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Home My WebLink About506-BADATE: September 4, 2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the minimum allowable side yard building setback of 23 to 0' for a detached accessory building. Wma-01 John and Sharon Bergeson have bought the property at 801 21" Street. The original detached garage was demolished as a condition of the previous owner's FHA mortgage loan. The Bergeson's would like to construct a new, enlarged garage in its place. The original garage slab is on the south property line and is 30.4, x 19.5'. The width of the new garage would be increased to 23' to allow for additional storage and workshop space. The Bergeson's state that the original concrete slab has water and gas lines incorporated in the rear portion. They wish to keep these amenities without incurring the hardship of digging lip the entire yard and changing the layout to accommodate the current zoning rules. The Bergeson's state that rebuilding the garage on its original slab will not be an eyesore or an inconvenience to the neighbors because it backs up to the neighbor's storage building. That neighbor has submitted a letter stating that he has no objection to the rebuilding of the garage on its existing slab. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 Responses in Favor . Responses in Opposition -. 'P611- i�l� August 12, 2003 Planning Division, Room 206 City Hall, 801 Main Street Beaumont, TX 77701 RE: Zoning Variance for Lot 20, Block 7, Calder Place Dear Sir or Madam: We have purchased the above residence and wish to rebuild the garage on the original slab, which is still in excellent condition. The garage was tom down as a condition of the previous owners FHA mortgage loan. The current slab as shown in the survey drawing is currently 30.4 feet long and 19.5 feet wide. We would like to keep the length of 30.4 feet and increase the width to 23 feet to allow for additional storage and workshop space inside the garage. The original concrete slab has water and gas lines incorporated in the rear portion. We wish to keep these amenities without incurring the hardship of digging up the entire yard and changing the layout to accommodate the current zoning rules. The attached survey shows the lot as it was before the garage was torn down. The drawing indicates how we wish to rebuild. The slab currently backs up to the back of the neighbor's storage building. Therefore rebuilding the garage on its original slab will not be an eyesore or an inconvenience to the neighbors. There will be no infringement on the use or enjoyment of their property as this is currently dead space. Sincerely, John and Sharon Bergeson VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONTs 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%NIng 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, -rNc-- ~per pcer-y o&)&f&;'e- y/ By i e 6 OF -n4-E6 IJW04V�: (0 F 77/2�- -Z-A.�;?J6 6b - e5)r AL6J'6-Z)k/,aJ(-? Z4�7- 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. T146 C-,OlJeR.67��- 6x-z-5T�s. V&-6 -re -rl+e -6 0-) � 6�F--c, Qom' TY�e- y4e-b � La�-7-ZDAJ 6tp' 44eb,5 4-rP CONDITION : That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done, tA? TD �5 TZ) C- I�IXIJJ� �67 -j5 1.)06t L 1) "qw'® /V- 1-14-aq4'6 ne '0 OA/� I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. August 12,21003 Planning Division, Roof', 206 City Hall, 801 main Streel l3caumovit, TX 77701 R F: Zoning VariUDCC fOr Lot 20—Block 7, Calder Place D= Sir or Madam: We are the nAx-ners or the property &fFectcd by the granting of this N-Hri.ance,, Lot 21. Block We Owned this prop(Ily at the tirne the pn, V been 1. (alder Place. c *-W torn down. We have n ird'oniwA of the plans and we have ro objection to the new owner's vcbuildiniz, a puapc on the site. Slll$er,iy, 0 IT FILE 506-BA: Request for a variance to the minimum side yard setback of 2.5' to 0' for a detached accessory building. Location: 80121" Street Applicant: John Bergeson 17 4 low 0 • Vr 10 pry. bt AVE Iso0w I .3 7L NORTH A SCALE 1 "=200' U, I /9 t L Ik ------------------- LL 4M d 60 J, E Tr. HARRISON AVE. IV re A. rJ 14 NORTH ST. AP 411 4 � I I I I— :zz=> + LOT 6 CoMi UNABLE TO FIND OR SET CORNER 1,05 CUE TO FENCE POSTS AND GONG. I FENCE POST BEARS N48'20'09"W 0.61' FENCE POST BEARS 1436'51127f 0.98' FENCE POST BEARS 613't4'o8E 0,96' -A�O-TL- RESTPIC17ONS RECORDED IN VOL, 359, PG. 23. 0RJC APPEAR TO HAVE EXPIRED ON JANUARY 01, 1950. PROTRUSION NO aWCE PROTRUDES FROM O.JJ' TO 057' INTO LOT 20 N O C) C3 > z Lot ML 60.00* FND NOO'09'31"E 60.18' olc— W VIC-- o"c- GARAGE ON CONC. SLAB BLOCK BLOCK 7 tor 6 C 10' UTILITY F-�(ASFMCNT L. 359, N. 23DRJC 10 BRICK k FRAME RESIDENCE 125 X 00 21 21 C Li 0 1,14 9,07 WAL I 0-1 11 11 Lot 19 FNDM 1. PIP E 1 2 vc *1 1 11 11 "I'll 518' f, ROD FND S0O'0Q'V0*W "0.08' FND SOO'02'19"W 60,28' CALL 300.00' MI, 60-00' '8'D4'U'00"NTT,$T'CPXrAS REF BEARING ASSUMED PER PLAT 21ST $TREET 77706 TO THE OWNERS OF THE PREMISES SURVEYEO (60 ROW) tol Number Twenty (20). in Flack Number AS OF THE DATE OF THE SURVEY: Seven (7), CALVER PLACE, an oddilion to the City of Beaumont. Jefferson County, Taxes, 1, MARK W. WHIT fkC)LOO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY occotd;nq to the mop or plot of record in the office of the County Clerk in Volume 5, WAVE ON THE SURFACE or THE GROUND or THE PROPERTY LEGALLY ocsmwo HEREON AND IS CORRECT. I FIND NO DISCREPANCIES, SHORTAGES IN AREA, Paget I f9 o6d t20 of the Mop Records ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ON THE SURFACE OF of said County and State. THE GROUND, EXCEPT AS SHOWN HEREON, ALL RECORDED EASEMENTS SHOAN AND owner. Horhoro Burrell NOTED PER JEFFERSON COUNTY BILE COMPANY G.F. No. 20012170 census froct'" 4.00 In accordance with the GATE SURVEYED: NOVEMBER 20, 2001 Flood Hazard Boundary Map, Deportment of Housing and 4� Urban Development. Community NO,,; 485457 Perot No,: 0035 8 Dote of FIRM. 12-04-64 This property lies in Zone 'C - Location on mop determined by stole on map. Actual field elevation not HARK W, 1IVHITELEYPROFESSIONAL' VW SOWT-iO 6 7.� determined. cork W. Whiteley and MARK W. WHITELEY Associates does flat warrant nor subscribe to the accuracy or stole P. 0. BOX 5492 AND ASSOCIATES 89AU)JORT, TEXAS 71724-6402 of said mops. 'C" INCORPORATED 400-808-0421 Zone does not fit in the ?DO - year flood plo;n. CONSULTING ENGINEERS, SURVEYORS. AND PLANNERS 3260 EASTEX FRVY. 9) 201 I/j,h W & ASS�.'Oje, h, 0 PRAUXONT. TEXAS 7?703 I's dut~l' 0' an �VN'f'? at sf44cf. 'S (At Owen, rt (PAX) 409-692-1346 0( Vk W. & c wd nu Ia Of 00, rffWµc#$, CWW v e'jf4w'd. pail H,' \ 0 VIC \ T1 TL ES \ 0 1 - 8821JEA4 Vrk k O;Wn' A 'Us'e4tts' C. TOTAL P.03 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: John and Sharon Bergeson PROPERTY OWNER: Same LOCATION: 80121" Street LEGAL DESCRIPTION: Lot 20, Block 7, Calder Place Addition EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 0.20 acres, more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTIT Residential Rs WEST: Residential RS COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: 2 1 " Street - local street with a 60'wide right-of- way and 27'pavement width. DRAINAGE: Curb and gutter WATER: 2" water line SANITARY SEWER SERVICE: 6" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #4, Gladys at W. Lucas. ADEQUACY OF SERVICE: Services are adequate.