HomeMy WebLinkAbout364-BADATE: February 3, 1994
TO: Board of Adjustment
FROM: Planning Division
REQUESTED Consider an application for a special exception to vary
ACTION: the exterior side yard requirement on a corner lot at
3340 Elinor.
*STAFF REPORT*
STAFF RECOMMENDATION
FILE 364-BA
Staff recommends approval of the special exception. The property is
a corner lot. The request, if approved, will not result in an adverse
affect to the neighborhood and the exception will be in the best
interest of the public.
PROJECT INFORMATION
The applicant, John Casmore, Jr., wishes to rebuild his mother's home
at 3340 Elinor. The one-story residence was severely damaged by a
fire on December 24, 1993. The original home was constructed before
the setback regulations were amended to require 10' to 15' setbacks for
the exterior side yards of corner lots for residential structures.
Mr. Casmore wants to rebuild the house with 5' setbacks for the
interior and exterior side yards. The present setbacks are 5' on the
corner side and 28 inches on the inside line.
Relief from Section 30-25 B.1 is allowed under Special Exceptions
Section 30-37 (e) 2. b. (2), Zoning Ordinance.
Exhibits are attached.
FILE 364-BA
GENERAL INFORMATION/PUBLIC i ]TiT i r1 S
Page 2
APPLICANT: John "Johnny" Casmore, Jr.
PROPERTY OWNER: Evelyn Casmore
STATUS OF _ Owner _ Prospective Buyer
APPLICANT: Tenant X Other (son)
LOCATION: 3340 Elinor at S. Eighth Street.
LEGAL DESCRIPTION: Lot 4, Block 2, Lucky Five
Addition.
EXISTING ZONING: RS (Residential Single Family
Dwelling)
FLOOD HAZARD ZONE: X C (Minimal)
B (Moderate)
A (100 Year)
Floodway
SIZE OF PROPERTY: 0.159 acres.
EXISTING LAND USES: Residential (damaged by fire)
SURROUNDING USES: SURROUNDING ZONING:
NORTH: Residence RM-H(Residential Multiple FamilyDwelling-Highest
Density District)
EAST: Residence RS (Residential Single Family Dwelling)
SOUTH: Residence RS
WEST: Residence RS
COMPREHENSIVE PLAN: Conservation and Revitalization.
OTHER PHYSICAL The house was severely damaged
FEATURES: by a fire on December 24, 1993.
FILE 364-BA
GENERAL D MORMATIONJPUBLIC UTILITIES continued.
Page 3
STREETS: Elinor is a 60' residential street right-of-
way with a concrete curb and gutter
pavement. South Eighth is a 60'
residential right-of-way with an 18' wide
asphalt pavement and open ditches.
DRAINAGE: There are open ditches on South Eighth
Street and a storm sewer in Elinor.
WATER: 2" line in South Eighth Street; 2" line in
Elinor.
SANITARY SEWER 8" line in South Eighth Street; 6" in the
SERVICE: easement at rear of lots.
FIRE PROTECTION: Fire protection is provided by Station #10,
3855 Washington Boulevard.
ADEQUACY
OF SERVICE: Services are adequate.
CONDITIONS OF APPROVAL FOR SPECIAL EXCEPTIONS
Special Exceptions may be granted in the following situations:
a) To reconstruct, extend or enlarge a building occupied by a
nonconforming use on the lot or tract occupied by such building,
provided that the reconstruction, extension, or enlargement does
not prevent the return of the property to a conforming use.
b) To deviate yard requirements in the following circumstances:
1) An exception from the front yard requirements where
the actual front yard setback of an abutting lot does not
meet the front yard requirement or a rear yard exception
where the actual rear yard setback of any four (4) or
more lots in the same block do not meet the rear yard
requirements of these regulations.
FILE 364-BA Page 4
* 2) A yard exception on corner lots.
3) An exception where the existing front yard setbacks of
the various lots in the same block are not uniform, so
that any one of the existing front yard setbacks shall, for
a building hereafter constructed or extended, be the
required minimum front yard depth.
4) An exception from the minimum front yard requirements
for owner identification signs where a structure existing
at the effective date of this Chapter precludes locating a
sign in compliance with the setback regulation.
5) An exception from a minimum interior side yard setback
requirement for owner identification signs for existing
businesses which were developed prior to April 1, 1981,
where there is no safe place to erect a sign in
compliance with the minimum setback requirements. A
condition for granting of the exception is that the
applicant must demonstrate that the sign shall not screen
or obstruct the view of an existing sign, building, or
outdoor display area.
6) An exception from the minimum side yard setback
requirement where a non -conforming building was in
existence at the time of the passage of this ordinance.
c) To waive or reduce off-street parking and loading requirements
when the Board finds the same are unnecessary for the
proposed use of the building of structure for which the special
exception request applies.
In granting a Special Exception, the Board of Adjustment must make
the following findings:
* 1) The Special Exception will not adversely affect the value and
use of adjacent or neighboring property.
* 2) The Special Exception will not be contrary to the best public
interest.
FILE 364 BA
ANALYSIS
Page 5
Special exceptions to deviate the yard requirements may be granted for
a corner lot. The subject property is a corner lot at the northeast
corner of Elinor Street and South Eighth Street.
In granting the exception the board must find that the exception will
not adversely affect the value and use of adjacent or neighboring
property. The special exception cannot be contrary to the best public
interest.
Staff is of the opinion that rebuilding the house as a one-story structure
fronting south on the concrete curb and gutter Elinor will enhance the
value of the neighborhood.
The house and other homes in this block of Elinor face onto this
street. Homes to the north face Euclid. No homes face onto South
Eighth Street. South Eighth is asphalt and has open drainage ditches.
There are no vacant lots abutting the lot and the owner's age precludes
a more narrow, two-story home. The five foot (5') setback from the
exterior side lot line will not obstruct driver's views. The applicant also
plans to move the structure off the inside side lot line from the present
28" to 5'.
This request, if granted, is in the best interests of the public. This is
an older residential neighborhood and rebuilding the home will be a
positive method to improve this "Conservation and Revitalization" area.
PUBLIC NOTIFICATION
Notices mailed to property owners: 28 .
Responses in Favor: . Responses in Opposition:
Planning Commission
January 18, 1994
cc: Steve Richardson
I recently had conversation with Mr. Duren, senior planner, about getting a waiver to
utilize 40 feet of a 50 foot wide corner lot. My Mother's house, located at 3340 Elinor
Street, was involved in a fire on December 24, 1993. This building was grandfathered under
the old ruling, therefore, there was no problem with having a forty foot front. I would like to
rebuild a house with approximately 1500 sq. ft. of living area. I would be hampered
considerably by having to build a house with a 35 foot front. All of the houses are facing
Elinor Street. I would have to change the complection of the neighborhood by fronting the
house on South 8th Street. Elinor Street is curbed, while So. 8th Street has open ditches. I
don't have the option of a multi -story house because of my Mother's physical condition at
75 years old. The lots adjacent to my Mother's property are both occupied, therefore, I don't
have the luxury of purchasing additional property. I ask that you give this request your utmost
consideration, and allow us to build five feet off of both side property lines, allowing a front
of forty feet. There is no problem with adhering to the guidelines regarding the front building
line.
T k You.
John y Casmore
842 141
3320 Del Place
Beaumont, Texas
36 4- 6A
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File 364-BA: Request for a Special Exception for a corner NORTH
lot (exterior set back). . Eq
Location: 3340 Elinor at S. Eighth Street.
Applicant: John Casmore for Evelyn Casmore. SCALE
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