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Home My WebLink About479-BADATE: May 2,2002 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 15' front yard requirement of Chapter 30-25 (a) to allow a 10.5' front yard at 4280 Simpson. FILE: 479-BA STAFF REPORT John Casmore, applicant and property owner, is requesting a variance to the 15' front yard requirement for a house under construction at 4280 Simpson. On a cul-de-sac lot, the Zoning Ordinance allows a front yard setback of 15'. When the Fleetwood Subdivision was platted, a 25' front setback was designated. The original site plan showed the house setback at 30'frorn the front property line. During the construction of the house, a mistake was made in staking out the foundation. The house was set 10.5'from the front property line. The applicant states that the house, as constructed, lines LIP with most of the houses on Simpson Drive. 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 19 . 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%ving 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 othenNise 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. 7-/k SeX6hc1<_ C>F- � F6Lt:T R�, Tl-,,— P12<)�� I fj (_, 4j I C (, c b d Fos- . Ulcer —1 'Y, o rk*— X. SO od 71V2-- 57k-l CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of cxccpfional 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 own&s own actions. f q (A��Pt A— C (A L— De'�,.S�A c- 7%t, OrUk— fA,�pza -r � t A rA6Pa44-1q A-t,�- - P16& kol,4,SR- / CONDITION : That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. /Yllmle< 9—Uhrck C)AI -iSPZCVA..�� IN A)owl_� mV,<a, rr ke,.-A r s mArc vvrJ to rkL ' oct c, L L,-o I AEREBY ATTEST THAT, TO THE BEST OF My KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. M .701 i �W 0 � - - - - - -- - - -- - - - - - - - - - - - - 20'UTILITY EASEMENT - -- - - - - - - -- - - - - - - - 81.83 - - - -- - - - - - - - - - - - - - -- -.�qrm -- - - - - - 45-11111 181-3111 IT-7111 2 21 k. I 101-011 171-711 lz 0 0 < m V) z < ry m ca Li _j r 0 1.1 2 3-011 11 Conc. Drive m a • 4230 Simrsoj m LD—l- ?-(o RLt>,-r,. 7 25' BUILDING, SETBACK 50'RADIUS A Z� 4280 SIMPSON DRIVE CLIENT: J HNNY CASM.QREBUILDERS G.F. NO. -- ...�.. SOT 1 ..._._ _ ...� ..._..... � SOT 2 CAPPED Cn"P 0 IRDN "0 (CALLED S 89'33'30" E - 82.30) IRON ROD S 89'41'28" E - 82.30 n, C. �ct- vll- I%4 L 'tiw O Ca 0 c m4 Z 1 .- H C w 1 w m a �� 20 CDO 4, yr J 0 z Q _ Q O m a z v 25' BUILDING-" SET BACK LINE O N O a) b Ito i w I C w a N z 4 wa <z U 12.9 20' UTILITY EASEMENT _ __„__ tO=EACH Sip _ BSI L O C K III 'o< LOT 26 M4 wi CONCRETE SLAB I cs y N vi W LOT 25 7. M < V I1.} a,o 10.9 „ 1n o n 1 .9 ro 4280 SIMPSON DRIVE I NUMBER DELTA IRADIUS JARC ITANGENT ICHORD ICHORD BEARING Ci 106'47'03" 150.00 193.19 167.31 180.27 IN 89'27'18" W cAucu 16- - — — NUMBER BEARING DISTANCE Ll IN 89'28'59" W 3.03 CA= I N E9'3Y}a"' W },a5 NOTE: T) THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE COMMITMENT DESCRIPTION OF SERVICES REQUESTED: LOCATE CORNERS AND SHOW IMPROVEMENTS SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION, SHOWING ALL IMPROVEMENTS AND ANY VISIBLE ENCROACHMENTS. AS OF APRIL 12, 2002 THE ABOVE TRACT BEING LOCATED AT 4280 SIMPSON DRIVE BEAUMONT TEXAS 77705 AND BEING DESCRIBED As COT 26, BLOCK 7 FLEETWOOD ADDITION } PACE OF THE RECORDS OF ..... COUNTY, TEXAS. As REcoRoeO IN vOLUME� 1S4 MAP JEFFERSON r IN ACCORDANCE WTH THE FLOOD INSURANCE RATE MAP, FEDERAL EMERGENCY MANAGEME14T AGENCY. COMMUNITY -PANEL NO. 485457 0040 C DATED .:3 „16-92 THIS PROPERTY LIES IN THE ZONE NOTED. LOCATION ON MAP DETERMINED BY SCALE, ACTUAL FIELD ELEVATION NOT DETERMINED. UNLESS REQUESTED. FITTZ & SHIPMAN. INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAID MAP. FLOOD ZONE (F.E.M.A,) R CENSUS TRACT 22 REVISION DATE WALTER J. KSIAZEK REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5321 DATE: 04-15-02 FITTZ 8c SHIPMAN FIELD INC. BOOK NO.: 02-04 CONSULTING ENGINEERS & LAND SURVEYORS JOB NO.: d2157.0060 1405 CORNERSTONE COURT BEAUMONT, TEXAS (409)832-7238 FAX (409)832-7303 �A • FILE 479-BA: Request for a variance to the building setback requirement for a front NORTH yard in an RS (Residential Single Family Dwelling) district. Location: 4280 Simpson Dr. Applicant: John D. Casmore SCALE • C 4 G At U9 60 6 7 F Pf PIERRE DR. 50 9 60 7 A 71j 9 -SIMPSO N DR, P 8 81 '90 14� P SIMON DR. 56 67,2 1 wt y 4: 0 ItZ, fa 146 zi 1z to GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: John D. Casmore PROPERTY OWNER: Sallie LUCA PION: 4280 Simpson Drive LEGAL DESCRIPTION: Lot 26, Block 7, Fleetwood Addition EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 0.22 acres, more or less EXISTING LAND USES: Single family residence FLOOD HAZARD ZONE: "B" - 500 year flood SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Residential RS WEST: Hillebrandt Bayou RS COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: Simpson Drive - a 60' wide local street with a 20'wide pavement. DRAINAGE: Curb and gutter WATER: 611 water line SANITARY SEWER SERVICE: Existing FIRE PROTECTION: Fire protection is provided by Station 1/10, 3855 Washington. ADEQUACY OF SERVICE: Services are adequate.