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HomeMy WebLinkAbout411-BADATE: August 20,1998 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to the front yard setback regulations for a single family residence in an RS (Residential Single Family Dwelling) District at 4250 Cartwright Avenue (Section 30-25 B. 1.). The variance is from 25 feet to 11.1 feet. (Rescheduled from August 6, 1998.) FILE: 411 -BA STAFF REPORT Mr. and Mrs. Kevin Simien, the property owners of Lot 10 and the west 27 feet of Lot 12, Block 11, Washington Manor Addition, located at 4250 Cartwright Avenue, are requesting a front yard setback variance of 13.9 feet. The required setback is 25 feet. This would provide a setback of 11.1 feet. The property lies partially on a cul-de-sac at the east end of Cartwright Avenue where the street abuts the Hillebrandt Bayou, west of 114-10. A building permit was issued for the residence on April 23, 1998, Once the concrete slab foundation was poured, it was discovered that the contractor had encroached into the required 25 foot building setback a distance of 13.9 feet. The application for a variance was submitted to the Planning Division on July 14, 1998. The Building Official issued a stop work order on the house on July 24, 1998. The regulations pertaining to variances are found in Section 30-37 E. 3. The applicant shall have the burden of providing to the Board of Adjustment that the three conditions for granting a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 13 Responses in Favor . Responses in Opposition _. .3 E-1019 The Board of Adjustment 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. 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 or property 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. VARIANCE SUPPLEMENTAL APPLICATION FORM 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. (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 empowered to authorize a variance from a requirement of the Zoning Ordinance wlicn, 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. 0, VC.) 0'r\ , s4b n 'AL�> 14� bas U CL;�,:c -41L 0-4<.- CONDITION B, That literal enforcement of the ordinance will result in unnecessary hardship because cC 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. 16VA I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signat e: Date: AMMUM-M We feel that the house alone will be an attribute to this subdivision, because it fits the neighborhood's style, as fare as the architectural design elements we have incorporated into this house. The actual street is a dead end cul-de-sac adjacent to a canal. As far as the look from the road the actual garage sits back a little more than the neighbor that is one house down from 4250. The only problem is we have a cul-de-sac radius and they don't. We have made sure of the feet that we would make our home set a little further back than the house that is one door down. We have collected thirty one signatures from the neighbors in my subdivision; that is 50% of the subdivision to prove that we are worthy of the set back encroachment. We just hope that the board will allow us to continue on with one project and allow us to complete this project in a timely manner as not to upset the neighborhood. We have been inspected and approved in all aspects of the beginning phases of the construction, before and after the pouring of the slab. The survey company failed to note the radius line or hidden line, which the foundation company as well as the builder unknowingly continued building using the property line as it was staked to determine the garage setback. We are first time builders who relied on the experts in charge. The ' lot is on a dead end cul-de-sac which is adjacent to a large and very deep canal. The next throughway street is a one way feeder road that house permanent structures that have been there for years, such as the Jefferson Inn Hotel. The Hildebrand and Bayou takes a slant which shortens the lots on Cartwright, not allowing for much more widening or expansions to happen (only in my opinion). We have learned a hard felt lesson from this project and would beg the Board's pardon on this matter. Condition C We feel that the actual completion of the house in its architectural design will enhance as well as uplift the neighborhood, and will not be an eyesore to the neighborhood. We have carefully planned and budgeted for this project and have not allowed for any extras. We are begging for the sympathy of the board to allow this project to blossom and be the beautiful rose it was intended to be. We are confident that the subdivision will not be sorry. Pe AWtIV4 .9 &aU4stf Ifla&444i 2970 WASHINGTON BLVD. 9 PHONE 842.5410 BEAUMONT, TEXAS 77705 June 18,1998 The City of Beaumont � rr MYOFBEAUNINI PLANNING DIVISION JUL 11 3 1993 1 am trying to assist Lynelle and Kevin Simien who are constructing their