HomeMy WebLinkAbout473-BADATE: February 7, 2002
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance to the 15' rear yard requirement of Chapter 30-25 (b) to allow
a 13' 4" rear yard at 435 27"' Street.
FILE: 473-BA
611 .01 a H
Donald Famie, the applicant and property owner, is requesting a variance to the 15' real- yard
requirement in order to rebuild his house.
Due to a mold problem caused by the flooding of his previous house in 2001, Mr. Famic had
to demolish the house he was living in at 435 27"' Street. He would like to rebuild a house of
comparable size and at the same address. Because of the preferred orientation of the house on
a comer lot, Mr. Farnie is having trouble fitting the house on the property under current
regulations.
The Zoning Ordinance's definition of the rear yard on comer lots shall be considered as parallel
to the street upon which the lot has its least dimension. In this case the rear yard is along the
north property line even though the house will face 27t" Street. In RS Districts, the Zoning
Ordinance allows for a reduction of the 25'rear yard to 15' provided no accessory buildings of
any type are located in the reduced rear yard.
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 21
Responses in Favor . Responses in Opposition -.
Donald Farnic
435 27"' St.
Beaumont, Texas 77707
409-755-0383
City of Beaumont
Planning and Zoning
Dear Sirs,
I am applying for a variance to build a new home on our existing property.
On June 7, 2001, our home flooded in the terrible rainstorm that inundated our city. During the
dry out of the house it was found that there was, also, stachbotrys mold throughout the entire
house. We felt that the house was not worth putting more money into seeing as we had already
flooded two other times. We then decided the only way to handle the situation was to demolish
the house, build up the foundation and then start again. We were hoping that by building higher
we would eliminate the possibility of future flooding.
We like living in Beaumont and especially in our neighborhood. The neighbors are great and we
have easy access to every place in town.
We have selected a house plan that is comparable to our former home in size and approximate
shape. Our problem is that the plan is about two foot to wide on the 27 Ih St. side.
We do hope that you will grant our variance so that we can get on with our lives and not be
inconvenienced by our commute from out of town to our jobs here in Beaumont.
T you,
Q A.,
Donald Farnie
VARIANCE SUPPLEMENTAL APPLICA'riON 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 rn,-t
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 empowercdto 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:. (at th Tan n of the v riance will not be contrarvt V . p t�e pub is intereq-
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CONDITION B: Tat aliteral 4ernfoleement the o;dinance 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 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.
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I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE,
Applicant's signature. Date:
..... .. .... ......................
FILE 473-BA: Request for a variance to the twenty-five foot (25') rear yard setback NORTH
requirement in an RS (Residential Single Family Dwelling) district, to allow for a
house to be built 1314" from the rear property line.
Location: 435 27'h St. SCALE
IApplicant: Donald Farnie V=200'
WEST BROADWAY AVE,
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Donald Farnic
PROPERTY OWNER: Same
LOCATION: 435 27"' Street
LEGAL DESCRIPTION:
Lot 2, Block 4, Broadway Place Addition
EXISTING ZONING:
RS (Residential Single Family Dwelling)
PROPERTY SIZE:
0,195 acres, more or less
EXISTING LAND USES:
Demolished house
FLOOD HAZARD ZONE:
"C" - Minimal Flooding
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Commercial
GC -MD (General Commercial -Multiple Family Dwelling)
EAST: Residential
RS (Residential Single Family Dwelling)
SOUTH: Residential
RS
WEST: Residential
RS
COMPREHENSIVE PLAN:
Stable Area
OTHER PHYSICAL
FEATURES:
None
STREETS: Broadway Street - a 60'wide local street with a
26' wide pavement, 27"' Street - a 60' wide
local street with a 26' wide pavement,
DRAINAGE:
WATER:
SANITARY SEWER
SERVICE:
FIRE PROTECTION:
•
Curb and gutter
Existing
Existing
Fire protection is provided by Station #4,
Gladys @ Lucas
Services are adequate.