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468-BA
DATE: February 7, 2002 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 25'fi-ontbuilding setback requirement of Chapter 30-2513- I to allow a 19' 8" front yard at 11340 Edgewater Drive. 6100LW Jerome Vogel, the applicant and property owner, is requesting a variance to the 25' front yard requirement in order to move his house forward on his lot. Mr. Vogel has experienced extensive erosion on the rear of his property from Pine Island Bayou. The erosion has damaged his rear yard to the point that his house is undermined and sinking. Mr. Vogel states that lie has consulted several foundation companies and engineering firms which recommend that the moving of the house is the only alternative to saving the house. The house Currently sits approximately 3 P from the property line. The house would be moved approximately I P, thereby encroaching 5'4" into the setback. Mr. Vogel's property is at the end of Edgewater Drive, next to the Big Thicket Preserve. His house currently sits back further than the house next door. 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 10 . Responses in Favor . Responses in Opposition -. TO: Board of Adjustment / City of Beaumont In regards to the application for a variance per section 30-25B concerning my single- family dwelling located at 11340 Edgewater (Pine Island Estates unit 1 LIO BLK 0 PT L8 BLK P TR 1). 1 am requesting a variance from the 25'minimum (dwelling to property line) requirement per Code section 30-25B due to the erosion of my rear property from the rise and fall of the Pine Island Bayou. The repeated result of this erosion process has damaged my rear yard to the point that my house is undermined and sinking. I have consulted several foundation companies and engineering firms which recommends this is the only alternative to save my dwelling. I would appreciate your consideration and help in resolving this issue. The attached site plan shows the present and proposed location of my dwelling if this variance is approved. This proposed site plan would only move my existing home approximately 51 into the 25" area also there is a wide easement and ditch before the street. My property is located at the end of a dead end street that adjoins the Big Thicket Preserve. On a personal note I was born in Beaumont Texas and am proud of our city and would like to be able to restore my home here. Edgewater Drive, in my opinion is one of the most attractive residential streets with Pine Island Bayou as a back drop. Please help my family continue to enjoy our home and neighborhood. Sincerely, Jerome Vogel ;` rt S s `v VARIANCE sUPPLEr�ENT�►i, a.�:rFL�cATxan FaRM BEAUMONT, TEXAS (CaDES SE"CTION 34-37 E 3) � The Board of Adjustment has the power to grant yartances � � where the following listed conditions have been rivet. ,> 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 cif the conditions necessary for a variance have been met). Gr✓ a a a �"*' y' are e; t , 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 ` Mowing conditions hag beerimet: r the fo CONDITION A: That the granting of the variance will not be contrary to the public interest. tic t,% a c d J" r That rdinranee will result unnecessary CONDITION B: t literal enforcement of o hardship because of exceptional narrowness, shallowness, shape topography orother 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 d the hardshi! aM 0 stµriot result fr©rri'the`atiplicant (ora�%to convenience, financial e pro itsetfas distin shed from a ''It, re considerations or caprice, an er's own actions. M 1 ,,4. � yid e--XP6C.7" —ra CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. 67 a� A/fir I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signa Date: 1 fRS LE 411-BA: Request for a variance to the 25' building setback requirement in an NORTH (Residential Single Family Dwelling) district, to allow a 19'8" setback. cation: 11340 Edgewater Applicant: Jerome Vogel SCALE 1"=200' 6 3 LO 0 z 06 LO I cr) A3AHnS A INRX3 Q, u w u z > M C3 uj w NIV (-�� yr V CC) ... J n, JO IN31X3 A3AHnS llq6 wa GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jerome Vogel PROPERTY OWNER: Same LOCATION: 11340 Edgewater Drive LEGAL DESCRIPTION: Lot 10, Block 0 and Part of Lot 8 Block P EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Pine Island Bayou EAST: Big Thicket Park SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Tract 1, Pine Island Bayou Estates, Unit I RS (Residential Single Family Dwelling) 0.42 acres, more or less Residence "A" and "B" - 100 year and 500 year flood zone SURROUNDING ZONING: Outside of City RS (Residential Single Family Dwelling) RS RS Neighborhood Growth Unit None Edgewater Drive - a 60' wide local street with a 16'wide pavement. Open ditch Existing Existing Fire protection is provided by Station #14 8250 Old Voth Road. Services are adequate.