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Home My WebLink AboutPZ2021-139DATE: June 3,2021 TO: Board of Adjustment FROM: Demi Lancy, Senior Planner SUBJECT: To consider a request for a Variance to the required minimum front and rear yard setbacks for a main structure to be reduced from 25' to 3.5' and minimum pavement setback to be reduced from 2' to 0' in all RCR (Residential Conservation Revitalization) District. FILE: lIZ2021-139 STAFF It POI(r Lernoine Disaster Recovery is requesting a variance for the property located at 1475 Wall Street. Tile property is zoned Residential Conservation Revitalization (RCR) and therefore requires a 25' building setback from the front property line for a main structure. The applicant is requesting a variance to the front yard setback to be reduced fi-orn 25' to 3.5'. Additionally, they are requesting a variance to the minimum pavement setback to be reduced from 2' to 0'. Please see the site plan located in your packets for a visual reference of the aforementioned. Lernoine Disaster Recovery is a Louisiana -based company. They have participated in the General Land Office (GLO) Disaster Recovery Program to facilitate building structurally sound homes and mitigate future flooding hazards for citizens' hornes that have been affected by natural disasters. 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 tile 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 frorn 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 the cast 50' of Lot 84, Block 7, out of the Blanchette I" Addition, Beaumont, Jefferson County, Texas, containing 0.0574 acres, more or less. GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT: Lemoine Disaster Recovery PROPERTY -OWNER: Betty Gants LOCATION: 1475 Wall Street EXISTING ZONING: RCR (Residential Conservation Revitalization) PROPERTY SIZE: —0.0574 acres more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RCR (Residential Conservation Revitalization) EAST: Residential RCR SOUTH: Residential RCR WEST: Residential RCR COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Wall Street - Local street with a 55' right-of-way and 2 P pavement width DRAINAGE: Open ditch WATER: 2" water line SANITARY SEWER SERVICE: 12" sanitary sewer line PROPERTY OWNER NOTICES SENT WITIJIN 200' HOANG PETER T TRAN JESSICA LIEN & ARELLANO RUBEN MARTINEZ JIMENEZJOSE SOUTH PARK CYCLE LLC GUZMAN ESPERANZA ETAL SOUTH PARK CYCLE LLC SOUTH PARK CYCLE LLC MODE ROBERTS GANTS BETTY NGUYEN TU PADILLA BLAS L & NANCY HOANG PHUNG & HONG KIM CAMPBELL DIANE CAMPBELL DIANE RUBIO LINDA LEDAY EUGENE JR HOANG PHUNG & HONG KIM DIOCESE OF BEAUMONT REYES FAMILY INVESTMENTS LLC BEAUMONT Plamn|ng & CommunihvDevelopnnent Case TypePlamninQand Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Demo existing home and rebuild new TX Case #:PZ2O21-i30 GL0homm Location: 1475WALL SJ,BEAUMONT.77701 Initiated On: 4/202O2i 8:01:30PM Individuals listed on the naconY Applican Len)ona Disaster Recovery 12503Gulf Freeway Houston, TX 77034 Lomoine Disaster Recovery 12E@3Gulf Freeway Houston, TX77O34 PropertV Owner Betty Mathews 1475Wall Street Beaumont, TX777O1 Type cfVariance: Legal Description That the granting of the variance will not bacontrary tothe public interest That literal wnfuroemenofthe ordinance will result inunnecessary hardship That bygranting the variance, the spirit of the ordinance will b*observed and substantial justice will hedone Case Type: Planning and Zoning Variance AGREE AGREE AGREE Home Phone: 337-88A-51OO Work Phone: Cell Phone: 832'794-8968 Home Phone: 937-8B0-5180 Work Phone: Cell Phone: 832'794'8888 Home Phone: 4Oy-466-1213 Work Phone: Cell Phone: Page 1o/1 VARIANCE APPLICATION FORM BEAUWlC}0T,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 ofthese conditions |nthe space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for ovariance have been mnmt). Except asotherwise prohibited, the Board is empowered to authorize nvariance from u requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been nnet: CONDITION A: That the granting of the variance will not be contrary to the public interest. Comment: The granting of this variance will not be contrary to the public interest. 