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Home My WebLink About423-BADATE: April 1, 1999 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a special exception to the front yard building setback regulations of Section 30-25 B. 1. as allowed under Section 30-37 E. 2. FILE: 423-BA STAFF REPORT Mr. and Mrs. Eddie Manuel wish to build a one-story brick single family residence at 2635 Hazel on a 50'x 150'RS zoned lot in the Oaks Historic District. They propose an 18 foot front yard as opposed to the required 25 feet. On March 8, 1999, the Historic Landmark Commission approved a "Certificate of Appropriateness" to build the 1,735 square foot house in the historic district, subject to the condition that the Manuel's submit an application to the Board of Adjustment for a variance or a special exception to construct the house only 18 feet from the north property line. The ordinance allows a special exception from the front yard requirements ..."where the actual front yard setback of an abutting lot does not meet the front yard requirement..." A staff member measured the front yard dimensions of the existing structures on either side of the lot at 2635 Hazel Avenue. The structure at 2631 (Lot 9) has an existing front yard depth of 22 feet. The yard at 2655 (Lot 11) was 28 V2, feet. The 22 foot setback on Lot 9 qualifies the applicant's request for an exception. A letter from the applicant explains why the exception should be granted, and that the approval will not adversely affect the neighborhood or be contrary to the public interest. The applicant has the burden of proof. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 22 . Responses in Favor . Responses in Opposition 1 HUNT C!IL CID,. ID •��1 rt;.a�...., ..� hf A P 10 ' �r'9 1 :43 N0,011 P,02 City of Beaumont Planning & zoning Department Building Cedes Section Gentlemen 10 March 1999 Eddie & Judy Manuel 2674 Hazel Street Beaumont, Texas 77702 RE: Application for variance from setback requirements. New construction. 2635 Hazel. St. Lot 10, Block 53, Averil.l Addn, Application is being made for variance from the setback requirements of the City of Beaumont building code. A new home is planned for construction at 2635 Hazel Street. Permission is requested to place the structure eighteen feet (18 1 ) from the front lot line, varying from the twenty-five foot (251) set}aack requirment of the node. The requested variance will result in the house being thirty-three feet from the curb. This spacing is in line with the prevailing front setbacks on the block where the lot is located, it is desired to maintain the visual harmony that exists on the street, especially as this homesite is within the Oaks Historic bistriat, Setting the new house farther back than the adjacent existing houses would disrupt this uniformity which has existed since construction of the nearby homes decades ago. A second reason for the variance request is preservation of a large oak tree on the rear portion of the lot. With the house placed as requested, the rear of the structure will be very near this tree. It is hoped to be able to avoid the destruction of the tree, as the old oaks of the neighborhood add quite a lot of charm and atmosphere, as well as farm part of the very basis for the Historic District. Thanking you for your time in considering this request, we remain Sincerely Yours, �7� K4 Eddie Manual Judy Manuel CITY OF BEAUMONT (CODES SECTION 30-37 E.Z) 1. INDICATE WHICH SPECIAL EXCEPTION IS BEING REQUESTED: (a.)_ To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (b.1)z An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations. (b.2) A yard exception on corner lots. (b.3)_ An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. (b.4) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regulation. (b.5) An exception from a minimum interior side yard setback requirement for owner identifications signs for existing businesses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the, view of an existing sign, building, or outdoor display area. (b.6) An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance. (c.)— To waive or reduce off-street parking and loading requirements when the Board rinds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. (d.)_ To grant an exception for ten (10) additional feet in height for an advertising sign, when in the Board's judgement, the sign at a lower height will block an existing sign or structure from view or itself be blocked from view. W.-I I z I I QLCJ M a, or VM V AIR APPLICANTS SIGNATURE- DATE: —21 J ?R1 I A' LOT 40 FILF,4 42343A: Request foi, a special exception to the front yaM setback regulations. NOUH Location: 2635 Hazel Avenue Applicant: Eddie &Judy Manuel -SCALE It av YO? IH. Y .10 I - - 17 1. - I. 0 ASHLEY AVE, Is Z W 0 LLI t.L1 ,rye 4, NE 0 j 0 M/4, 4,Q0 ?rH sr. J03 'Ir,44 I 37i 60 i 60 0 14 /0 v 0 T 0 x 4 Y I 56 4 IY /0 /o to f/ ZI r5 24 es to 1 Z), to 57,1 5G I 10 LONG AVE, SQ) "5 4 Y I I a 1.0 10 1-1 I?t 25 tf is If tr to Yo 2 L7"11,3 I10 - ! , I HARRISON AVE, 67A -40 AS 4 As It /I to 0 0 7 0 S 4 -Z. I Ir A# 19 I to ti ZZ tj 14 is to tr to -to .10 I HAZEL AVE. SUBJECT ?11 Ir /* It to el #t 1.7 4*4 m :0 or to to $0, NORTH ST, 57n3_0 m IS /I 1/ !0 S 0 r it 4 Q R 0, $0 J/ .19 50 -39 .50 11 It ;0 IqNG! .9; 30 o I., It' /I to 51 r m ir I At H448RISON At Ii 0 R7H ORMOVAY OQrMWAY O m SCALE VW - P•O * b z 0 FLu > U V) Lu -i ui I GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Eddie and Judy Manuel PROPERTY OWNER: Same LOCATION: 2635 Hazel Avenue EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 50'x 150' EXISTING LAND USES: Vacant lot FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences RS (Residential Single Family Dwelling) District EAST: "Hang It Up" frame shop RS SOUTH: Residences and offices RCR (Residential Conservation and Revitalization) WEST: Residence RS COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Hazel Avenue - Residential street with a 60' DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: wide right-of-way and a 30'pavement. The 18'proposcd front yard will leave 33'betwccn the front of the house and the curb of the street. There is an 18" storm sewer. There is a 6" water line in the street. There are 10" sanitary sewers in the street. Station #7, 1700 McFaddin Services are adequate.