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Home My WebLink About482-BADATE: November 7, 2002 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance from the 20' front yard setback requirement to 9'. FILE: 482-BA STAFF REPORT Steven Talalis, the applicant and property owner, wishes to construct a 40' x 80' metal building at 5675 Indian Trails. Mr. Talilis lives next door at 5665 Indian Trails. Mr. Talalis applied for a building permit on September 23, 2002. The site plan shows a 40' x 80'building at a 25' front building setback. The permit was approved at that dimension. At that time, Mr. Talalis was informed that with the required 15' rear yard and the 25' front yard (as shown on the site plan), he would not be able to build an 80'long building. On September 24, a building permit was issued as per the site plan. On October 14, 2002, a building code inspector made a foundation inspection on the subject property. At that inspection, it was found that the yet to be poured foundation was too close to the front property line. The foundation was red tagged. On October 23, the building code inspector made a routine inspection and found the foundation had been Poured. At that time, a stop work order was issued. Mr. Talalis states that the building will be behind other structures built behind other properties on the same street. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 30 Responses in Favor . Responses in Opposition 'VARIANCE SUPPLEMENTAL"PLICATION 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. 1%a1-e S-�-e 4 de,/ '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 owners own actions. /2a1-e 5-ee CONDITION S: 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 TA CONDITIONS STATED ABOWE. Von, Steven S. Talalls 5665 Indian Trall Beaumont, TX 77713-9537 Condition (A) The addition of the building to the lot will increase the appraised taxable value of the property substantially. The proposed metal building will not encroach upon any other properties owned by ether individuals. The front of the building is well behind other structures built on other properties on the same street. (Carports, Mobile Homes and Room additions). A dilapidated mobile home was removed from the public view and hauled off that was beyond repair. A new metal building proposed for this site has been designed by a registered engineer in the State of Texas and will meet all building codes. M 1 • Please refer to the attached Plot Plan that shows the building adjacent to other structures and setbacks. The proposed building is well within property lines; additionally, other mobile homes and carports have been set within the so-called 25 foot set back that the city officials have adopted. The original mobile home that was removed from this lot also sat inside this 25 foot set back. . With the front set back rule and the back utility easement this would give the property only 76 feet of usable length to install any structure on this property of the original 108 foot of property length. Condition 0 I ask the board at this time to grant me Variance on my property to the front set back line as proposed. I seek nothing that has not already been established on my street -according to other structures set forth. I hope this building will be an asset to the continuing upgrades to properties in our community. Thank you for your time in this matter, Sincerely, Steven S. Talalis Owner Steven S. Talalis 5665 Indian Trail Beaumont, TX 77713-9547 1=011,eN 2141 PUB (,ddHV.L) ,� P& v i;ru Al I 0 Steven S. Thialls 6665 Indian Trail Beaumont, TX 77713-9537 S-G 7C v ej e., eel eel e* Xtc� 7, T 00 a I - ,5-s! X3. 0 U, 2 9A BEAUMONT TEXAS 11-m -1 Building Codes Date: To: Subject: 10/24/2002 Boyd Meier, ,#enneth Southerland, City of Beaumont, Texas Plans Reviewer Code Inspector I Inspection made at 5665 Indian Trail COMMENTS I made an inspection at the above mentioned address on 10/14/2002. The inspection was for a foundation to go in for a 40'x 80'metal building. The preparation for the fdn. was okay. Upon further inspection, I found the front of the fdn. to be too close to the property line. The setback for this portion is 25, the fdn. measured 8' 3". 1 informed the owner as to the problem. He argued with me that I was not measuring correctly. I explained to him again, the City's requirements and gave him a red tag and told him that he could not pour the fdn. I made a routine inspection of this address on 10/23/2002 and found that the fdn. had indeed been poured. I checked with the office to see if there had been an inspection or variance at this site and they informed me that there had not been one since I had last been there. I issued a Stop Work Order at the site. The owner came out to meet me and told me that he had a variance. I asked him to show it to me and then he said that he was going to go before the board in November. I explained to him what the SWO meant and he told me that it didn't matter. He said that the fdn, was already poured and the building was on its way. He said that the City didn't have any choice, but to allow him to build. He said that it would be even with the other buildings on the street. I explained to him that there are no other buildings on the street, that there are only trailer houses there. There was a permit N 2. 02-3321 issued and posted on the site, but the plans were not on the site because they had not been approved. FILE 48_2-BA: Request for a variance to the 20' front yard setback requirement to 91. NORTH Location: 5675 Indian Trail A& I SCALE 'Applicant: Steven Talalis 1 11=200' r i --------- �7 7CV '76X TOLIVAR ROAD :k 6C "X /os 60 9d 60 9f �// 60 roe p r jo0. 4 of t , ti jr r J'7 '1 �X O A&V b 4 P gALLPINE ST, is zt Till 4 41 UV 4 IV 11 1 1 1 Z 4VO 8 40 8 sit Al 5 4 JIP 2 4 AM 5 1 w (0) LZ Z Q 0 it V 03 0 < 12, 4 w Z 10 ,to 10 X it 120 /1?0 1,' It* ! s , rr o rs M U-- h rr a 17 14 Ic AV "o if is 4" 1241 14 J4 J4 '7*76V RIDGEOAK ST. m t 54 6.6 440 5/9 C5 ' AIL� 4N Of j '? so FJ�4_5d 60 �Sr 6,5 65• 73 65 r P - Rs - S m I GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Steven Talalis PROPERTY OWNER: Same LOCATION: 5675 Indian Trails LEGAL DESCRIPTION: Lot 14, Block 3, Western Hills Unit 4 EXISTINGZONING: GC -NM (General Cominercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.136 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential GC -MD (General Commercial -Multiple Family Dwelling) District EAST: Residential GC -MD SOUTH: Residential GC -MD WEST: Residential GC -MD COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: Concrete slab STREETS: Indian Trails - a 60'wide local street with a 27' wide pavement. DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 8" water line GENERAL INFORMATION/PUBLIC UTILITIES continited FIRE PROTECTION: Fire protection is provided by Station #8, 6297 Highway 105. ADEQUACY OF SERVICE: Services are adequate.