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Home My WebLink AboutPZ2021-150DATE: June 3, 2021 To: Board of Adjustment FROM: Den-ii Laney, Senior Planner SUBJECT: To consider a request for a Variance to the required minimum front yard setback for a main structure to be reduced from 25' to 21.62' in an R-S (Residential Single -Family) District, FILE: PZ2021-150 STAFF REPORT' Akram Khalil is requesting a variance for the property located at 3890 Holland Drive, The property is zoned Residential Single -Family (R-S) and therefore requires a 25' building setback from the front property line for a main structure. The applicant is requesting a variance to the rnininnin-i front yard setback from the front property line for a main structure to be reduced from 25' to 21,62. This house has been constructed without the benefit of an approved site plan that accurately displays the setback dimensions. Mr. Khalil originally submitted drawings for au addition to the home and was issued a permit. Our inspectors posted a stop work order when they realized the contractors were demolishing the existing Structure and Constructing a new house. Mr. Khalil has been taking the necessary steps to resolve this situation to come into compliance since the stop work order was posted. He was required to produce an elevation certificate because the new corlStllldiOu was located in the AE floodplain. He also had to produce building plans to reflect the new construction; both have been approved except the site plan. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; 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 hardship 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 actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners —20-,,-.,. Responses in Favor Responses in Opposition LEGAL, DESCRIPTION Being Lot 1, Block 1, out of the Russell Place Addition, Beaumont, Jefferson County, Texas, containing 0.447 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Akrarn Khalil PROPERTY OWNER: Ma Inielda flerdandez LOCATION: 3890 Holland Dr EXISTING ZONING: RS (Residential - Single Family) PROPERTY SIZE: —0.447 acres more or less EXISTING LAND USES: Residential FLOOD I WARD ZONE: AE — Area determined to be inside the 1% annual chance of flooding SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial NC (Neighborhood Commercial) EAST: Residential R-S (Residential Single -Family) SOUTH: Residential R-S WEST: Commercial GCMD (General Commercial Multiple -Family Dwelling) .C.O.M-PRE.J.-JENSIVE PLAN: Stable Area STREETS: Holland Dr — Non -Major street with a 60'right-of-way and 24' pavement width 23 d St — Major Collector street with a 65'right-of-way and 22' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNER, NOTICES SENT WITHIN 200' TRISTAN MA-IMELDA HERNANDEZ POLK STEPHANIE C DOTSON KYLE S CHAP FERNANDO CHAY CAB HOLDINGS LTD HERNANDEZ IMELDA & JUDYTH MAGANA HOPE CENTER FOR CRISES PREGNANCY MORALES JORGE ALONSO RICHARD REVIA M ARMSTRONG SELVIN VERDE JOSE ANTONIO SILVER SPUR ASSETS LLC GTI INVESTMENTS LLC SIMON GUSTAVE & FAITH CASTILLO MIGUELA& DULCE R E&ZLLC PROVOST LEONARD BRADLEY LESLEY BLOOD & PLASMA RESEARCH I USORO ANIE Case Typa:Pbnningand Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Request for Variance Case #:PZ2U21-1SO Initiated On: 5/1i/2021 2:0217PM Individuals listed onthe record: Applicant Akram Khalil P0Box 283 Beaumont, TX777O4 AkmmKhm0 POBox 283 Beaumont, TX777O4 Propedy Owner Home Phone: Work Phone: Cell Phone: 4OA2253537 Home Phone: Work Phone: Cell Phone: 4OS2253G37 Ma|meldoHernandez Home Phone: 18ONorth 23rdSt Work Phone: Beaumont, TX77787 Cell Phone: (4OQ)454-S033 Type of Variance: Legal Description That the granting ofthe variance will not be contrary to the public interest That literal enfonmmenofthe ordinance will result |nunnecessary hardship That by granting the variance, the spirit ofthe ordinance will beobserved and substantial justice will badone RIM Variance NO NO YES Case Type: Manning and Zoning Page 1ofi VARIANCE APPLICATION FORM BEAUMONT, TEXAS 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. ('File applicant has tile burden of proof to demonstrate that all three of the conditions necessary for a variance have been inet). 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. Comment: The variance to allow the original addition to i-enjuin as already constructed (1.6feet beyond the 25foot building set back line) will not be eontim), to the public interest. The approval of this variance will not negatively impact the neighborhood or jeopardize the safety of the motorists. Furthermore, the house sits oil a corner lot. D-go, aesthetically, the 1.6feet of advancement past the 25foot Building set back line does not affect the look of the neighborhood nor does it interfere with the way the remaining homes sit in theh, resIvetive lots. Moreover; since the home is two-story, it has a bonus area that features a projection also bqond the building line that is subject to the variance request as well. Itpi-ojects by