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Home My WebLink About504-BADATE: September 4,2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for variances to the minimum allowed front yard building setback from 25' to 6' and to the minimum allowed rear building setback from 25' to 10'. FILE: 504-BA STAFF REPORT Shining Star Missionary Baptist Church is asking for these variances to construct additions onto the front and rear of the existing church building at 590 Elgie Street. 12'deep men's and women's restrooms will be built on the front of the building and a 25' deep classroom and kitchen addition will be added to the rear. The front add -on would leave the building 6' from the front property line and the rear add -on would leave the building 10' from the rear property line. In an RS District, the Zoning Ordinance does allow the 25' rear yard building setback to be reduced to a minimum of 15'provided that no accessory buildings of any type are located in the reduced rear yard. The utilities are in the alley at the rear of the property. The applicant sliall 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 20 . Responses in Favor . Responses in Opposition VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The Board of Adjustment has the power to grant variances where the follo%%ing listed conditions have been met. Indicate ho", your application meets each of these conditions in the space follo%%ing 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 othenNise prohibited, the Board is empoNN-cred'to authorize a variance from a requirement of the Zoning Ordinance %vhcri the Board finds that all of the follmOng conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. The granting of the variance will not be contrary to the public interest because granting this permit will not cause an obstruction to the view — nor visual hindrance or undue obstruction to visions for the flow and continuity of traffic. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narro%Nmess, 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. The granting of the Variance will relieve unnecessary hardship on the Church to find other property space — mainly because of the narrowness of the lots and property. The shallowness of property lines also presents a problem — as well as the exceptional small dept, width and length of this grand fathered regulatory lot. In essence those regulatory requirements does not allow for any additions other than the ones sought and any other would result in grave financial hardships on this otherwise small congregation. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The granting of the variance will enhance both the Spirit of the ordnance and perpetuate justice as well as add to the beauty and continuity of the neighborhood I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's N 01 I I . so i from 504-BA: Request for a variance to the minimum required front yard setback NORTH FILE 25' to 6' and to the minimum allowed rear yard setback from 25' to 101. Location: 590 Elgie St. Applicant: Shining Star Missionary Baptist Church SCALE U- 1-=200J 50- 50 40 50 .10 "R 7t R 7� -1�111 It 10 t5 I'd ,L\ r Z) Q to so t, J0 i/ is M $4 JJ Jr Iff"; 206101M IMM� ! —00OPM — a ; IN F EIXHLMI� to Ij !1t W 10 • 6 1 PIPKIN ST. W Z W 8 Ob 5- r? f LP 0 r Is 14 IT n 44 so so IEA$i so I I fit 140 '0 IU • fe 4 ME im st F w1t, I K--291 -� ............ 11-1 ...................... - .... ..................... -.1 ....... ADD ON • KITCHEN WOMEN MEN J CHOIR POOM CP WOMEN CLASS POOM hLLEY CLASS CLASS STOP- POOL 34 POOM POOM AGE ............. HALL CLASS 1: CLASS PASTOP 'IS-19 C R HEN POOM Room STUDY PASTOR sECPETAP i OFFICE AC ADD OP / b t ................... 0-fr- EXISTING NOW 2f ... Ann ON IN COLOP Plan by: < Unregistered > ....12....... ADD ON ELGIE STPEET IPVING STREET I i GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Shining Star Missionary Baptist Church PROPERTY OWNER: Same LOCATION: 590 Elgie Street LEGAL DESCRIPTION: Lot 12, Block 3, Jef Chaison Addition EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.16 acres, more or less EXISTING LAND USES: Church 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 SOUTH: Residential RS WEST: Vacant and residential RS COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: ElPie Street - local street with 60'wide right-of- way and 30'pavernent width; Irving Avenue - local street with 60' wide right-of-way and 16' pavement width DRAINAGE: Elgie Street - curb and gutter Irving Avenue - open ditch WATER: 2" water line SANITARY SEWER SERVICE: 6" sanitary sewer line GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #3, 805 Woodrow. ADEQUACY OF SERVICE: Services are adequate.