HomeMy WebLinkAbout369-BADATE: September 1, 1994
TO: Board of Adjustment
FROM: Planning Division
REQUESTED Consider a 2.1' variance for a proposed interior side yard
ACTION: two-story residential building setback located at 3385
Westmoreland Avenue.
*STAFF REPORT'S
STAFF RECOMMENDATION FILE 369-BA
Staff recommends approval of the variance as requested. The required
conditions have been met by the applicant.
PROJECT INFORMATION
The applicant received a building permit on February 14, 1994 from the
building official to construct an "addition to residence" at 3385
Westmoreland. The construction cost listed on the building permit
application form was $3,000.00. There was no further information shown
on the form or on the building permit.
The applicant later explained that he originally had received the permit for
a one story addition to the rear of his house but later, after starting
construction, realized that he and his family needed additional living
space, and then he requested permission to construct the two-story
addition. The applicant's existing one-story frame residence is 24' wide
and 36' deep. The proposed addition is 34.7' wide and 20' deep and is
at the rear of the home. The west side of his house lies 5.4' from the side
property line and the partially constructed addition continued that setback.
The east side of the lot has a 9.9' setback between the new construction
and the property line. The driveway is located on the east side.
City Codes require that two-story residences in a residential district be set
back from the interior side lot lines a minimum distance of 7.5' . A one-
story structure is required to maintain a minimum distance of 5.0'. The
7.5' minimum setback was adopted by City Council in 1981 within the
context of the new zoning ordinance. The original house at 3385
Westmoreland was constructed many years ago.
Exhibits are attached.
FILE 369-BA Page 2
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Darrell W. Redeaux, Sr.
PROPERTY OWNER. Darrell W. Redeaux, Sr.
LOCATION: 3385 Westmoreland Avenue
LEGAL DESCRIPTION: Lot 9, Block 9, West Oakland
Addition
EXISTI G ZONING:
RM-H (Residential Multiple Family
Dwelling -Highest Density District)
FLOOD HAZARD ZONE:
X C (Minimal)
B (Moderate)
A (100 Year)
Floodway
SIZE OF PROPERTY:
0.16 acres (50' x 140')
i
EXISTING LAND USES:
Residence
SURROUNDING USES:
SURROUNDING ZONING:
NORTH: Residence
RM-H (Residential Multiple Family Dwelling -Highest
Density District)
EAST: Residence
RM-H
SOUTH: Vacant lot
RM-H
WEST: Residence
RM-H
COMPREHENSIVE PLAN:
Conservation and Revitalization
OTHER PHYSICAL
FEATURES:
None
STREETS.
Westmoreland Avenue, a residential
street with a 60' wide right-of-way
and a 20' wide asphalt pavement.
FILE 369-BA Pago 3
GENERAL INFORMATION/PUBLIC UTILITIES continued
DRAINAGE: Open ditches, culverts.
WATER: There is a 6" water line in the street
right-of-way.
SANITARY SEWER A 6" sanitary sewer line is in the
SERVICE: alley.
FIRE PROTECTION: Fire protection is provided by Station
#10, 3855 Washington Boulevard.
ADEQUACY
OF SERVICE: Services and utilities are adequate.
PILE 369-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.
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 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 area is now under a city and neighborhood study as part of
the "West Oakland and Pear Orchard Community Re -development
Plan". The properties in the immediate and general vicinity of the
applicant's lot have been in transition for several years and the
physical condition of the homes in the area range in condition from
fair to poor. The Comprehensive Plan shows this as an area of
Conservation and Revitalization. Mr. Redeaux wishes to stay in
the area but needs to enlarge his house to accommodate he and his
wife and four growing children - two boys and two girls. He feels
that the only way that he can enlarge the house in a prudent and
practical way is to add a second story. The existing 5.4' setback
would be continued on the west side and a 9.9' setback would be
the result on the east side.
Most of the homes in this block are frame houses and many are in
great need of repair. The applicant wants to enlarge and improve
his house and stay in the neighborhood. His request is in the
public's interest.
FILE 369-BA
ANALYSIS continued
Page 5
Condition B. The hardship of literal enforcement is a physical one. Mr.