only 3.54ftetpussed the same 25,foot building set back. This projection is as./anctional as it is aesthetic and gives this beautiful home oil the corner lot all the more character & curb appeal. CONDITION B: That literal enforcement of tile ordinance will result in unnecessary hardsbip v5pecially financial, Comment: The owner- and hoer- family were displaced out q her-primaryresidence due to the unfortunate flood during 'f Hurricane linelda. What started off as a total repair resulted in the total demolition of her home and to stall back front ground zero. n make mallei-s )Poy-se the sub -contractors did not adhere to the foundation plan and made a costly mistake by a very small mar -gin if the variance is to be enforced. So as to further complicate things, the upstah-s porlion slightly projects passed the property line resulting ill all added financial dilemma if it is to be corrected to meet file variance guidelines if they are to be strictly enforced. This is due to the fact that the home is in the framing stage now. All the delays and the unexpected damages that lead to the demolition along with the demolition itself has added much stress oil the family. If the panel )would be so generous and grant the request for variance, we call by to (10 our best to help this funnily get back in their home. Also worth noting that the insurance company is another- battle andpay-1 of the mason this project is still on going. This is all earth-ely unfin-eseen ch-cumstance that too has financially burden the fancily. All these above statements are unfortunate events that strain the family. The misfortune & hardship is not a resultfromthe applicant or, owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Comment: The faith of this family rests in your hands. By granting the variance, there is no harm to any human, plant or animal life or concern. for safety. The decision will not affect or cause damage to atkyones property. There will not be any issues to the cosmetic nature of the architectural order of the neighborhood nor its beauty. The decision of granting the variance will yield a new home that will further enhance the community attractiveness and uplift, the area with a positive spillover. From: Akrarn Khalil To: City of Beaumont Re: Variance Request for 3890 Holland Drive Beaumont, Texas 77707 May 10, 2021 The existing ]ionic located at 3890 Holland Dr. in Beaumont, TX 77707 (owned by Mrs. Ma- Irnelda Hernandez) was severely damaged and completely flooded by Hurricane linelda in 2019. Originally, a city permit was acquired for the home to be repaired. Due to the extensive repairs, the owner decided they would like to expand the home since the project was already heavy in construction. A set of windstorm engineered drawings for the addition were submitted and approved by the City. During the construction of the addition, the concrete contractor did not follow the plans accordingly and extended the addition on one comer by approximately 1.6 feet outside the building setback line. Later in the repair phase of the project, we discovered sever termite damage that compromised the integrity of the structure and warranted that we demolition the entire home with the exception of the addition. So again, we drew up a new set of floor plans and windstorm engineered drawings to propose to the city for a totally new home to be reconstructed on the already existing slab which will now also be modified and re -enforced. The city has reviewed and rejected the latest submitted set of plans because the concrete contractor did not follow the original plan for the addition and hence the structure is extended 1.6 feet beyond the 25 foot set back building line. The owner is requesting a variance to allow the original addition to remain as already constructed, 1.6 feet beyond the 25 foot building set back line. The approval of this variance will not negatively impact the neighborhood or jeopardize the safety of the motorists. Furthermore, the house sits on a comer lot. Ergo, aesthetically, the 1.6 feet of advancement past the 25 foot building set back line does not affect the look of the neighborhood nor does it interfere with the way the remaining homes sit in their respective lots. Moreover, since the home is two-story, it has a bonus area that features a projection also beyond the building line that is subject to the variance request as well. It projects by only 3.54 feet passed the same 25 foot building set back. This projection is as functional as it is aesthetic and gives this beautiful home on the comer lot all the more character. In conclusion, your approval of this variance request will eliminate any financial loss to the owner and will be highly appreciated. Much gratitude, Akrarn Khalil (AK) File PZ2021-150: To consider a request for a Variance to the required minimum. frontyard setback for a main structure to be reduced from 25' to 21.62' in an R-S (Residential Single -Family) District. Applicant: Akram Khalil Location: 3890 Holland 0 100 200 L_ I I Feet A