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 orowner's own actions, Comment: Due to this lots narrowness and shallowness, enforcement of the ordinance will result in unnecessary hardship, and the GLO will not be able to provide a new home. CONDITION C: That hvgranting the variance, the spirit ofthe ordinance will beobserved and substantial justice will be done. Cmnnn granting this variance, the spirit of the ordinance will be observed and justice will be done. LEMOINE DISASTER RECOVERY, LLC 1906 Eraste Landry Road, Suite 200 i Lafayette, LA 70506 DISASTER RECOVERY TO: City of Beaumont FROM: Alexandra Pallis RE: Variance Request for 1475 Wall Street, Beaumont TX 77701 DATE: 4/20/2021 We would like to request a variance for the property located at 1475 Wall Street in Beaumont, Texas. We will be removing the existing home and building a new home on behalf of the TX GL.O. The existing home currently sits on a 50' X 50' tot and is not in accordance with the existing setbacks. We do not offer a house plan that will fit within the city's setbacks. The only two options we have is our Weston Plan and our Hibiscus Plan. 1. Weston Plan -2 Bedroom/2 Bathroom, 1144sf.,43'x28' 2. Hibiscus Plan -2 Bedroom/1 Bathroom, 1231sf., 31 X 39'-8" We will also be adding the following: 1. New ADA Parking Pad (14 x 20) 2. Lift to support elevation of 3.0' GENERAL NOTES I. THIS PROPERTY IS SUBJECT TO ADDITIONAL, EASEMENTS OR RESTRICTIONS Of RECORD. 2. THIS PLAT IS FOR EXCLUSIVE USE BY CLIENT, USE BY THIRD PARTIES IS AT THEIR OWN RIM 3. DIMENSIONS FROM HOUSE TO PROPERTY LINES SHOULD NOT BE USED TO ESTABLISH FENCES. 4. 71 [IS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 1,000,000+ FEET. 5. THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT 114 10,000+ FEET AND AN ANGULAR ERROR OF 7 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING nIECOMPASS RULE. 6. EQUIPMENT USEO:TOPCON APLI TOTAL ROBOTIC STATION. 7. BENCHMARK ESTABLISHED USING OPS WITH OPUS RS CHECK. DATUM IS NAVD'88. 8. SURVEY PREPARED WITHOUT T14E BENEFITOF TITLE, ADDRESS: 1475 WALL STREET AREA: 2,500 S.F. — 0.057 ACRES RECORDED IN: VOLUME 1, PAGE 25 GOVERNING AUTI IORITY: CITY OF BEAUMONT FLOOD DETERMINATION: THIS PROPERTY IS LOCATED IN FLOOD ZONE X'ACCORDINO TO THE FENIA Fini MAP # 4954570020C, DATED 09106Y2002, V_STON VLDDR F-IM PP -' IM' LEGEND: ROTOS- Rtbsr to be Sat CL-CtnrerLI.t BAY. Right of Way APL. Approximate Properly Fine III, Building Line DE- Drainage Postortnt VE- Utility Easement ESNIT. Easement EDP- Edge ofPsaytortat Wit- NN,.t,e HeAt, r(H). Existing Met Wis. —X— Fence 0--T,,e M-.Air Conditioning Unit -Electric Meter Fla -Gas Meter Clraw Out -WiterNItter f,r -NN'.tsr Valve V -Fire Hydrant @ -Manhole trf-Curbtnitt tb -Telephone Pedestal -Cable Pedestal -Electric,alBox Qu -Light Post -s' -Power Pole —0HP—OvvFbtsd Power Line 20, IG 01 20' GRAPHIC SCALE: 1 20' uu D7 EXISTFA E -0; MAIN DWELLING: 914SF PORCH: 104 SF GARAGE: SF SRED,. t44SF OEMM SE DRIV11CONCRETE, $F GRAVEL: 5F rpxcr. 207LF CARPORT, SF CONCWALK WAY: 1112 SF MAY OPINION, THIS PLAT IS A CORRECT REPRFSENTXI ION OF THE LAND PLATTED AND HAS BEEN PREPARED WITHIN THEMININILI'M STANDARDS AND REQUIREMENTS OF LAW. Signature Sheet Number— PZ- )2n Signature Current Property Owner- print Name Current Property Owner - Current Property Owner-, Agent Signature Signature Print Name Print Name Print Name Date Date (if applicable) Signature Date File PZ2021-139: To consider a request for a Variance to the required minimum front and rear yard setbacks for a main structure to be reduced from 25' to 3.5' and minimum pavement setback to be reduced from 2' to 0' in an RCR (Residential Conservation Revitalization) District. Applicant: Lemoine Disaster Recovery 0 100 200 Location: 1475 Wall Street I I -I-Fee t