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HomeMy WebLinkAbout341-BADate: March 26, 1990 TO: Board of Adjustment FROM: Planning Division REQUESTED An application for a variance to reduce the front yard ACTION: building setback requirement for a single family zoned residential lot from 25 feet to 1.0 foot. Property is located at 955 Jasmine. *STAFF REPORT* STAFF RECOMMENDATION FILE #341-BA I a tITS)i cc" SWINHIMIMN FME #341-BA Page 2 FILE #341-BA Page 3 Page 4 ANALYSIS FRE #341-BA Page S TII.L #341-BA Page 6 CTIAFU-MS ID. F)C3XW(DEr-U-�.. P.O. Box 7333 Beaumont, Texas 77726 (409) 892-7245 March 15, 1990 Board of Adjustment Planning Division, Room 240 city Hall, 801 Main Street Beaumont, Texas 77701 Gentlemen: RE: Request for Variance, Lot 12 Block 2 Whispering Pines The attached variance application is submitted in order to allow the utiliza- tion of the above -referenced property with the least change in its present configuration and use. This property is at the beginning of a cul-de-sac are which affects the build- ing layout particularly in relation to the pine trees located near the build- ing setback line. We would prefer to leave these large old trees as they are. The property presently has a tennis court located on the southside which we would like to retain. The two adjacent residential properties do not comply with the setback requirements. Therefore, the granting of this variance would not be out of character with the existing neighborhood use. We appreciate your consideration of our request for this variance. NUMmM.W. = � 7600SM 'rD lE)Q'6-rt NG `MN m 1,� T 0 I 00, i='eN ©l ---- - ----- Charles D. Foxworlh P.O. Box 7333 Beaumont, Texas 77726' c-a 0 ID 0 14 § v I -r ttV A rz 44-4 VARIANCE APPLICATION FORM BEAUNIONTs TEXAS rILE 341 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. (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. This property is located on the arc of the cul-de-sac street and the location of a building on the property line will not affect the line of site nor the view of any traffic therefore this variance will not be contrary to the public interest. CONDITION B: That literal enforcement of the ordinance will result in un- necessary 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 owner's own actions. The property available for construction contains trees at the cul-de-sac area which prevents the location of the garage at the normal setback line. This is an unnecessary hardship due to the.cul-de-sac arc and the group of large old trees. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will'be done. The granting of this variance will be within the spirit of the ordinance since it will not affect neighborhood properties nor public traffic and substantial justice will be done since removal of the trees will not be required. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE. CONDITIONS STATED ABOVE. Applicant's signature:.,, Date: I ,. age AM I& rcq go NORTH 341—BA. Request for a variance to reduce the front yard 9 ,ON A01161 % building setback (yard) at 955 Jasmine Drive. Charles Foxworth, applicant SCALE too1/200 :j GLAPS AVE. w w LI ANTS R 19ENCE36* 4 C? w A po� V > 4 w L A ca Ago refs ry WH I,—.:) R J to t 0 ss A IV N S 00 j%,f % co to 00 MW a - PI 0 AZ W x/4V /M C13 z 6 OLEANDER DR. IIA L qslao I 40 16 90 OhN 31u ou OLEANDER Ato. 900" /4/40 90 IM 'lit Iw I 1% d" w JN S 0 M HONEYSUCKLE DR. -be CAA 7 -- ed. 4" 40 M i r y H W LI 1 7 4 s P M--� Z .0 w — W At�Q- LrAsrwyr CE DRA EASE 0 .60, AMM W 60-01 w 60. 0/ 4V." V 4 AS of a0 F iy YU Af rM C/ Or am 71 of /-V i, dz NORTPk'jCIRCUIT DR. 9P4 • rb /V AV 10 0* Aff M rf Aeol jo /*