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Home My WebLink About498-BADATE: May 15,2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the required construction standards for the lowest floor elevation of a residential structure at P 6" above the base flood elevation. FILE: 498-BA STAFF REPORT Mr. and Mrs. Thomas Louis, the property owners, plan to build a home at 5399 Downs Road in the Tyrrell Park area. When a building permit was applied for, they were informed that their property fell within a special flood hazard area inundated by 100-year floods. FEMA included this property in a special flood hazard area in the latest revisions to the Flood Insurance Rate Maps adopted by the City of Beaumont on August 6, 2002. The City of Beaumont Flood Zone Ordinance, Sec. 6-42, requires that for residential construction, "new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated by a minimum of one foot six inches (1'6") above the base flood elevation." Mr. Louis states that once he had his lot surveyed, he found that to meet this requirement, he would have to elevate his house 4.44 feet above the current grade. He would like to construct the house at 2.94 feet above the current grade which is at the base flood elevation. Mr. Louis says that due to the size of his lot and the desire to maintain a 30' setback on the south side of the property, a very steep incline will be required on the north and cast sides of the property. The City of Beaumont Flood Zone Ordinance prescribes a procedure for variances to the requirements of this ordinance and states that the Board of Adjustment is the body that hears such variances. The Flood Zone Ordinance defines a variance as "a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship." A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. The Federal Emergency Management Agency NFIP Regulations, 44 CFR states that variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with STAFF REPORT continued existing structures constructed below the base flood level or as in this case below 18 inches above the base flood level in conformance with the procedures of the following paragraphs: Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; A community shall notify the applicant in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $ 100 of insurance coverage (Note: Based upon the $195,000 value of the home put on the building permit, flood insurance would cost approximately $307 at + 2' and $597 at B.F.E.) and (ii) such construction below the base flood level increases risks to life and property; A community shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) report such variances issued in its annual or biennial report submitted to the Administrator. FEMA's document, A(lininistering Your Floo(Iplain Ordinance, lists several insufficient reasons for granting a variance. These reasons are: — Less than a drastic depreciation of property; — Convenience of property owner; — Circumstances of owner not the land; — To obtain better financial return; — Property similar to others in neighborhood; — Hardship created by owner's own actions. The Board of Adjustment should consider these when making a decision. Again, Mr. Louis is asking for a variance to allow him to build at the base flood elevation. Exhibits are attached. I Notices mailed to property owners 11 . Responses in Favor . Responses in Opposition April 24, 2003 Planning Division City Hall 801 Main St. Beaumont, Texas 77701 Board Members, We are in the process of building our first home at 5399 Downs Road in Terrell Park, We were just recently advised that our lot, where our dream home is to be erected, is in a newly designated flood zone. As per the city of Beaumont guidelines, we were required to acquire an elevation certificate to comply with the guidelines of the permitting department. Once we had our lot surveyed, to comply with the city's flood zone requirements; we are required to elevate our house 4.44 feet above the current grade. This required grade in 18 inched above the standards set by F.E.M.A., We are requesting that we be allowed to comply to F.E.M.A.'s standard because of the steep incline that our house will have to be placed, as well as the adverse impact that will be created for the next door neighbor. Our lot is 173 feet across the front and 103 feet deep. With trying to maintain a 30-foot setback on the front to comply the rest of the neighborhood, this leaves 15 feet, 8 inches for the back yard. This fifteen feet and eight inches represent a very steep incline from the house to the property line, as well as a very steep incline from the street to our garage. Because of the steepness of the foundation, it has been recommended that we build up a minimum of eight feet around the entire house. The buildup will be required to help stabilize the foundation. Since we have less than a half -acre to work with, (17,819-sq. ft.), our house will have the appearance of one that is setting on the top of a mushroom. Your favorable consideration to our problem will be greatly appreciated. . 