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HomeMy WebLinkAbout324-BA6 " STAFF . REPORT324-Bh DATE: June 18, 1987 TO: OF tW1-4SnTJ2ftT FROM: Planning Division/Community Development Departmel REQUESTED ACTION:, Request for a special exception at 1327 Victoria Street from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement of the Zoning Ordinance. The staff recommends approval of the special exception to reduce the required front yard setback from 25-ft. to 10-ft. for the following reasons: the special exception will comply with condition 30-37E.2. (b)(1) of the Zoning Ordinance which allows the front yard setback to be reduced where the actual front yard setback of an abutting lot does not meet the front yard requirement; the special exception will not adversely affect the value and use of the adjacent or neighboring property; and, the special exception will not be contrary to the best public interest. d Mr. Hollinhead awns and, lives in the house at 1327 Victoria St. The State of Texas has purchased the rear half of his residential lot (approx. 501 x 841) for the extension of Spur 380 ( M. L. King, Jr. Parkway). Applicant wishes to remain in the residence but must move his house five (5) feet forward on his lot so as to vacate the new street ROW. The RBI-H zone* requires a minimum front yard, setback of 25-ft. The existing setback is 15-ft. Moving the house 5-ft. forward will create a front yard, with a Setback of 10-ft. .Applicant's letter is attached.. June 9, 1987 Board of Adjustment City of Beaumont P. 0. Box 38,27 Beaumont, TX 77704 ROMM $ =Z MWIT-M The State of Texas is purchasing a portion of my property for the right of way for Spur 380/Martin Luther King, Jr. Parkway. The right of way line cuts through my residence at an angle. I desire to retain the structure and move it forward five feet to clear the, right of way. Since all of the houses on this block are located less than the twenty-five foot building set back, it will not adversely affect the, value and use of adjacent or neighboring properties nor will it be contrary to the public interest. My house is an asset to the neighborhood and by moving the residence forward the residential character of the neighborhood would be re- tained. If I am not allowed to move the residence, it would either be demolished or moved to another lot, The property will be better maintained if occupied than if it were a vacant lot. I would like to purchase the remainder of the lot to the north of me to incorporate into my lot. Enclosed is my check in the amount of $125.00 for the processing fee. I would appreciate the Board's granting the Special Exception so that I may retain my home. Sincerely, Darel H. Hollinhead Enclosure N 4:3 5 91 to w 10 13 5V1 00004*1 S1.86, NMI" CITY ORDINANCE rA 501 Ell 300.0, . —10LI-SE PIVE (S-1 cp�24,9 ep2sl ff 0 N �,Rop wi �49 rtw ell ""s 4!?419 2151 L f4 41 VOL. -7 2_3 PAGE 5 0' 50o C71 CASE # 324-BA APPLICANT: Darel H. Hollinhead PROPERTY OWNER: Same STATUS OF APPLICANT: X OWNER PROSPECTIVE BUYER TENANT OTHER LOCATION: 1327 Victoria LEGAL DESCRIPTION: Lot 11 Block 5 Blanchette 2nd Save and except that portion sold to State of Texas for ST. ROW EXISTING ZONING: RM-H FLOOD HAZARD ZONE X C (MUMML) B (MOD ) A (100 YEAR) FLOODWAY SIZE OF PROPERTY: 0.17 ACRES (±) EXISTING LAND USES: Residence SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H and GC -MD EAST: Residential (Future ROW) GC -MD SOUTH: Residential RN-H WEST: Residential RM-H IVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: Spur 380 (M. L. King, Jr. Pkwy.) will take the rear parts of the lots facing the east side of the 1300 Block of Victoria for for Street purposes. Right-of-way has been purchased by the State. CASE+ 324-BA, PUBLIC UTILITIES, STREETS AND SERVICES ST= ACCEM AM DESIGNATION SSTIW13. COMPRnimsm PIAN: SUR= R.O.W.*/EES199 �Al;�64T MON A.O.W. Victoria Street 601 / 271 Residential / 601 WATER LINES (SIZE AND LOCATION) 611 line in Victoria Street SANITARY SEWER (SIZE AND LOCATION) 2411 line in Victoria St. DRAINAGE 1511 storm sewer in Victoria FIRE PROTECTION: FIRE STATION NO. 1, 875 College St. ADEQUACY OF FACILITIES AND SERVICES: Facilities and services are adequate. PUBLIC NOTIFICATION AND RESPONSE NOTICES MAILED TO PROPERTY OWNERS 19 RESPONSES IN FAVOR RESPONSES IN OPPOSITION COMMENTS R. O. W.= RIGHT OF WAY CASE+ 324-13A 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 reconstruc- tion, extension, or enlargement does not prevent the return of the property to a conforming use. b) To deviate yard requirements in the following circumstances: 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 identifi- cation signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regula- tion. 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 grant- ing 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 or struc- ture for which the special exception request applies. SOURCE: City of Beaumont Zonijj& Ordinance, Sec. 30-37E.2. CASE+ 324-BA The Board of Adjustment may grant a Special Exception from the requirements of the Zoning ordinance if the request complies with one of the conditions listed in the Zoning ordinance for special exceptions and if the Board finds that the special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. Section 30-37E.2. (b) (1) authorizes an exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement of the zoning regulations. All of the homes in the 1300 Block of Victoria on applicant's side of the street have front setbacks ranging from 15-ft. to 18-ft. Residences on either side of 1327 Victoria have setbacks of 15-ft. and 17-ft., respectively. Application complies with condition (b) (1); The special exception will not adversely affect the value and use of adjacent or neighboring property. The house on the adjacent lot to the north will either be demolished or moved entirely from the lot because of the new M. L. King Parkway R.O.W. If the applicant can move his house 51 forward to be out of the M. L. King Parkway R.O�.W. then he will be able to maintain a residence within a stable, residential block. Otherwise the house will have to be moved or demolished leaving two substandard vacant lots and reduce the stability of the existing residential block. A special exception will not be contrary to the public interest. To deny the exception would result in a particular hardship on the applicant by removing him from a neighborhood he has lived in many years. A ten foot setback will not pose a traffic problem on Victoria. There will be about 20-ft. of open space from the house to curb. The intent of the City's Comprehensive Plan regarding Conservation and Revitalization areas is to maintain, protect and enhance older, residential neighborhoods. If applicant is forced to remove or demolish his residence, then the City will be left with a sub -standard sized residential lot that will not be suited for any further residential development.