HomeMy WebLinkAbout496-BADATE: May 1, 2003
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance to the required rear yard building setback from 25' to 15'
FILE: 496-BA
STAFF REPORT
Chuck King, King Homes, Inc., is applying for a variance to the rear yard building setback for
a home to be constructed at 3 110 Brownstone Place.
The subject property is on a curve of Brownstone Place, thereby creating an odd -shaped lot.
In an RS District, the Zoning Ordinance allows the 25' rear building setback to be reduced to
15'provided no accessory buildings of any type shall be permitted to be located in the reduced
rear yard.
In this particular situation, a garage is proposed 2.5' from the rear and side property lines. An
accessory building may be placed 2.5'from the side or rear property line provided that it cover
no more than 60% of the rear yard.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for a variance have been met.
Exhibits are attached.
I a a an- m grell V I W rany
Notices mailed to property owners 12 .
Responses in Favor . Responses in Opposition
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1465 MWI. 96 South HBASETX
(umberton, O'exas 77657
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(409) 751-0171
(409) 751-6643
The variance will enable us to put a comparable house for the
neighborhood on an odd shaped cul-de-sac lot without interfering with
the schematics of the house and property.
The rear property line will be used more so as a side property line.
We feel that the plot plan is a good design for the house and
appearance of the neighborhood.
We do not feel that the variance will affect the house or the
neighborhood in a negative way; it will only enhance the
neighborhood.
Sincerely,
g
in Chucwir
King Homes, Inc.
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 following 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.
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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,
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CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done,
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's signature: —Date: 0 V- / o - o
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Chuck King, King Homes, Inc.
PROPERTY OWNER: King Homes, Inc.
LOCATION: 3 110 Brownstone Place
LEGAL DESCRIPTION: Lot 6, Brownstone Estates
EXISTING ZONING: RS (Residential Single Family Dwelling)
District
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES
NORTH: Residence
EAST: Residence
SOUTH: Residence
WEST: Residence
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
DRAINAGE:
WATER:
SANITARY SEWER
SERVICE:
FIRE PROTECTION:
ADEQUACY
OF SERVICE:
0.22 acres, more or less
Vacant
"X" - Areas determined to be outside 500-year
flood floodplain
SURROUNDING ZONING:
RS (Residential Single Family Dwelling) District
RS
RS
RS
Stable Area
None
Brownstone Place - local street with 50' wide
right-of-way and 27'pavenient width
Curb and gutter
6" water line
6" sanitary sewer line
Fire protection is provided by Station #4,
Gladys at W. Lucas.
Services are adequate.