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Home My WebLink AboutMay 2021 BOA Packet*AGENDA* BOARD OF ADJUSTMENT May 6, 2021 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:00 p.m. The meeting will also be broadcasted on the City's YouTube channel: https://www.youtube.com/channel/UCnY6nNk8zfXZulMalzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the meeting held February 4, 2021. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File PZ2021-58: 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". Applicant: Jose Martinez Location: 3015 Blackmon Ln OTHER BUSINESS AT1JO TR.N Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES* BOARD OF ADJUSTMENT February 4, 2021 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on February 4, 2021 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Tom Rowe Board Member Lee Smith Board Members absent: Board Member Joey Hilliard Alternate Board Member Christy Amuny Also present: Demi Laney, Senior Planner Tyrone Cooper, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Smith moved to approve the minutes for August 6, 2020. Board Member Beaver seconded the motion. The motion to approve the minutes carried 4:0. Chairman Timaeus informed the applicant, Steven Odle, that with only four (4) members present, an approval would require a unanimous vote. He explained Mr. Odle's options of continuing the meeting with the members present or postponing to a future meeting. Mr. Odle chose to continue with the meeting. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:02 p.m. PUBLIC HEARING 1) File PZ2021-10: To consider a request for a Variance to the required minimum side yard setback in R-S (Residential Single -Family) zoning, from 10' to 1.4'. Applicant: Steven Odle Location: 5530 Sul Ross Lane Ms. Laney presented the staff report. Steven Odle is requesting a variance to the side yard setback for the property located at 5530 Sul Ross Lane. The property is zoned Residential Single -Family (R-S) and therefore requires a 10' foot side setback on an exterior corner lot. BOARD OF ADJUSTMENT February 4, 2021 The open-air carport will be tied onto the existing roof line and extend out 25'. The length of the carport will encroach approximately 8.6' into the required setback and be situated 1.4' from the side property line. 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 fiom 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. Discussion followed clarifying the dimensions of the proposed carport setback would be 1.5 feet. Slides of the subject property, site plan, and surrounding neighborhood were shown. Twenty-eight (28) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or opposition. The applicant, Steven Odle, 5530 Sul Ross Lane, addressed the board. He stated the reason he and his wife would like to build the carport is that they take care of their granddaughter and would like to be able to get her in and out of the car, while keeping her out of the elements. Discussion followed to clarify that the carport would be open-air and that it would be tied to the roofline. Board Member Beaver inquired if Mr. Odle had spoken with any of his neighbors about the project. Mr. Odle responded that he had spoken with some who have been in support and that his son who lives across the street is in favor. Board Member Rowe pointed out on the slide where the property line lies and commented that the line of sight would not be obstructed. The Board briefly discussed the placement of the proposed carport and an easement of the property. The public hearing was opened and closed without comment. 2 BOARD OF ADJUSTMENT February 4, 2021 Board Member Rowe moved to approve the request allowing a Variance to the required minimum side yard setback in R-S (Residential Single -Family) zoning, from 10' to 1.5', as requested in File PZ2021- 10. Board Member Smith seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Member Rowe -Aye, Board Member Smith -Aye. The motion to approve carried 4:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:11 p.m. 3 DATE: May 6, 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". 