own home. A survey was done on the property, but the circular property line along the culdesac was not marked. The slab contractor ( Mrs. Semien's Uncle) properly set the house back 251 from the property line, but he, the carpenter, the owners and the city inspectors failed to realize the garage is too close to the culdesac. The house was framed before I noticed the error and requested a new survey showing the house on the property. If the board of adjustment delays a change in the set back there will be some damage to the framing. If the change is denied it could bankrupt the Simiens. Since the house is on a dead end street that abuts a large drainage ditch a change in the set back will not damage the neighborhood. A prompt and favorable response will be appreciated by all. Respectfully. C.L. Sherman, Jr. CLS/te m TILE 411-B Variance request to allow a building encroaclunent into the 25' front yard, NORTH building set back of a residential lot. Location: 4250 CanV fight Applicant: Lynell Sirnien SCALE 1 "=200' R (-z- Z 100 y ' 4 5 .9 1 4 7 1 M 9 5 do i CORLEY AVE. ca /Vf 14 SUBJECT 3 -4 7 9 173 0 12 '4 m 14 197W 10H1 '3 Av.Ai f CA RIGHT AVE, C.5 '0 L die'? 14-1 LN ) 10 A 0 0 0 10 WOLUME 99 CI OE 1199 HOWARD E. DEVAULT RANDALL EDWARD GEORGE BATTLES E. 18* LOT 5, LOT 7 LOT 9. W. 37' LOT 11 E 26' LOT I I . LOT 13 VOLUME 2219. PACE 274 VOLUME 1945, PACE 244 VOLUME 1955, PAGE 95 D.P,J C. O,R J.0 D R -C GO 1,01 LIP ----------------- 16' UTILM ESUNT. T/2"�j ROD ROD ---------- ---------------- I S89'59'57"E 90.010' -------- --- SET 1/2' 1 ROD Vol 9 pq, 195 MRjC _______,_--_-_______.a_____-____..___._._______----------------- 0.292 Acres 5' STREET LIGHT ESMNT Vol. 9 Pq 195 M R.J.0 4 JIM WESLEY DANIELS and BARBARA ANN DANIELS 81 LOT 6 AND LOT 8 16: CLERK'S FILE 9426356 O'P.R.J.C. '01 Oei S GOT 01 z 15' 22' 23' 15. 9 CONCRETE SLAB In 5' 7 BUILDING LINE I -ND 1/2 I ROD ! : : 1 #4250 N9q00I00"W 61.00, 1 ROD CARTWRIGHT AVENUE (60* R.O.W) 4250 Cartwright Avenue Beaumont, Texas 77707 Lot Number Ten (10) and the West Twernty-seven feet (W 27') of Lot Number Twelve (12), in Block Number Eleven (1 1) of WASHINGTON MANOR, a subdivision to the City of Beaumont, Jefferson County, Texas, as reflected by mop or plot thereof of record in Volume 9, Page 195, Mop Records in the office of the County Clerk of Jefferson County, Te<os. OWNER Kevin Simien and Lynell Sim,en I REVISED jorIE 2 19qe I JOB NO 1 98-047 FIELD BOOK I FO-512/41 DR.By RWS DATE 05/22/98 SCALE 1". S0` TRTECH LAND SURVEYORS, It—' 1520 S Major or, 5u,te H 77707 70: (409) 666-9769 RIGHARD LA!27,THEY ,a . 4964 US ,6 DONALD DAVIS. SIR cq E. 36' LOT 12. LOT 14 F.C. 102-87-2182 O.P,R.j b SET 142* I. R=60-00' 6=40'24'20r CLEN=34.53' BRG=N 57*06'02" E In accordance with the Federal Emergency Management Agency, Flood Insurance Rote Mop Community No.: 485457 Panel No.: 0040 C Date of FIRM: 03/16/1992 This property lies in Zone 'C'. Location on mop determined by scale on mop. Actual field elevation not determined. WORTECH Land Surveyors, Inc doe not warrant nor subscribe to the accuracy or scale of said maps. Areas determined to be outside 500 year flood plain To the Lienholders and/or the owners of the promises surveyed and to AJomo T's" Insurance Company. The undersigned dots hereby certify that this survey was this 00y nod th mode on o ground of the property legally described hereon and is co"oct, and that there one no visible discrepancies, conflicts, shortages in area, tociundory line conflicts, encroachments, omerlopping of improvements, easements or nght-of-way, on the surface of the ground except 4" shown )� necn and that said property has access to and from a dedicated roadway. I I recorded easements shown and noted per A)orno Title Insurance Company G.F. Na. 980611 Do(* surveyed : June 2. 1998. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Lynell Simien PROPERTY 0 Percy L. Tolbert (tax rolls) STATUS OF APPLICANT: Prospective home owner LOCATION: 4250 Cartwright Avenue EXISTING ZONING; RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0,282 acres EXISTING LAND USES: Vacant lot with concrete slab. Framing of house constructed. FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences RS (Residential single Family Dwelling) District EAST: Bayou RS SOUTH: Residences RS WEST: Residences RS COMPREHENSIVE PLAN: Stable area OTHER PHYSICAL FEATURES: None STREETS: Cartwright Avenue, a 60' wide residential street right-of-way with a 26' wide concrete pavement. DRAINAGE: There is a 24" storm sewer in the street. WATER: There is a 6" water line in the street. SANITARY SEWER There is an 8" sanitary sewer lying in a dedicated SERVICE: utility casement in the subdivision block, GENERAL INFORMATION/PUBLIC UTILITIES (continued) FIRE PROTECTION: Fire protection is provided by Station #10, 3855 Washington Boulevard, ADEQUACY OF SERVICE: Services and utilities are adequate.