of the garage to encroach the setback easement by less than two feet at its deepest point, as seen on the attached site plan. Construction of the home is complete and the encroachment is preventing the sale of the property. If a variance is not granted, extensive and costly structural changes will be required, if at all possible, causing an undue hardship. The granting of the variance requested will not be contrary to the interest of the public because of the size and location of the requested variance. The encroachment is less than two feet at its deepest point and is located at the concrete driveway of the home. The encroachment is not noticeable by the public. The requested variance is so small that the home will have the appearance of compliance with the fifteen foot (15') setback easement, observing the spirit of the easement without creating an undue hardship on the property owner. It is imperative that this board grant the requested variance in order that justice be served, Sincerely, Vernon LeBlanc, Applicant Enclosure �?P �QISI w 9"A 41, VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT9TEXAS (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 granting of the variance requested'will not be contrary to public interest because of the size and location of the variance. ' The encroachment at its deepest point is less than two feet and is located at the concrete driveway. The encroach— ment is not noticeable by the public. CONDITION B,: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, sh ` topography or other extraordinary or exceptional physical situation ape 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. The literal enforcement of the setback easement will result in an unnecessary hardship because construction has been completed. If a variance is not granted, extensive and costly structural changes will be required, if at all possible, causing an undue hardship. CONDITION C: That by granting the variance, the spirit of -the- ordinance will be observed and substantial justice will be done. Because the variance requested -is so small, the home will have the appearance of compliance with the setback easement and the spirit of the easement will be observed. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's j '99 (MON) 10:30 STEWAHT 11ILL bLAVMUNt ftvyoq)lj a 007 SURVEY 1EGEND KLECrfiJ0 LINN EM CUNCRIff 9 BUJWACZ [DAZ AIRCOND1r1ON)'Ve U'Vir JFRMCN —PLC PL— I!JPZLJYB EM COVERED AREA a F.P1 POVIR POLE 1", CHAIN LINN PENCE —T , T— r-PLEEPHONS IJR]r EE� ROCK OR GAAVtL ):( srRivrijair —.Y— JM,90KD VINE rzycr CLIENT, pEggy 1). SISK ANp Qajrri A. stsk OF#: 0901511-SAL LOT 20 LOT 21 LOT_18 LOT 19 P POUND N 66 POUN a'20' E 146.06 Inik Be10 FROM LOT 13 IRON JA 002io' RAcn $1,09l IPTILFIY JPASNMIMr LOT Y2 wti 2 1 VX vW 4 I - ONE STVAr BRICK AND WOODd RESIDSHON ON .Sidi' 1.80, MOOD FFN C CONC OAOUNn CrROC 6960 RENO CIRCLE (6011110-K) LOT 11 14 SCALE 1, - 30, o I -0ON( box 1 TOURD I I RON TEL IS, DUALDINO SITBACK IJNR (A-60.16' r rRICAL AND UPILITY EASEMENF (CA11.90 68.82-) T--32.99' LC-55,07' CB-S 72'06'446" )Y DESCRIPTION OF SERVICES; LOCATF 01? S AND SHOW IMPRDVRMRNTS SURVEYOR'S CERTIFICATION: TO rHP URNHOLDERS ANDIOR THE OWNERS OF THE P.RRAIISRS SURVEYED AND TO STEWART TITLE GUARANTY COMPANY The undersigned does horaby cort0i that this surrey Was this day AM 96- took -. made on (he ground of the properly legally described hereon and is correct, that there are no ot0cropancios, conflicts, shortages of area. boundary line conflicts, mnoroaohments, overlapping of improvsmeMy. easements or r4ohl of way, except as shown hereon and that said property has acoess to and fro"i a. dedicated roadulay. The above tract being located at -MO RRNO CIRCLk- BP-AtjA(QNT. LMiS 7Z71a and being described as '11 IF Arring TmmR- "JP0. v as voi:67ded in Volume 96 . Page Zfi of the 41AR Records of --dE1=QA County, Texas. In accordance with the Flood Jnsurance Rate Map of the Federal Emorganoy Managerntnt Agqnoy, 1.1-,D reference shaven, the SuOieci tract ties in the flood zone noled. Location on map was im b scale. Actual 'of cation not delarynined. unless requested. FAUST Engineering and Surveying, In" -doe not a or s� �01- accuracy or scale of said map. RICHARD F. FAU* REG18TERED PROFESSIONAL LAND SURVEYOR NO. 4782 FNCROA611MFNT NOTES: Date: AUQ. 20, 1909 1. WOOD 1`12KCR4 ARE EN VASEMINYS 2. 11OU81 IS IN 18' B-L I NOTED '4 �Kr Census Tract: 1.01 3. CONC DAM AND WALK OVI�RLAP 15- B.L p FEW Flood Tone: r Co.- 0AP Community Panel NO.: Al FAUST 485467-0045- B 47 P _ Panel Date; -19z1zffA-- ENGINEERING -AND SURVEYING, INC, Field Book No.: 912-11 2866 Pasitai Pmaway, SuVe "A" Project Na. 9.9QA-288 Beaumont, Texas 77706 (409) 89 -366b Fax (!m) 892-oo88 4W-BA � - : Request for a variance to the required front yard building setback of NORTH an existing new residence. Garage encroaches two (2) Winto the 15 ft. setback. The property is zoned RS-(Residential Single Family Dwelling). Location:. 6960 Reno Circle SCALE Applicant: Vernon LeBlanc P., 2001 � ar rR .. "\ yr � rt N;',. 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'i%..? ti • . twe i^i'.' r wr i �h F ' � r` "'� ' � +.wsc %t R`� `+ •.- y. i`yr♦k r..rw wtir. �r t 4µ rF•c .e "'1C" J.,- .�. �" t,.r.•r +,, ,..+r h..r 'y :. ,.r .v.. .�+.� ... �. �.. „c'rS.'�/'�o ' STATE HYW. 105 n Pa A4s GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: 611F.11 q 9 9 1 reffy-WWWWAAAAAMI LOCATION: LEGAL DESCRIPTION: Vernon LeBlanc Homes by LeBlanc, L.L.C. Home builder 6960 Reno Circle Lot 12, Block 3, The Meadowlands, Section Three EXISTING ZONING: RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling -Highest Density) Districts EXISTING LAND USES: N/A New single family residence "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences RS (Residential Single Family Dwelling) District EAST: Residences and residence under construction RS SOUTH; Residences RM-H (Residential Multiple Family Dwell ing-Highest Density) District WEST: Residences and residence under construction RM-H COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL Encroachment is situated on the concrete FEATURES: driveway. Cul-de-sac lot. STREETS: Reno Circle - a 27'wide concrete street with a 50'right-of-way, and a cul-de-sac termination. Extends east fi-orn Tahoe Drive. DRAINAGE: Storm sewers WATER: On site GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: FIDE PROTECTION: On site Fire protection is provided by Station #8, 6295 Hwy. 105 at Lampman. ADEQILACY OF SERVICE: Services and utilities are adequate.