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HomeMy WebLinkAbout512-BADATE: March 4,2004 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 6'for an addition to a house. FILE: 512-BA STAFF REPORT Randolph Nembhard, the property owner, is requesting a variance to the rear yard setback from 25'to 61or an addition to his house located at 1930 Shady Lane. The addition will include an enclosed breezeway and a garage. Mr. Nembliard states that the previous property owner constructed the garage slab. The Nembhards constructed the slab attached to the house. A detached garage could be built 2 V2, from the side and rear property lines. However, Mr. Nenibhard states that he would like to construct an enclosed breezeway to protect his family. 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. WIfC�-Zrlymvfrl Notices mailed to property owners 20 . Responses in Favor . Responses in Opposition VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONTt 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 ho%v 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 fora variance have been met). Except as otherwise prohibited, the Board is empo%%tredto authorize a variance from a requirement of the Zoning Ordinance when the Board finds thqt all of the following conditions have been met: CONDITION A- That the granting of the variance will not be contrary to the public interest. �' `� CL %n -A�kL bmzt . 0 k W+ 4., I k C. CA CONDITION B: That literal enforcement of the ordinance will result M* uruio=ary hardship because of exceptional narrowness, shallowness, sluipe 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 d the bard s ds p must not result from the applicant or owners own actions. Tv�z CjA U_yQS (34&& cx- �PA &�,,, K. J4 b'_ JCJ 40 -CON VqTIO_: at by ��mting' the vari the t of the 6rdinance will be erved and substantial justice I be d 11AS (D -�'31 cc> d ox 406d MIHE BY ATTEST ST HAT, TO EST OF MY KNOWLEDGE, MY MT MIRMS THE CONDITIONS STATED ABOVE. r, Applicant's si Date: Z. -A 2 -0 7 7 'fib 7 t2% -wH--- ------- Rm 4 FILE 512-BA.- A request for a variance to the minimum required rear yard setback NORTH Cfrom 25' to 61 for an addition to a house. 7 Location: 1930 Shady Lane Applicant: Randolph Nembhard SCALE 31RE 111=2001 Sp 0 E3 00 4 Si 24 6 of 43 es <INGHAM R ?w 5 if ItB14 > 31 goo- jr -7oo 3 80 4 j4j 10 B- FL a 2 4 za (\j r 9 :1 ,GS w P10 AUSTIN Si. ar4ca 7" 90 Of., 4 WHEAT DR. 39 00 60 bO L,- WHEAT DR. 14 Its as 1 6 cv) IN 4-),Ill 4 tN \ \ G s' GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Randolph Nembliard PROPERTY OWNER: Same LOCATION: 1930 Shady Lane LEGAL DESCRIPTION: West 174' of Lot 1, Block 42, Calder Place Addition EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: OT14ER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: RS (Residential Single Family Dwelling) District 0.65 acres, more or less Single Family Residential "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS RS RS Stable Area None Shady Lane - local street with a 60'wide right- of-way and 26'pavernent width Curb and gutter 6" water line 8" sanitary sewer line GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station 44, Gladys at Lucas. ADEQUACY OF SERVICE: Set vices are adequate.