HomeMy WebLinkAbout527-BA
DATE: September 2,
2004
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance to the minimum elevation requirements in
a special flood hazard area
FILE: 527-BA
STAFF REPORT
Debra Clark, the applicant, would like to construct a new house at
1920 Westchase. This property is located in a special flood hazard
area which requires any new construction to be located a minimum of
18" above the base flood elevation. Ms. Clark would like to construct
the house at 12" above the base flood elevation.
Ms. Clark states that at the time of purchase of the property, she was
not aware that she would be required to have the foundation 18" above
the base flood elevation. She says that to build 18" above the base
flood elevation would require that the entire foundation be built above
the existing ground elevation. By lowering the elevation 6" and adding
an additional 6" inches to the depth of the beams, the foundation can
be built at the existing ground elevation and will be at the same level as,
or above, other foundations in the area.
The City of Beaumont Flood Zone Ordinance prescribes a procedure for
variances to the requirements of this ordinance and states that the
Board of Adjustment is the body that hears such variances.
The Flood Zone Ordinance defines a variance as A a grant of relief to a
person from the requirement of this ordinance when specific
enforcement would result in unnecessary hardship.@ A variance,
therefore, permits construction or development in a manner otherwise
prohibited by this ordinance.
The Federal Emergency Management Agency NFIP Regulations, 44 CFR
states that variances may be issued by a community for new
construction and substantial improvements to be erected on a lot
of one-half acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood level or as
in this case below 18 inches above the base flood level in conformance
with the procedures of the following paragraphs:
S Variances shall only be issued by a community upon (i) a showing
of good and sufficient cause, (ii) a determination that failure to
grant the variance would result in exceptional hardship to the
applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional
threats to public safety, extraordinary public
STAFF REPORT continued
expense, create nuisances, cause fraud on or victimization of the
public, or conflict with
existing local laws or ordinances;
S Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief;
S A community shall notify the applicant in writing over the
signature of a community official that (i) the issuance of a
variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage (Note:
Based upon the $195,000 value of the home put on the building
permit, flood insurance would cost approximately $307 at + 2'
and $597 at B.F.E.) and (ii) such construction below the base
flood level increases risks to life and property;
S A community shall (i) maintain a record of all variance actions,
including justification for their issuance, and (ii) report such
variances issued in its annual or biennial report submitted to the
Administrator.
FEMA=s document, Administering Your Floodplain Ordinance, lists
several insufficient reasons for granting a variance. These reasons are:
S Less than a drastic depreciation of property;
S Convenience of property owner;
S Circumstances of owner not the land;
S To obtain better financial return;
S Property similar to others in neighborhood;
S Hardship created by owner=s own actions.
The Board of Adjustment should consider these when making a
decision.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 23 .
Responses in Favor . Responses in Opposition
.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Debra Clark
PROPERTY OWNER: Same
LOCATION: 1920
Westchase
LEGAL DESCRIPTION: Lot 17, Westchase
Addition
EXISTING ZONING: RS (Residential
Single Family Dwelling) District
PROPERTY SIZE: 0.16 acres, more
or less
EXISTING LAND USES: Vacant
FLOOD HAZARD ZONE: A A @ - Special flood
hazard areas inundated by
100-year flood
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential RS (Residential Single
Family Dwelling) District
EAST: Residential RS
SOUTH: Residential RS
WEST: Residential RS
COMPREHENSIVE PLAN: Stable Area
OTHER PHYSICAL
FEATURES: None
STREETS: Washington
Boulevard - minor arterial with a
75' wide right-of-way and 20'
pavement width; Westchase -
local street with a 50' wide
right-of-way and a 28' pavement
width
DRAINAGE: Washington -
open ditch
Westchase - curb and gutter
WATER: 6" and 16"
water lines
SANITARY SEWER
SERVICE: 8" and 27"
sanitary sewer lines
GENERAL INFORMATION/PUBLIC UTILITIES continued
FIRE PROTECTION: Fire protection is
provided by Station #6, 1880
Major Drive.
ADEQUACY
OF SERVICE Services are
adequate.