HomeMy WebLinkAbout398-BADATE: May 1, 1997
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for a variance of a residential interior side yard for a proposed addition at 885
Goodhue Road, an RS (Residential Single Family Dwelling) District.
FILE: 398-BA
STAFF REPORT
The Planning Director recommends denial of the variance because the applicant has failed to
demonstrate that the three conditions necessary for a variance have been met.
PUBLIC NOTIFICATION
Notices Mailed to Property Owners: 24
Responses in Favor: I Responses in Opposition: 2
April 14, 1997
Beaumont,Board of Adjustments
Planning and Boning
P 0 Box 3827 77704
Beaumont, Texas 77701
Dear Chairman:
A P R 1 4 1997
This letter is in reference to the attached variance application. The side
set back of 3' is requested to erect a new two car garage. The existing garage is to
be converted into a room to be used by visiting dignitaries in church related
activities.
To place the new garage in any other location, as shown on the site plan, would
create greater expense on the owner and undo hardship on vehicle ingress and
egress.
Ed Bland/Builder
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REQUIREMENTS FOR A VARIANCE
(Codes Section 30-37 E. 3)
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.
ANALYSIS
Condition A - Applicant's statement:
The narrowness of the two car garage would be inappropriate for a single family residence.
Condition A - Staff response:
The applicant does not address how the requested variance would be in the public's interest,
Condition B - Applicant's statement:
The side set back variance is not adjacent to public property or streets. A 3' side alley will
allow for maintenance on the side of the garage without interfering or infringing on the
neighbor's property.
Condition B - Staff response:
Current zoning regulations require a 5' setback for a one-story addition to the side of an
existing house opposite an interior side lot line. The applicant proposes to close in the
existing two -car garage located on the side of the house and reconstruct it as a room for
visitors of the owner. He wishes then to build a new 32'x 2TV two -car garage attached to
the former garage, slightly to the rear side of the house, leaving only a 3' side yard or setback
to his side lot line.
ANALYSIS continued
Presently the distance from the north side of the garage to the property line is 25' 6" and the
space between the side of the house proper to the lot line is 29' 6". The existing driveway
from Goodhue Road lies along the north side of the 100'x 174'lot. The driver turns left into
the garage parallel to the street. The new proposed garage will be entered straight -on at the
end of a new driveway.
Staff feels that there are at least two alternative ways in which the new garage could be built
without having to request a variance. If the owner wishes to have an attached garage --
meaning that the setback required is 5' because it is an addition to a home --then he could
design the garage to be attached at the rear of the old garage. The front of the new garage
would line up with the front of the former garage and the turning radius would remain the
same as it is now. Or, the garage could be detached from the house and placed at the rear of
the lot as an accessory structure. He could site the accessory structure 2 1/2' from the side lot
line and 15'fi-om the rear so as not to encroach into a 15'wide rear lot utility easement. Each
of these two suggestions could be accomplished without a variance.
The applicant must demonstrate that all three conditions for a variance have been met and the
burden of proof is on the applicant. He has not shown an "unnecessary hardship" related to
the property itself which would justify the variance. The applicant has not demonstrated
compliance with Condition B.
Condition C - Applicant's statement:
A set back will still exist between the properties,
Condition C - Staff response:
The applicant's statement regarding Condition C does not explain how a 3' setback instead
of a 5' setback would be in the spirit of the ordinance. He fails to consider other feasible
methods of building the garage and has not proven an unnecessary hardship as required by
the conditions in the ordinance.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Reverend B. H. Clendermen
PROPERTY OWNER: Reverend B. H. Clendennen
LOCATION: 885 Goodhue Road
EXISTING ZONING: RS (Residential Single Family Dwelling) District
LEGAL DESCRIPTION: Lot 14, Block 1, Goodhue Estates
FLOOD HAZARD ZONE:
X C (Minimal) A (100 year)
B (Moderate) Floodway
SIZE OF PROPERTY:
0.399 acres
EXISTING LAND USES:
One story brick residence
SURROUNDING USES:
SURROUNDING ZONING:
NORTH: Residence
RS (Residential Single Family Dwelling)
EAST: Residence
RS
SOUTH: Residence
its
WEST: Residence
RS
COMPREHENSIVE PLAN:
Stable area
OTHER PHYSICAL
FEATURES:
None
STREETS:
Goodhue Road is a 60'wide residential right-of-way
with a 23'wide pavement.
DRAINAGE:
There is a 24" storm sewer in Goodhue.
WATER:
There is a 6" water line in Goodhue,
SANITARY SEWER
SERVICE:
There is an 8" sanitary sewer in Goodhue.
FIRE PROTECTION:
Fire protection is provided by Station #4, Lucas at
Gladys.
ADEQUACY
OF SERVICE: Services and utilities are adequate,