Redeaux has already constructed much of the first floor and the
foundation is set back 5.4' in alignment with the existing house.
Removing the new construction and moving the structures back to
7.5' would create financial hardship for Mr. Redeaux.
Condition C. The spirit of the zoning ordinance will be maintained by granting
this variance. Justice will be done to the applicant and the
neighborhood will be improved. The proposed variance would not
create a fire hazard.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
N/A
PUBLIC NOTIFICATION
Notices mailed to property owners: 25
Responses in Favor: . Responses in Opposition:
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A. Public interest is being observed because this addition will help
j beautify our neighborhood. The interest of the public should be
aroused to what it cast to make such an addition to one's own -home.
The interest of the public might be aroused as a landmark for at-
tracting other young potential.couples to moving into this old
neighborhood which was established in the forties but started to
deteriorate during the eighties. Eisen though the seven and, a half
feet new law won't be met that we were unaware of, still the old
five.*(5) foot law will be met. Plus the public interest will be
better met knowing that we have more liability insurance on our
property. So with all due considerations the public'interest is'
well taken.
B. The literal enforcement of this ordinance wkll cause unnecessary,
hardship because of the block or rectangular shape of tie property
will cause a hiding place for a would be buxcjul.ar to my .property
and my eighty-two year old neighbor, if .r cut -two anti a hak1f ,Feet
of my addition off that would add a space large enough fq s.o:Me_
one to hide. It shall highly unusual for any 7ovexniAq. body..to
instruct someone constructing something that will. be harmful: to
their welfare, and the welfare of someone else,.., Because of.my
experieAce with the amount of area that will be remaining we -Ill
have just enough land for a place for a home.busness in back. with
a little play area for our. kids., ' Our ci:t"y is present3,y .promoting
small businesses especially- new businesses.
C. Granting this variance will not only observe. the. spixkt- o� ,this
ordinance but will do justice to me and my fami:y bin allowing us
to continue to make room to accomodate our extraordinary large
family of two boys and two girls. By allowing us -to continue you
will help us, my wife and me, to provide a. bedroom.fpr our kids
and a den and dining area combination,.' The boys will have a: room,
the girls will have a room and we all will be able tosit in one
room and enjoy our meals. Our kitchen already has the usual app-
liances plus a washer and dryer along with a lawn mower, This
is a crammed room. So thank you for your consideration..
I20' ALLFY (OPEN)
N i F.1.R• 50.0' F.Q.R.
LOT B LOT 9 LOT 10
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SCALE
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- WESTMORELAND AVE.
SURVEY OF
LOT 9, BLOCK 9
WEST OAKLAND A DD!T!ONI
3385 WESTMORELAND AVENUE
BEAUMONT, JEFFERSON COUNTY, TEXAS
�tiof Beaunqont
Date `4 rl
II Application is hereby made to the B
I st
BUILDING CODES
Denied
of the Cry of Beaumont for a permit to:
801 MAIN
880-3762
FAX 880-3110
P.O. BOX 3827
BEAUMONT, TEXAS 77704
If no recorded map or plat, metes and bounds description shall be attached and be in conformance with P rovisions of all
ordinances of the City of Beaumont and laws of the States of Texas, whether specified herein or not, and in accordance with
Plot Plan which must be drawn to scale. «It must show: (1) the actual shape and dimensions of the lot to be built upon; (2)
the street or streets adjoining the lot; (3) the exact site and location on the lot of presently existing structures, if any; and (4)
the exact size and location on the lot of the proposed structure.
`This application is to be accompanied by four (4) plot plans and two (2) complete sets of contruction plans.
L
Owner of Land: 01
Plans Prepared by:
Architect or Engineer:
Address:
Address:
Address:
Contractor: Cont# Address:
Additional Information
Living Area Garage & Storage Porch & Patio
Comments:
Phone:
Phone:
Phone:
Phone:
I certify that the information contained in the above application is true and correct, and hereby state that if a permit is issued,
all the provisions of the City Ordinances and State Laws will be complied with. I am the owner of the above property or his
July authorized agent.
Signed
A.
19
construction Cost:' bin Permit Number:
'ermit Fee �, {gyp
Driveway
'Ian Checking Fee Bond Deposit
)ouble Fee
Total Permit Fees