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Home My WebLink AboutPZ2021-58DATE: April 1, 2021. TO: Board of Adjustment FROM: Demi Laney, Senior Planner SUBJECT: To consider a request for a Variance to the required minimum side yard setback for an accessory structure in R-S (Residential Single -Family) zoning, to be reduced form 2'6" to 8". FILL: PZ2021-58 STAFF REPORT Jose Martinez is requesting a variance for the property located at 3015 Blackmon Ln. The property is zoned Residential Single-Fainily (R-S) and therefore requires a 2'6" setback on the side property line for an accessory structure. The applicant is requesting a variance to the side yard setback to be reduced from 2'6" to 8" for their accessory structure. The original submitted site plan was approved for the accessory structure to be located 5' away from the side property line. However, the contractor that installed the building did not follow the approved plans and zero inspections were called in to inspect the building placement prior to securing it to a permanent foundation. The applicant has inquired to move the accessory structure to rnect the approved setbacks from their contractor; however, it will cost $15,979.24 to do so. Please see contract bid in your packets. Additionally, the accessory structure is located within a 5' utility casement. If the variance were granted, the applicant would then apply for a license to encroach from the Engineering Department. The applicant sliall have the burden of proof to demonstrate that all three conditions necessary for approval have been ma A) That the granting of the variance will not be contrary to the public interest; 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 hardship physical condition unique to the specific piece of property in p , 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 actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done, Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 28 Responses in Favor Responses in Opposition LEGAL DESCRIPTION Being Lot 14, Block 17 out of the Minglewood Addition, Beamnont, Jefferson County, Texas, containing 0.344 acres, more or less. GENERAL INFORMATION/PUBIAC UTILITIES APPLICANT: Jose: Martinez PROPERTY OWNER: Flordeliz Martinez LOCATION: 3015 Blackmon Ln EXISTING ZONING: R-S (Residential -Single Family Dwelling) PROPERTY SIZE: —0.344 acres more or less EXISTING LAND, USES. Residential FLOOD HAZARD ZONE: X Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential -Single Family Dwelling) EAST: Residential R-S SOU rm Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: Stable Area STREETS: Blackmon Ln - Local street with a 60'right-of-way and 29' pavement width. Willowood Dr --- Local street with a 60' right-of-way and 28'pavernent width. DRAINAGE: Curb and Gutter WATER: 2" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' WHITEHEAD TAMI WALTON CARLANN SHELANDER SCOTT F J'OYCE GLADYS M MONDRAGON MIIRIAM C & FRANCISCO JR SAPP LAWRENCE TORRES JASMIN GARCIA ETAL (CD) FOUTZ PAMELA J HUNTER RYAN DAMON ZAVALA OCTAVIO MOSQUEDA ESPINOZA IGN'ACIO JAIMES SIKES RUBIN DAVID CASEY MARY IE VSP HOME SOLUTIONS LLC GUILLEN RIGOBERTO TORRES & MARTINEZ FLORDELIZ MOSQUEDA JOSE L BARRY ROLLINS & Al -LOAN MOORE PAULA K SIMMONS JEFFREY GORDON MORALES MICHAEL & NATALIA R SELLS LAWRENCE ESTATE JAIMES MIGUEL A JAIMES IGNACIO HOLTON GLORIA HOLLAND RAMSON H III & LUCILLE QU'INCY DAVID HAMDAN REBHI Z_ Case Type:Planning and Zoning Case SUb Type: Variance Case #: PZ2021-58 Location: 3015 �BLACKMON LN, BEAUMONT, 77703 Individuals listed on the record. App cant Jose Martinez 3015 blackinion In beaumont, TX 77703 Variance Request Case Status. REVIEW Tag Name: variwice to reduce the side setback for an accessory structure from 2'6" to G"_ Initiated On: 3/412021 2:06:28PM III 156MIM1111:111"M Wbi-k Phone. - Cell Phonei 4093634214 To consider a request for a Variance to the required minimum side yard setback for an accessory structure in R-S (Residential Single -Family) zoning, to be reduced from 2'6" to 8". Legal Descriptio MINGLEWOOD L14 B17 VARIANCE APPLICATION FORM 8GAUK8C}NT'TE#AS The Board of Adjustment has the power to grant variances where the foi|owinglisted conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden ofproof tmdemonstrate that all three ofthe conditions necessary for a variance have been met). Except amotherwise prohibited, the Board bempowered toauthorize mvariance from arequirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting ofthe variance will not becontrary 10the public interest. Comment: It will not hinder the public interest. