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Home My WebLink About354-BADate: October 28, 1992 TO: Board of Adjustment FROM: Planning Division REQUESTED Consider an application for a variance which would allow a ACTION: property owner to extend a residence 6.6 feet into the required 25 ft. front yard building setback. Regulations of Section 30-25 B.1 (residential district). *STAFF REPORT* STAFF RECOMMENDATION FUX 354-BA Page 2 GENERAL INFORMATIGNI UBLIC UTILITIES FILE #354-BA Page 3 LIPSCOMB NORVFLL, JR. DAVID ERIC BERNSEN JERRY J. NATHAN GERALD W. RIEDMUELLER' GAIL C. JENIUNS' MICHAEL J. REVIERE RUSSELL W. HEALD2 DAVID E. GROVE DONALD FRANCIS LIGHTY PAULA, SCHEURICII JOHN H. BENCKENSTFIN (1903 -1992) BE, NCKENSTE IN, NORVE LL, BERNSEN & NATHAN ATTORNEYS AT LAW 2615 CALDER, 6TH FLOOR P.O. BOX 551 BEAUMONT. TEXAS 77704 TELEFAX (409) 833-9558 TELEPHONE (409) 833,4309 HOVSTON OFFICE ONE RIVERWAY, SUITE 100 HOUSTON, TEXAS 77056 TELEFAX (713) 871-1509 TELEPHONE (713),871-8081 October 19, 1992 Board of Adjustment City of Beaumont Planning Division, Room 210 City Hall, 801 Main Street Beaumont, Texas 77701 Gentlemen: KIRK E. MARTIN VIRGINIA P. FAWCETT FLOYD F. MeSPADDEN, JM KERRY B. McKNIGHT SCOT G. DOLLINCER ELIZA,BFTH E. BROWN3 WAYNE E. REVACK STEPHEN R. WHALEN RANDALL B. KEISER 3 GARY M. GRIER I BOARDCERTIFIED PERSONAL INJURY TItIALIAW TEXAS BOARD OF LEGAL SPECULIZATION 2 ROARI)CERTIFIED PERSONAL INJURY & CIVIL TRIAL tAW TEXAS BOARD OF LEGAL SPEC IALVATION 3 LICENSED IN TEXAS AND LOUMANA Please allow me to send this letter on behalf of my secretary, Jan Ford Blanchette, who has been associated with me for over 22 years. Jan has resided in the home located at 5575 Viking for the past 15 years. Necessary repairs must be made to the residence, in particular, the repair or replacement of the carport attached to the front of the house and a new roof. The original carport is supported only by a brick column in the center which has settled and moved over the years. The carport roof is sagging and could be a potentially dangerous situation. It is Jan's desire to enclose the area in order to give additional support to the roof and also for safety reasons so that she may enter her home through the garage area, especially if she returns to her home after dark. The lot upon which the home is situated is 67' across, and there is no room to attach a garage to either side. In order to enclose the carport area and make a new entry way, the architect's plan requires an additional 6.6 feet to extend beyond the building set back line for the addition. By enclosing the garage, the home will be safer and the improvement will visually enhance the neighborhood. Your consideration in granting a variance for the improvements will be greatly appreciated. Very truly yours, Je i y J. Nathan JJN:Jfb BEAUMON ', TEXAS (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. Separate sheets may be attached. (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 will not be contrary to the public interest in that it will not create a fire hazard or hinder traffic flow or do anything that would adversely affect the neighborhood. CONDMON 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 1 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 ordinance will result in unnecessary hardship because the carport which is now attached to the front of the house is sagging and needs to be repaired or replaced. Applicant wishes to enclose the area for safety in driving into the garage and entering the home frem inside the ,garage area. In order to park two vehicles and make an entry from inside the garage area, Applicant can only move forward past the building setback line. The narrowness of the lot makes it impossible to add a ,garage onto either side of the property and the logical place to build it is where the carport is situated at this time. CONDITION Q That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. By granting the variance, the spirit of the ordinance will be observed in that the addition will improve the appearance of the home and enhance the neighborhood and substantial justice will be done due to the improvement visually enhanceing the area and what was a potentially dangerous, unsightly carport will be transformed into a safe enclosed garage area. I HEREBY ATTEST THAT, TO _, BEST OF MY GE, MY REQUEST MEETJ THE CONDITIONS STATED ABOVE. Applicant's 11 r NSW 46.1 Exl!�7� I S-TOKY L4 t- 6. '3 Tu C�l If, 2 00 1-4 P'AM H .47 r--1 Im r13 i6 , / \ / � 1 / ^ o |� U || f ( N| | | //_�,�^—�.°m 0�M w� UA 01 F. NO. 60' DRAIN, FSMT. 67 N 15 IJTIL.ESNIT BLOCK I I LOT 7 SCALE, C-30' W - 3 LO L 0 T .7 I STORY 8 R I C K & F JRNI.�, 25' BLDG. SETBACK '18 VIKING IST, Lot 7,except Westi-3t Block 11 Tanglawood 5575 VlkIng Property owner: J.N. Ford I I* TO THE OWNERS Of THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: 1, F. E. W&LCOX, JR., 00 HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS CORRECT, AND THAT THERE ARE NO DISCREPANCIES. SHORTAGES IN AREA, ENCROACH. MENTS, OVERLAPPING OF IMPROVEMENTS, ON THE SURFACE OF THE GROUND, EXCEPT AS SHOWN HEREON, AND THAT SAID PROPERTY HAS ACCESS TO AND,.,WM A ROADWAY, EXCEPT AS SHOWN HEREON, THIS SURVEY DOES NOT COVER F . A146C900UND STRUCTURES OR OBJECTS. DATE SURVEYE0, V12 JR. Fr E. WILLCOX, JR, REG'STORAD PU$LIC SURVEYOR NIM(NER 14a* WILLCOX ENGINEERS, INC. 2262 NORTH STREET BEAUMONT, TEXAS 77701 354-BA -Request for variance. Front yard building setbacJc 1�4R�H "Ne LN Residence 5575 Viking Drive. .Tan Ford Blanchette. � vM , ✓ SCALE rro- tsar 1 200: • *s ear to 00 it E � J1J Pam' rr-i r. X s r • �.tU LM ar sc 0 p ._. N r� 00 a d — 0 i a It j'm YO 15 itr Yy a ° �A t. 4L r ,r SE RCME e,t DR s S 4 :■ it _ N so � --- .. ( � ro £�' r E� •tom !d - � "�, r � � �°* ,� ■ 2 � ;+ � � . '� ,ry ■ � t ■ �, yr r•. � 900 YRKPMIi DR_ u at' r %.` 7v.. .. ^d V 3'°. y 9�' •. 9•+ r, rt "+ a'4 a# °a ■' es Ae10 i ,�+ � � y •r ter. _ - �' Y ' � , 11 , 81 • „ r s r ee is ,M as - a%&3' GeTGdrnon o 9 u b 'V/�. -a.7�. On.Gmfnyl ,y a ,r,,. ar,# t# of No ca lof cl 0C of i � Zr • r e � ( ,fros. +. I i y w 9 " "w` ■ �t ■ °'' r .,a •,i8al/ rt'#aJ I .{ap M"f •!9 'J.� ri47jw " +rM •.p ..if! .d, er �t#JJ a0 ... ..C.`✓-":4S•.�Jl .. LAO to JyJa�.p IC a a i do _ HIs I It oa a a 1 \.,/ � P � ,r to i. AZALEA fc DIN ME 354-BA STAFF ANALYSIS Page 4 E #3s4-B • • • PUBLIC NOTIRCATION Wage 5