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HomeMy WebLinkAbout361-BADATE: November 4,1993 TO: Board of Adjustment FROM: Planning Division REQUESTED Consider an application for a variance from the ACTION: regulations of Section 30-25 B.1. regarding an interior side yard building setback for a proposed second story addition to a residence at 2471 Long Avenue. A variance may be granted under Section 30-37 (e) 3. *STAFF REPORT* FILE 361-BA Staff recommends denial of the variance because the applicant has failed to demonstrate that Conditions A, B and C necessary for a variance have been met. M Applicants and property owners Darryn & Dawn Tollefson of 2471 Long Avenue, purchased an existing 1-1/2 story frame residence which has an attached garage. The attached garage lies 2.8 feet east of the side property line. The applicants wish to build a second story on top of the garage. The required setback for one story is 5' and 7-1/2' for a second story. This lot lies within the Oaks Historic, District. On October 11, 1993, the Historic Landmark Commission granted conditional approval of a "Certificate of Appropriateness" for the proposed home addition, subject to a variance being granted by the Board of Adjustment. Exhibits are attached. FILE 361-BA APPLICANT: flama"KSIVAN STATUS OF APPLICANT: Darryn & Dawn Tollefson Darryn & Dawn Tollefson X Owner Prospective Buyer Tenant Other LEGAL DESCRIPTION: EXISTING ZONING: EXISTING LAND USES: SURROUNDING USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST. Residential COMPREHENSIVE PLAN: Page 2 2471 Long Avenue. Lot 8 and the east half of Lot 9, Block 32, Averill Addition. RS(Residential Single Family Dwelling District) X C (Minimal) B (Moderate) A (100 Year) Floodway 0.258 acres. Residential RS (Residential Single Family Dwelling District) RS RS RS Stable area. OTHER PHYSICAL The property lies within the Oaks FEATURES: Historic District where property alterations and additions are strictly regulated according to a new set of ordinances passed by City Council Last summer. FILE 361-BA Page 3 GENERAL INFORMATION/PUBLIC UTILITIES continued. STREETS: Long Avenue, a residential 60'wide street right-of-way with a 30' pavement and curbs. DRAINAGE: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: There is a 36" storm sewer in the Long Avenue right-of-way. There is an 8" water main within the Long Avenue right-of-way. There is a 36" sanitary sewer line in the street right-of-way. Fire protection is provided by Station #7, 1700 McFaddin. Services are adequate. REQUIREMENTS FOR A VARIANCE 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. FILE 361-BA ANALYSIS Page 4 Condition A: The garage now attached to the house lies only 2.8 feet from the neighboring property. The code required setback for a one story residential structure is 5 feet. The applicant wishes to build a second story on top of the garage leaving only the 2.8 foot setback. However, a 2-story residence is required to provide a rninimurn of 7.5 feet of yard along an interior lot line. The applicant states that his garage is "rotted out around the base" and is structurally unsound. The remedy to this situation is to repair or rebuild the garage, not add a second story with a non -conforming setback. The garage of the abutting property owner lies on the common side lot line. If the variance is granted, the proposed 2-story, addition would lie only 2.8 feet from the neighbor's garage. Granting this variance would be contrary to the public interest. Condition B: The applicant purchased this 1-1/2 story house with the attached garage as is. The 75' X 150' tract is not unusual in this neighborhood. The tract is not exceptionally narrow, shallow, of unusual shape or burdened by uneven topography. The applicant's hardship - if any - is related to financial considerations