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Home My WebLink AboutPZ2021-58 (02)DATE: May 6,2021 TO: Board of Adjustment FROM: Deiiii 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 85), FILE: PZ2021-58 STAFF REPORT This agenda item was tabled due to a lack of quorum for the April 1, 2021 meeting. Jose Martinez is requesting a variance for the property located at 3015 Blackmon Ln. The property is zoned Residential Single -Family (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 meet the approved setbacks from their contractor; however, it will cost $15,979.24 to do so. Additionally, the accessory structure is located within a 5' utility easement. If the variance were granted, the applicant would then apply for a license to encroach frorn the Engineering Department. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: 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 question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished frorn 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 NOT]YICAXION Notices mailed to property owners 28 Responses in Favor Responses in Opposition LEGAL DESCRIPTION Being Lot 14, Block 17 out of the Minglewood Addition, Beaumont, Jefferson County, Texas, containing 0.344 acres, more or less. GENERAL INFORMATION/PUBLIC 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 SOUTH: 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 2 8' pavement 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 SCOTI' F JOYCE GLADYS M MONDRAGON MIRIAM C & FRANCISCO JR SAPP LAWRENCE TORRES JASMIN GARCIA ETAL (CD) FOUTZ PAMELAJ HUNTER RYAN DAMON ZAVALA OCTAVIO MOSQUEDA ESPINOZA IGNACIO JAIMES SIKES RUBIN DAVID CASEY MARY E VSP HOME SOLUTIONS LLC GUILLEN RIGOBERTO TORRES & MARTINEZ FLORDELIZ MOSQUEDAJOSE L BARRY ROLLINS & AI -LOAN MOORE PAULA K SIMMONS JEFFREY GORDON MORALES MICHAEL & NATALIA R SELLS LAWRENCE ESTATE JAIMES MIGUELA JAIMES IGNACIO HOLTON GLORIA HOLLAND RAMSON H III & LUCILLE QUINCY DAVID HAMDAN REBHI Case Type:141anning and Zoning Case Sub Type: Variance Case #: PZ2021-58 ®« 12licant Jose Martinez 3015 blackmon In beaurnont, TX 77703 Variance Reques 1 1120 1201== Case Status: REVIEW an accessory St(UtUre from 26" to 8'* Initiated On: 31412021 2.06-28PM Home Phone: or Phone: Cell Phone- 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". VARIANCE APPLICATION FORM QE/\UK0O0TTEXAS The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each ofthese conditions inthe space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for avariance have been rneU. Except as otherwise prohibited, the Board is empowered to authorize a variance from o 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. 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 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. Comment: The structure was placed too close to the property line and we need to obtain a variance to resolve this. CONDITION C: That bvgranting the variance, the spirit ofthe ordinance will heobserved and Comment: No injustice will be done in the spirit of the ordinance. Os 2- 7,51 c C)(71 c"A n o CA 1"') (".AA 00 VAKI CA, C c> cx,f fS, X SS iy �- INOTHING IN THIS SURVEY IS jjHENDED To EXPRESS AN OPINION REGARDING OIANERSH? OR THly- L THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESS[ON& JUDGMENr BY 'THE SURVEYO% %WCH IS BASED ON HIS BEST KNaffi.MF INFORMATION AND BELIEF, FORMED 1-4 THE COURSE OF HIS PEEVORM180 THE SUM IN COMPLJANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS 9M OF PROFIESSIONAL, LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL, SURVEYORS- AS SUCH, IT CONSTITUTES NEITHER A GUiRANITEE NOR A WARRANTY, EXPRESSED OR IUPUED- 3. ALL SET 5/8* IRON RODS SET WITH A CAP STAMPED WHITnEf & ASSOCIATES'. WILLOWOOD LANE (10'RD�,I) uohl. END. COW- (CALL S,VS,,,1 20,00') W/BRASS P9i 04D S89'49'54'W 120.OV SET 51 L R' von 1 (CALL 589'53'0014 120-00 FND S89*49'5VW UQ.04' k6p EM LOT 14 BLOCK 17 CALCULATED CORNER I'm I/r 1. ROD CORNER .0 a. �b0/ ".., 0 YM TILS SURVEY WAS PERFORMED wTNjOLFr MUN OF CURRENT TITLE COMM.BMIENT. BOUNDARY AND IMPROVEMENT SURVEY ONLY, EASEMENTS, IF ANY, HOT RESEARCHED OR SHM, WITH THE EXCEPTION OF THOSE PLATTED. FND 1/1' L PIPE METAL SHOP ON PIERS 0. r, PER PLAT VOL 655, PG. 601 DWC FND N89045'28"E 100.39' (CALL H89'53'OO-E 10100 END 1489-45`28-E 120,44! (CALL N89'53'00-E 12O.OD') PROTRUMN t BLACKMON LANE fj)i METAL SHOP ON PIERS PROTRUDES FROM 4.09' TO 4.3V ONTO A !V U`NUTY EASEMENT. (60' RO`W) To THE 01YNERS OF THE PRauSES SURVEYED AS OF THE DATE Of THE SURV`EY: 1, VJ� RM OW _S DO HEREBY CERTIFY THAT 110S SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF 114E SURVEY. DATE SUKVEYEDL_FMUAgf 10, 2021 �_- �12 �- 1, LEGEND o POW POLE c— GUY ANCHOR I --- WOOD PENCE ov--- CHAIN LINK FENCE X ---- WELDED WIRE FlDX cwc— 01VERHFkD ELECTRI GRAVEL BWK CONCRETE Vol CALCULATED CORNER UNABLE To FIND OR SET CORNER DUE To FENCE POST CHAIN UNK PENCE POST BEARS SOI*!4"46W F 0.18* 5' SIDE SETBACK —N655. PG. 601 101- 677. PG. 442 > DRJC 5' U71M EASEMENT :xiVOL 655, PG. 601 DRJ,G U. vdd 0 END 5/8' I. ROD 3015 BtA0WON LANE emmout, TEXAS 77703 Lot Number Fourteen (14), Block Number Seventy (17), NINGLEWOOD ADDHION to the City Beaumont Jefferson County, Texas, according 10 mop or plot of said addition of record in Volume Past 70, Map Records, J*fftmOn County- Texas Owner: For Martinez Census: 5.00 In accordance with the Flood Hazard Boundary Mop, Department of Housing and Urban Development Community No.: 485457 Panel NO,: 0035 0 Data of nRM: 08-06-02 This Property lies in Zone "X' (white). Loeot,an on map deternraned by scale On map. Actual field elevation not detenrrihrcd. Mark Whiteley & Associates does not wamont nor su4sont, to the accuracy or scale of said mops. Zone Y (white) ore, areas determined to be outside 500-yeor flood ploln. File PZ2021-68: To consider a request for a Variance to the required minimum side and setback for an accessory structure in R-S (Residential Single -Family) zoning, to be reduced from 2'6" to 8". Applicant: Jose Martinez Location: 301-6 Blackmon Ln 0 100 200 1 1 1 1 Feet