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HomeMy WebLinkAbout370-BADATE: October 13, 1994 TO: Board of Adjustment FROM: Planning Division REQUESTED Consider a request for a 2.6 ft. variance from the platted ACTION: and recorded 10 ft. wide interior side yard building setback of a residential lot. *STAFF REPORT* STAFF RECOMMENDATION FILE 370-BA Staff recommends approval of the variance because the application complies with conditions A, B and C as required. PROJECT INFORMATION The applicant, Wayne Peyton, wishes to build a one story home on a residential lot which fronts a private street in a subdivision developed as a zero lot line development. No homes have yet been constructed in the subdivision. The plat was filed for record in April 1994. There is a 10 ft. wide side yard on one side of the lot and no side yard on the other side of the lot. He wishes to build a home which would encroach 2.6 ft. into the 10 ft. side yard. Exhibits are attached. PILE 370-BA Page 2 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: FLOOD HAZARD ZONE: SIZE OF PROPERTY: EXISTING LAND US : SURROUNDING USES: NORTH: DDN6 drainage ditch and open fields BAST: Dowlen Road SOUTH: Apartments WEST: Apartments COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: Wayne Peyton Wayne Peyton 13 Winchester Cove (private street) Lot 13, Winchester West Place RM-H (Residential Multiple Family Dwelling -Highest Density District) X C (Minimal) B (Moderate) A (100 Year) Floodway 0.15 acres ± Vacant home site SURROUNDING ZONING: RS (Residential Single Family Dwelling District) RM-H (Residential Multiple Family Dwelling -Highest Density District) RM-H RM-H Neighborhood Growth Unit None Winchester Cave, a private street and utility easement with a 40' wide right-of-way and a 26' wide concrete pavement with curbs and gutter. This street enters a private concrete drive and thence east to Dowlen Road. FILE 370-BA page 3 GENERAL INFORMATIONIPUBLIC UTILITIES continued DRAT AGE: Lots on Winchester Cove drain into inlets in the street. This water then flows into the DD#6 ditch on the north. WATER: All lots in the subdivision are served through easements from a water line in Dowlen. SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OFF SER ICE: The lots are served with a 6" sanitary sewer in an easement from a larger main in Dowlen. Fire protection is provided by Station #9, 7010 Gladys. Services and utilities are adequate. FILE 370-BA REQUIREMENTS FOR A VARIANCE Page 4 The Board of Adjustment 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. CO ITI N 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 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 Condition A- This is a small, private subdivision with 13 interior lots fronting on a private street and three lots fronting on Dowlen. The Dowlen lots are being offered for possible office use with specific use permits and do not have zero lot line development requirements. A restrictive covenant containing deed restrictions and owner's responsibilities was filed with the plat. No homes have been built as yet and this request has the approval of Dr. and Mrs. Iles, the developers and owners of the remaining lots in the subdivision. The request for a 2.6' variance into the 10' will leave a 7.4' interior side yard. The opposite side of the 55' wide lot is the "zero lot line" interior side. The zero lot line concept is found in Section 30-25 C. 11, which is an exception to the setback requirements in Section 30-25 B.1 (residential). A variance may be granted under Section 30-37 E.3. The exception regarding zero lot lines reads as follows: "The zero -lot -line concept which involves locating a residential dwelling with a doorless and windowless wall actually on one FILE 370-BA ANALYSIS continued Page 5 interior side yard lot line adjacent to a dwelling with a side yard that is the width of two (2) minimum side yards for the district in which located, shall be permitted when the appropriate building lines, necessary structural restrictions, five (5) foot maintenance access easement, and a maximum three (3) foot roof overhang easement are shown on a recorded plat which has been approved by the Planning Commission. " Since this is the first house to be constructed in this addition and the developer is in agreement, this request is not contrary to the public interest. Condition B- The lot has an irregular shape. The design of this proposed home does not allow it to be reasonably moved further to the rear of the lot without violating the rear setback. Literal enforcement of the platted 10' wide side yard would cause a hardship on the builder. Condition C- The normal minimum side yard for 1 story homes in residential x districts is 5.0'. The variance, if granted, will provide a 7.4' side yard. Granting the variance will not interfere with fire or police protection. If granted, the spirit of the ordinance will be observed and justice will be done. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES NIA PUBLIC NOTIFICATION Notices mailed to property owners: 8 . Responses in Favor: . Responses in Opposition: 50.00 22.49 3z S� JE RESIDNCES) \I FTI co 0 cil CA C3 WINCHESTER COVE �044'531) E - 45.00 0 EcR /j/ E� S� o� 6 OFT. 0 ♦ l) 1 0 z r z m 2.57FT. 25' — �i4��lanu.fa 92 IW';,TMN 91111:. ■ ■■NEMMI PLp-1p III RAIL ■!�I Mart so M ■ERLIn A 4 at IJ, ■■M � f�HllSiififii fU�,U� ��©•u rim O��J3 - vAr�fa©��L�LW r +•• �rI'%2�r mom Fo-��©QCr�j m C3;G.;Av.nrrt.�� 6 0 ,Toe - © f,-M a AMP O rn • o13 d o M VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 F,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. Separate sheets may be attached. (The applicant has the burden of proof to demonstrate that ail 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: CONDMON A. That the granting of the variance will not be contrary to the public interest. HLI 9-c-o V424WCA To Tl+#, iol-o4 13uLLZN#41v SEY l3Ace, LINL WILD. ► Or lid G L-0-59-a ti 1- 4-N fwr. GI-o'l 5&5,S 1;6�[.- vrl Mosr c.r-rY L,o -rs, "(Ells W tc.L- P"Of' 'I MP'ZpS r-Me OZ VQL 06 P¢O-r06-r6D4 bu EL-�(Aft- S 1 Pro E) r✓ -'(0" 5" P;7Acac . CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or 1 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. S t,u.c.� 04e L-o f 1.5 5 o` r. c tt.o ss X Ike t o', d' A.rv.a e-ur w& aW- c.o t wl, e." W-o?,►fp 'PL4,ZZ 4fVf �w�l s LY Ial r = �c.0 L.T. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. t Gb b� W c.DvGb4 or, APF14" 1,MArrr-, iy "i•5 wcw P.arE scygs�i� H G�k2 �r.�iWrv�N oo(k4L& t a,vs Is nvp <14g; I4R1 Os ►u 6 nl� L--o _ il4 Z, Avim b4*Mg- 1 11,M,0,W P"J0.4it ro? o�1 c,t's ,(r,4,1,5 - s w >G I HEREBY ATTEST THE CONDITIONS Applicant's signature: VL,EDGE, MY REQUEST MEETS Date: d rt . l q - q4G