and convenience. This professed hardship is a result of the applicant's own actions. The applicant has not demonstrated an unnecessary hardship. He has not met the requirements of Condition B. Condition C: Required yards, open spaces and building setbacks provide for the physical separation of buildings to prevent the spread of fire. Yards also allow light and air to enter and circulate around residential properties. The proposed addition should provide a 7.5' minimum setback where only 2.8' is offered. The granting of this variance would not be in the spirit of the zoning ordinance relating to building setbacks in a residential district, historic or otherwise. PUBLIC NOTIFICATION Notices mailed to property owners: 20 . Responses in Favor: Responses in Opposition: DARRYT4TTOLLEFSON AND DAM T,M (EESO � � � � � Gf, NO] , 92'96'© N .. wow aw_ -- FOUND i/°�' a 2OP ABANDONED ALLEY FOUND 5/0' IRON ROD, RESERVED FOR UTILITIES IRONROD 3+G! -94 °J.CdIa VIOL 954. PO. 5 J,C.D.R. 4 25.00 fl POOL OVERHEAD ELEC. Ir HOT TUB •.•` OTV'O MIDDD bECT( WOOD FENCE ,`. tR.CNp GARAGE (POOL EQUIP{t �'y�� Ate^ A-- II ! 27.50 y_ly+o C.O C. x BASKETBALL GOAL 4 t1r 0� k20 ta.tD 1 1/2 STORY WOOL? '9 �: _•3 o FRAME RESIDENCE � �:' _ �+L" ���,J ON PIERS o �� R `! SCALE: 1' - 20' EOT 7 LOT 8 0ONC: WALK a A , O ONC. DRIVE _O 9, � .� CdT.CREFE DRJo'E a . ENCROACHES a Pup FOUND g J 75.00 TiJ FO3/& CPON 2471 LONG AVENUE . (60' R.O.'W.) DESCRIPTION OF SERVICES REQUEstm: LOCATE (CORNERS AND SHOW IMPROVEMENra SURVEYOWS CERTTFlCATIOI: TO THE LU*WLDM AND/OR THE OWNERS OF THE PREMISES SURMED AND TO STEWART TITLE GUARMTY OWPANY. THE UNDERSIGNED DOES HERE&Y CEI"IFF THAT THIS SURVEY WAS THIS DAY MADE, ON 'WE GROUNiRD OF THE PROPERTY LEGALLY DESSM HEREON AND IS CORRECT,AND THAT TFM ARE MD DL ANCt6s. DONTTdM SHORTAGES IN ATTEk BOIJIDARY LENS CCHFT.IDTS, ENOTOA011MO TS• OVO4APPM OF IMPROV09NTS. EASEMENTS CtR RIOOT'—OF—WAYS, EXCEta•T AS SHCwN HEREON AND THAT SAID PROPERTY HAS ACC TD AND FROM A DEDICATED ROADWAY THE A " It tTt4Ct ""NO L=Tm AT - .. AHD BETNa DESYTRIOED As LOT 8 AND THE EAST 1 /2 OF LOT 9 OF Q1 {N'.K 32. AND THE ADJOINING NORTH 1 f 2 OF THE AS RET ORDER IN VOLUME 1- -. -. -.--. PAM 131-132DF TTIE MAP RECORDS OF�' so ODUHTY, ium. BONED ALLEY, AVERS 1T1D IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP, FETLH. EJNERDETTCY MANAGEMENT AGENCY.rX7kA1UHITY—PANEi NCO. 5 DATED. THIS PROPERTY LIES IN THE zoNt NOTED. LOCATION ON MAP DEIERINED By SCALE. ACTUAL FIELD ELEVATION NOT DEdERMINED. UW= REQUESTED. FTTT•i & vvwAN, INC. DOES NOT WARRANT NOR SUBSCRIBE To THE AmmACd OR SCALE OF SAID MAP. FLOOD ZONE (F.E.M.A.) CEN a TRACT 11 REWSION DATE S DATE', 5-20-9Z FlTTZ & SHIPMAN BO111 NO.: a CONSULTING ENGIMRS & LLhND SUR�1]RS JOB NO.: 93720 -052 440 18th STREET, SUITE A OEAUMONT. TEXAS 409 832-7238 FAX 409 832-7303 FILE 361—BA October 18, 1993 To; The Board of Adjustment Re: 247 1 Long Ave. We are applying for a variance from the ordinance which states that a two story structure must be located 7 and 1/2 feet from the property line. Attached are (1) our application form, (2) $200 processing fee, (3) drawings which show our proposed addition, and (4) a plot plan showing our home's relative location to our neighbors. We moved into this home in June of this year, and we quickly learned that the garage structure was almost completely rotted around the base. Our original intent was to repair this damage, but we were advised by several contractors that to do it right we would have to replace it. This home is ideal for us in many ways, with the exception of the condition of the garage/utility room, and the limited master bedroom space (specifically closet and bathroom), We have discussed (with each other and with contractors) many options for remedying the limited space in the master bedroom, but the only option