4.011, L-Q-t-41 Thomas Louis 5475 Emerald Dr. Beaumont,Texas 77705 in. NORTH 00 FILE 498-BA: Request for a variance to the required elevation in a floodplain Location: 5399 Downs Road A Applicant: Thomas P. & Priscilla Louis SCALE 1 "=200' tl "M 'Raw, Definition of Variance "grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.", (Section 60.6 of NFIP regulations) 3/19101 51.76 re r rr r r �r r�'_"To,r Section. (a) • Not absolute criteria * For fpm purposes only b A pattern of inconsistent variances can result in sanctions against community ® Designated historic structures given special consideration 50 3/19/01 51.77 FIAWNI�11 �, I "ODMIwinsm I Conditions for Variances Based Upon 44 CFR 60.6 1 ) Variances must pertain to a piece of property and are not personal in nature. 2) Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. 3/19101 51.78 More Conditions fo Variances... i 3) A determination that the granting of the variance will not result in increased flood heights. 4) The variance will not cause additional threats to public safety or create nuisances. 5) The variance will not result in extraordinary" public expense. 5.1.79 0 1 • 6) The variance will not cause fraud on or victimization of the public. 7) The variance will not result in conflict with existing local laws or ordinances. 8) A determination that the variance is the minimum necessary to afford relief. 3/19/01 I 7,", 9! T = 11,111I IN@ , a 5.1 AO 0 Deprivation of reasonable return on property 0 Deprivation of all or any reasonable use 0 Rendering property valueless 0 Inability to develop property in compliance with the regulations 0 Reasonable use cannot be made consistent 3/19miwith regulations fors �Swmlg -- - ---- ANSOJIUMI RPM - Insufficient Reasons for Granting a Variance 0 Less than a drastic depreciation of property 0 Convenience of property owner • Circumstances of owner not the land ® To obtain better financial return 0 Property similar to others in neighborhood • Hardship created by owner's own actions 3/19/01 45 51.82 11ppit F;vP 60.6(a)(1) "Variances shall not be issued by a-cornmunity within any designated regulatory floodway if any I I increase in flood levels during the base flood discharge would result." Z:� 60.6(a)(2) "Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of paragraphs (a)(3), (4), (5) and (6) of this section." C:I 60.6(a)(3)(i) "Variances shall only be issued by a community upon..." 60.6(a)(3)(11) "A determination that failure to grant the variance would result in exceptional hardship to the applicant." 60.6(a)(3)(M) "A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing local laws or ordinances." 60.6(a)(4) "Variances shall only be issued upon a determination that the variance is the minimum necessary, considering, the flood hazard, to afford relief." 60.6(a)(5) "A community shall notify the applicant in writing over the signature of a community official that... SM-5-96 FIAII4F4xIW�, , R romarowsmamm Nam"mAng 60.6(a)(5)(i) "The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and," 60.6(a)(5)(H) "Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph (a)(6) of this section." 60.6(a)(6) "A community shall..." 60.6(a)(6)(i) "Maintain a record of all variance actions, including justification for their issuance, and," 60.6(a)(6)(H) "Report such variances issued in its annual or biennial report submitted to the Administrator." 60.6(a)(7) "Variances shalt I be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that... 60.6(a)(7)(i) "The criteria of paragraphs (a)(1) through (a)(4) of this section are met, and" 0 0 60.6(a)(7)(H) "The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety." SM-5-97 dow 'r is «ir• r :n 4 ir.« �r =« " i t i � •vr • ; • r• l: ••r MW : •i f f ' i , . ri • • rt� • i i . ' #. it • • : N • •• i t - fr 4_ n r i • f • r • • • n • r • M • : ti • • r • M: r • ••1 f« 4 r •4 • • is • i f • i • r : •• r •r:• i' •. is • '� i i : • rr i • • • -,s e Kom • • f R i • i /V r='r r ggcr- the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in para.- graph (a)(6). of this section; and (6) A community shall (4 «-maintain, a record oCall .variance actions, includ- ing justification for their issuance, and (it) report such variances issued in its annual or biennial report submitted to the Administrator. (7) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a • functionally dependent use provided that (1) the- criteria of paragraphs (a)(1) through (a)(4) of this section are met, and (it) the structure or other development is protected by methods that minimize flood damages during the base flood and create no ad- ditional threats to public safety. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Thomas and Priscilla Louis PROPERTY OWNER: Same LOCATION: 5399 Downs Road LEGAL DESCRIPTION: Lot 1, Block 1, Green Addition EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: 0.40 acres, more or less Vacant "AE" - Special flood hazard areas inundated by I 00-year flood SURROUNDING ZONING: RS (Residential Single family Dwelling) District RS RS RS Neighborhood Growth Unit None Downs Road - local street with 60'wide right- of-way and 16' pavement width; Greenmoor Lane - local street with 60' wide right-of-way and 16'pavement width Open ditch Downs - 8" water line Greenmoor - 2 1/4" water line Downs - 10" sanitary sewer line Greenmoor - 6" sanitary sewer line GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #5, 6375 Walden Road. ADEQUAC OF SERVICE: Services are adequate.