HomeMy WebLinkAbout509-BADATE: November 6,2003
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance to the minimum, allowable side yard setback from 10' to 3' 6" for
a new carport and covered walkway.
I-011-R-01 01122 IYS
STAFF REPORT
Alice Ashy, the property owner, is requesting a variance to allow her to construct a carport and
covered walkway at her home at 2348 Rusk Street,
On October 13, 2003, Ms. Ashy went before the Historic Landmark Commission and got
approval of a certificate of appropriateness for the design of the carport and covered walkway.
The carport will be located behind the house and entered off of Minor Street. The covered
walkway will connect the carport and a deck on the west side of the house. Ms. Ashy intends
to re -orient the stairs so that they face north, toward the carport.
The house is on the northeast comer of Rusk and Minor. A 10' wide side yard setback is
required along the Minor Street side of the property. In order to line up the carport and covered
walkway with the existing house and deck, the TV side yard is required. The bay window on
the house currently sits 7' from the property line and the rest of the house sits approximately
9'6" from the property line. The existing porch is approximately 4' 6" and the steps sit on the
property line.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for approval have been met.
Exhibits are attached.
LOW RON M0101 Cf7.r Y rowl
Notices mailed to property owners 24 .
Responses in Favor . Responses in Opposition
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VARIANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, 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 follo%ving 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 othcn%ise prohibited, the Board is empo=red'to, authorize a variance from a requirement of the Zoning
Ordinance when the Board finds that all of the follm%ing conditions have been met:
CONDITION A. That the granting of the variance will not be con"' the public interest.
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CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because
ofexceptional 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 men
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 ovaxes; own actions.
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CONDITION : That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
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I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's
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FILE 509-BA: A request for a variance to the minimum allowable side yard setback NORTH 10
from 10' to 3'6". 1 A zn�
Location: 2348 Rusk St.
Applicant: Alice Ashy
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Survey was performed with out the benefit of Rusk Street
[a title commitment.
160, R.O,W.)
SCALE : I '-- 20'
CLIENT: NICS AshY
I do hereby certify, to the best of my, knowledge and 11 belief, that this is I an accurate plot of a I Survey vey.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Alice Ashy
PROPERTY OWNER: Same
LOCATION: 2348 Rusk Street
LEGAL DESCRIPTION: Lots 7 and V2 of Lot 8, Block 16, Oaks 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:
0,24 acres, more or less
Single Family Residential
"X" - Areas determined to be outside 500-year
flood plain
SURROUNDING ZONING:
RS (Residential Single Family Dwelling) District
RS
RS
RS
Stable Area
None
Rusk Street - local street with a 60'wide right-
of-way and a 3 O'pavement width; Minor Street
- local street with a 60'wide right-of-way and a
16'pavement width
Rusk Street - curb and gutter
Minor Street - open ditch
WATER: 6" water line
SANITARY SEWER
SERVICE: 6" sanitary sewer line
GENERAL INFORMATION/PUBLIC UTILITIES continued
FIRE PROTECTION: Fire protection is provided by Station V, 1700
McFaddin.
ADEQUACY
OF SERVICE: Services are adequate,