which seems reasonable to us is to build another master bedroom, and the most logical place is above the garage since we have to rebuild it anyway. The new bedroom will be tied into the existing house via a hallway through one of the existing upstairs; bedrooms. It will not be a garage apartment. The only other access to this bedroom will be from the downstairs utility room via a staircase. I will be at the Board meeting on Nov 5 to discuss my proposall further with you. Darryn Tollefson FILE 361—BA Condition K That the granting of the variance will not be contrary to the public interest. We we seeking to replace our existing garage, which is almost completely rotted out wound the base and therefore structurally unsound, with a new garage. The new garage will have living quarters above it which will be tied into the rest of the house via a hallway in the existing upstairs of the house, These living quarters will be designed to be used as a master bedroom, The ordinance states that a two story structure must be located at least 7 and 1/2 feet from the property line. Our cut -rent gal -age is 2 and 1/2 feet, and in order to rebuild as we would like to, we need to obtain this variance. In order for our proposal to be contraryto public interest, it would have to be (1) Unsafe, or (2) Designed in such a way as to diminish the property value of other homeowners in the neighborhood. With regard to safety, our addition will in no way hinder any traffic or prevent access to our property or our neighbor`s. The design of the addition is in keeping with the original design. We will use the same exterior surfaces which are currently on the house, and the addition will be painted the same color as the house. The fact that it is a two story structure will not obstruct our neighbors view since their driveway sits between our garage and their house. Condition B: That literal enforcement of the ordinance will result in unnecessary hadrship, 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. We have attached a diagram which shows how our house and garage sit on our property. As you can see, there is nowhere else to rebuild the garage other than where it currently sits. Given that fact, we are asking to be able to add the master bedroom over the garage in order to increase the living area in the home. Our primary reason for adding a master bedroom is to more easily accomodate a future family. In iVs current condition, we do not feel the home has adequate living quarters (specifically closet and bathroom space in the master bedroom), and our plans are meant to remedy this in such a way that the addition is consistent with the existing design to the greatest degree possible. Condition C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. We feet the spirit of this ordinance is to maintain the 'historic' quality of this neighborhood as well as insure that structures do not present a safety hazard to occupants or neighbors, In doing go, property values in this area will be enhanced. As we have previously stated, our proposed addition will be designed to be consistent with the existing home in style and color, and will present no safety concerns to us or our neighbors. It will be located no closer to our property line than our existing garage is now. Therefore, we feet that granting the variance will preserve the spirit of the ordinance. A 015 NIHOHN.M.Mi 11- "ill's 44 13 9 W pq FILE 361-BA: Request for a variance. An interior side yard building setback or yard requirements for a two story structure in a RS zone. Location: 2471 Long Avenue Applicant: Uarryn and Hawn Toil.efson h I + r r' r n rr rr ro rrs N ASHLEy' l 4)IVc LONG J99 !O j is AP NORTH r BCALE 1/200 I Mu It Ar Ar /r Ar M ry aw Ar Ar ry yy ! I i .1 _ M P yr, p rr rr rs �e Ar � � r • �" �K 'All n Alll � A! 'rYll yr �: i r r