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HomeMy WebLinkAbout516-BADATE: May 6,2004 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the minimum required rear yard setback from 25' to 12' for a new house. FILE: 516-BA STAFF REPORT Debra Clark wishes to construct a house at 1920 Westchase. Ms. Clark states that because the lot is on a corner and a 15' side yard is required along Washington, she needs to encroach V into the required rear yard to allow her to build the house she wants. Her property backs up to an abutting side yard. Under that circumstance, a 15' setback is required. Otherwise, a 10' setback would be allowed. The Zoning Ordinance requires a 25' rear yard setback. However, the rear yard setback can be reduced to 15' provided no accessory buildings of any type are located in the reduced rear yard. Ms. Clark is requesting a 12'rear setback even though her site plan shows an encroachment of only 1'. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval of a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 - Responses in Favor . Responses in Opposition -. Debra A. Clark P. 0. Box 3802 Beaumont, TX 7 7 704 April 16, 2004 Board of Adjustment City of Beaumont Planning Division, Room 205 City Hall, 801 Main Street Beaumont, TX 77701 Re: Variance Request for 1920 Westchase Drive Ladies and Gentlemen: I write this letter to request a three (3) foot variance into the rear easement of property I purchased which is located t 120WestchaseDisdproperty in 2003 in order to construa residence that would be used as my homestead. This property is located on the corner of Westchase Drive and Washington Boulevard. At the time of purchase, I was not aware that I would need to forfeit fifteen (15) feet of land on the Washington Boulevard side of the property because it is located on a corner. of course, there is also the five (5) feet easement next to the adjoining property. This limits the construction area to forty-five (45) feet across Westchase Drive. After having the property surveyed, I learned that there is also a twenty-five (25) foot easement along the front edge of the property and a fifteen (15) foot easement in the rear. As you can see from the attached Plot Plan, the new residence extends approximately one (1) foot into the rear fifteen (15) foot easement. I therefore respectfully request a variance of three (3) feet into the rear easement (though only a portion of this will be used) to allow construction of the residence as planned. As required, in addition to this letter I am enclosing the following items: o Board of Adjustment Application Form for the City of Beaumont; * Variance Supplemental Application Form; * Site Plan drawn to scale; * Survey Prepared on March 24, 2004; and City of Beaumont April 16, 2004 Page 2 0 Check in the amount of $250.00 in payment of your processing fee. i would like to thank you for your consideration of my variance request. Please contact me if additional information is needed and I will provide it immediately. Sincerely, Debra A. Clark /dc Enclosures VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT9 TEXAS (CODES SECTION 30-37 E.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 condita varante (he applicant has the burden of proof to demonstrate that all three of the conditions necessary for 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. The granting of this variance will not be contrary to the public interest. The granting of this variance will not adversely affect the adjoining properties. This request seeks a variance of only three (3) feet into the fifteen (15) foot rear easement (though not all of the three (3) feet will be used). 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. This request is being made for property I purchased for new construction of a residence that will be used as my homestead. Unfortunately., I was not aware of the fact that because this is a corner lot, I would need to forfeit fifteen (15) feet on the Washington Boulevard side of the property in addition to the five (5) foot easement next to the adjoining property on Westchase Drive. This limits construction to forty-five (45) feet along Westchase Drive. Because of the narrow width, I am requesting the three (3) foot variance into the rear easement. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. By granting this variance, the spirit of the ordinance will be observed and substantial justice will be done because only a three (3) foot variance iing wluallow and this will not have an adverse affect on the adjoining propertiess. Tbehis completion of the residence as shown on the attached drawing. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, AY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature:0_-,4_ Date: am R H' 40 lz wQ, -�MYJ t ♦ ; xX 11 z RI % AL 4 .FRAZIE"R OR : " e) 60 . FRAZIER DR. T--- --- ir wASHINGTON f3LVD M D. FROM FAX NO. : B389160 Apr, 13 2004 02:41PM PI I Do. - A 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: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: OTHER ,PHYSICAL FEATURES: DRAINAGE: WATER: ,SANITARY SEWER SERVICE: 0,16 acres, more or less Vacant "A" - Special flood hazard areas inundated by 100-year flood SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS RS RS Stable area None Washington Boulevard - minor arterial with a 75'wide right-of-way and 20'pavernent width; Westchase - local street with a 50' wide right- of-way and 28pavement width Washington - open ditch Westchase - curb and gutter 6" and 16" water lines 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.