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 fi•om 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 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, 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 28' pavement width. DRAINAGE: Curb and Gutter WATER: 2" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' WHITEHEAD TAM[ WALTON CARLANN SHELANDER SCOTT F JOYCE GLADYS M MONDRAGON MIRIAM C & FRANCISCO JR SAPP LAWRENCE TORRES JASMIN GARCIA ETAL (CD) FOUTZ PAM ELA J 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 BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2021-58 Location: 3015 BLACKMON LN, BEAUMONT, 77703 Individuals listed on the record: AQpJicant Jose Martinez 3015 blackmon In beaumont, TX 77703 Variance Request Case Status: REVIEW Tag Name: variance to reduce the side setback for an accessory structure from 2'6" to 8". Initiated On: 3/4/2021 2:0628PM Home Phone: Work Phone: Cell Phone: 4093634214 E-Mail: joseamrt@me.com 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 Description MINGLEWOOD L14 B17 VARIANCE APPLICATION FORM BEAUMONT, TEXAS 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. Comment: It will not hinder the public interest. CONDITION 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 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 by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Comment: No injustice will be done in the spirit of the ordinance. w;Sb -k-0 1IUve. a VCAV no'), c I ehicle- becaose ct�recx�Ll 27), SOD A e m,, ,ran e- mores -k"n n 11. %LINO IN THIS SURVEY IS UNAIDED TO EXPRESS AN OPINION REGARDLNG O'ANFRSHIP OR TITLE 2. THE WORD CERTIFY IS UNOERSTOOD TO BE AN E70'RESStON OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST f0H0'ALEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLMCE RTTH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL NAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, DO'RESSED OR IMPLIED. 3. ALL SET 5/8' IRON RODS SET WITH A CAP STAMPED 'MAW. WHITELEY & ASSOCJATES% WILLOWOOD LANE FND. CONIC. (60' ROVQ MON. (CALL SB9'S3'OOw 120.OV W /""' FND 589'49'S4w 120.04' I/ I 9E �z SET L CALCULATED CORNER 2 o" 1 (CALL S69'53'OOw 120.001 FND S89°49'54'W 120.04' u¢-uE of R •�S�REAR'SQIi4CK':.�•i'3.-.<.. � ?. � 1fOL'.'•655," RG.•b01•'�': �;.,, : t :. ' • • ` I I C7 FND I/e CZLCULATED I. RODORZ Y� LOT 14 BLOCK 17 N • THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF CURRENT TIME COMMITMENT. Y BOUNDARY AND IMPROVEMENT s SURVEY ONLY, EASEMENTS, IF ANY, NOT RESEARCHED OR SHOWN, WITH THE EXCEPTION w OF THOSE PLATTED. FND 1/2' L PIPE x LEGEND # POWER POLE C GUY ANCHOR — w —WOOD FENCE u�S r — xx —WELDED WIRE FENCE V -- — oc— OVERHEAD ELECTRIC o '�` ,• GRAVEL c o BW o o ETE b �o Z 2 LL c�a LOZ CALCULATED CORNER UNABLE TO FIND OR SET CORNER DUE TO FENCE POST CKAUN LINK FENCE POST BEARS SOI'54'46w 0.1W —x 1 5' SIDE SETBACK VDL- 655. PG. 6DI & VOL 677. PG- 442 DRJC OB2' S' lfiLJ1Y EASFME T WL 655, PG. 601 1.6V DRJC 0.91' m NR N r� M �a o0 a0 0 e 0.66' Z z71 z" U. METAL SHOP ON PIERS 01 .... — �5�LDO�SETRACdS PER PLAT & VOL 655, PG. 601 DRJC FND N89°4528"E 100.39' (CALL NW53.00-E 100.00') FND NB9.45'28'E 120.4W (CALL N69'S3b0'E 120.00') PRDTRusNa� NorE BLACKMON LANE Q METAL SHOP ON PIERS PROTRUDES FROM �, �,� 4.09' TO 4.34' ONTO A 5' UTILITY EASEMENT. TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROIVE DO HEREBY CERTIFY THAT T10S SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCF48M HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. RATE SURVEYED• FEBRUAR'Y 10. 2021 M03 FHD 5/8' I. ROD 3015 BLACKMON LINE BEAUMONT, TEATS 77703 Lot Number Fourteen (14), Block Number Serentea (17), MNGLEW00D ADDITION to the City 0' BeoumonL Jefferson County, Texas, according to W mop or plat of said o"Uan of word in Volume 7 Page 70, Mop Rec«ds, Jeffason County, Texas Omer•. Flor Martinez Census: 5.00 In oocordance with the Flood Hazard Boundary Map, Deportment of Housing and Urban Development. Community No.: 485457 Ponel No.:0035 C Dote of FIRM:08-06-02 Thu property Gas in Zone X' (white). Location on map detem4ned by scold on map. Actual field devotion not determined. Mark Whiteley & Associates does not warrant nor subscribe to the accuracy or scale of sod mops. Zone 'X' (white) ore areas detemrned to be outside 500—year Rood p!d'n. ® Hall ibis ai'J p ! A"We! UC Ihb eba.a. m m su0aewd d P4 F$ M t aa•:cr. 6 W d Wf: t Ask*= UC or' a rod b rapid or w.4 ar rod'zbeA LU cwm atYrt¢rm d File PZ2021-58: 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, o be reduced from 2'6" to 8". Applicant: Jose Martinez Location: 3015 Blackmon Ln 0 100 200 1 1 1 1 Feet