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because ofexceptional narrowness, shallowness, shape topography orother extraordinary orexceptional physical situation or physical condition uniique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from ahardship relating to convenience, financial considerations or caprice, and the hardship must not resu|tfrom the applicant orowner's own actions. Comment: The structure was placed too close tothe property line and we need toobtain a variance to resolve this, CONDITION C: That bwgranting the variance, the spirit ofthe ordinance will beobserved and Comment: No injustice will be done in the spirit of the ordinance. V C er, J 1. NOTHING IN THIS SURVEY IS INT040ED To EXPRESS AN OPINION REGARDING OWNERSHIP OR TIT-E. 2, THE WORD CERTIFY 15 UNDERSTOO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT By THE SURVEYOR, WHICH IS BASED ON NS BEST KNO*FOWDE.TINFORMAnON AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED By THE TOM BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NOTHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMFUED. 3. ALL SET 5/8" IRON RODS SET WITH A CAP STAMPED "M.W. WHITELEY 6: ASSOMTES"- WILLOWOOI D LANE END. GONG, `on MON' (CALL Sl�Nv1 20.00.) W/BRASS.I END S89'49*54"W 120.04' r rpil 0 CALCULATED CORNER L F140 1/2" CALO I ROD C M THIS SURVEY WAS PERFORMED WTTHGUT BENEFIT OF CURRENT TITLE COMMUMENr. BOUNDARY AND IMPROVEMENT suRvEy ONLY, EASEMENTS, IF ANY, NOT HESSEARCHED OR vo,AN, WITH THE EXCEPTION CA OF THOSE PLATTED. END 1/2' I. PIPE LEGEND o POWER POLE GUY ANCHOR COPY woo�D FENCE 1-0 —OAF CHAIN LINK FENCE c> R WELDED WIRE FEN( am— OVERHEAD ELFCTRl p; GRAVEL vo BRICK CONCRETE Z CALCULATED CORNER UNABLE TO FIND OR (CALL S89-53-CO-W 120.00') FND S89'49'54"IN 120.W SET CORNER DUE TO FENCE POST CHAIN LINK FENCE POST ------ BEARS SOI'54'46W 0.18' ACK"" S' SIDE SETBACK VOL 655, PG. 601 & 677, PG, 442 nRjC y 0? 01 01 PER PLAT VOL 655. PG. 601 DRJO FND N89-45'28"E 100.3W (CALL. H89'53'00-E 100.00') END N84'4528E 12044' (CALL N8915YO0rE 120.00') PROTRUOR-Nma-, BLACKMON, LANE (DMETAL SHOP ON PIERS PROTRUDES FROM 4.09' TO 4.34' ONTO A 5' UTILITY EASEMENT..(60' ROW) TO THE OWNERS OF THE PREVASES SURVEYED AS OF THE DATE OF THE SURVEY: 1, THOPAS S 1iaaYE 00 HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF ME GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOU140 AT THE TIME OF THE SURVEY. DATE SURVEYED; FEBRUARY 10. 5UTILUY EASEMENT VOL M, PG. 601 .61, D= (1) - q METAL SHOP ON PIERS ;J O --q.66- z X0 N'b END 5/8' 1. ROD 3015 BLACKMON LANE BEAUMONT, TEXAS 77703 Lot Number Fourteen (14). Black Number Seventeen (17), 11111= ADDITION to the Oty of Beaumont, Jefferson Taxes, according to the mop or plot of said addition of record in VoTume 7. Page 70, Map Records. Jtl`f0fs0n County,, Texas owner. flar Martinez Census: 5.00 In accordance mirth the Flood Hozord Boundary Mop. Department of Housing and Urban Development Community No,: 485457 Panel No.: 0035 C Date of FIRM: 08-06-02 This Property fies, In Zone 'X* (Wh4c). Location on map determined by stole on mop. Actual field elevation not determined. Mark WrItcley & Associates does not warrant nor subscribe to the occuracy or scale of said maps. Zone 'X' (white) are areas determined to be outside 500-year flood plain. ID 201 0,* armory a AkU4 LLC VW 04 .11M 3/512021 Mail - Derni Laney - Outlook **EXTERNAL** 3015 Blackmon In Beaumont Tx 77703 Jose a martinez <joseamrt@icloud.com> Thu 3/4/2021 9:26 PM To: Denii Laney < Deini.Laney@beaunnonttexas.gov> As you can see in my Receipt I already pay a, lot of money for trying to have a better house. I probably not going to have any Refund from Mallet building Countractor I call this afternoon and they don't wants me to give me anything, And I still own more money as you can see. This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - please click the Phish Alert button in your email to report it.. llttps;lloutlook.office.com/i-nail/inbox/id/AAQkADVIiYTVkOD13LTNkY2UtNDkyMS040WQzLWIwZTk3ZjgyNGJiYwAQAJGl9YOr4ntCjE20krIURsE�/�3D 1/4 3/5120211 Mail - Derni Laney - OuUook https:lloutlook.office.com/mail/inbox/id/AAQkADVIiYTVkOD13LTNkY2UtNDkyMS040WQzLWlwZTk3ZjgyNGJiYwAQAJGi9Yor4ntCjE20krIURS,E`/*3D 214 315/2021 Mail - Derni Laney - Outlook https:lloutlook.office.com/mail/inbox/id/AAQkADVhYTVkOD13LTNkY2UtNDkyMS040WQzLWIwZTk3ZjgyNGJiYwAQAJGi9YOr4ntqE20krIURsE%3D 3/4 315/2021 Mail! - Derni Laney - Outlook Sent from my Whone https:lloutlook,office.com/maillinbox/ld/AAQkADVhYTVkOD13LTNkY2UtNDkyMS040WQzLWIwZTk3ZjgyNGJiYwAQAJG19YOr4ntqE20krIURsE�/�3D 414 File PZ2021-58: To consider a request for a Variance to the required minimum side N and setback for an accessory structure in R-S (Residential Single -Family) zoning, to be reduced from 2'6" to 8". 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