HomeMy WebLinkAbout396-BADATE: April 3,1997
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for a variance from the front yard 25' building setback regulations for anew
residential structure which encroaches 2. V into the required yard in a residential
district at 925 Schwarner,
FILE: 396-BA
STAFF REPORT AND PROJECT INFORMATION
The Planning Director recommends approval of the variance because Conditions A, B and C
have been met by the applicant.
The proposed residence to be constructed on this site is part of the revitalization plan for the
Charlton Pollard neighborhood.
Single family homes are being constructed in this area for low income families to augment the
public housing units lost after the Neches Terrace Apartments were torn down for Port of
Beaumont development.
The slab for the house at 925 Schwarner encroaches from 1.7' to 2. V into the required 25'
front yard building setback. There were conflicting surveys made for this lot and the slab was
poured using the wrong stakes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices Mailed to Property Owners: 33
Responses in Favor: Responses in Opposition:
FONTENOT CONSTRUCTION CO.
Phone Ns. (409) 860-4627 Pager NQ. (409) 895-5240
9230 Lombard O►vned by: Francis Fontenot Beaumont, Texas 77707
City of Beaumont
Board of Adjustment
801 Main St.
Beaumont, Texas 77701
RE: Request for Variance at 925 Schwarner
Dear Sir(s):
This request is made for the property legally described as:
Lot 6 Block 8 Leonard Addition
Date: 2/19/97
This property was surveyed by Mark Whiteley and Associates. Due to vandalism, the property was
restaked a second time. Before any work could begin on the property, vandalism took place with the
removal of the stakes and the %" rods had to be located again. A 25' measurement was made from
the %" rods back and a string was pulled to ensure compliance of the Zoning Ordinance.
A slab survey was done by the same engineering firm and it shows an encroachment of 1 70'to 2. 10'
over a 13.5' distance, The attached survey shows the southwest corner %" rod missing due to the
City installing a water meter at that location. The southeast corner shows two (2) %" rods. The
presents of two rods was not known before this and oddly enough, the distance between these rods
is shown as 1.23', thereby now indicating an encroachment of approximately the same distance. The
original survey is attached to show that there is not mentioned a second rod at the southeast corner.
The proposed home to be built is part of the City's revitalization plan for the Charlton Pollard area.
This home is being built around existing older homes that were built without any apparent regard for
set backs. To complete the construction of this home would in no manner what so ever, take away
from the area. Quite, the contrary, the construction of this home as is, will greatly enhance the area.
O�Sincerely,
Francis Fontenot
VAR'ANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 E3.)
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. Separate sheets may be attached. (Ile 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 when the Board finds that all of the following conditions have been met:
�9-ONDEBON A.- That the granting of the variance will not be contrary to the public interest.
/A4
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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 owner's own actions.
CQI�MQ�NC: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done
UGC'
I HEREBY ATTEST THAT, TO THE BEST OF My KNOWLEDGE, MY REQUEST MEETS
THE CONDI`IJONS STATED ABOVE.
Applicant's signature
File 396-BA: A request for a variance from the front yard 25' building NORTH
setback regulations for a new residential structure which encroaches
2.11 into the required yard. A
Location: 925 Schwarner
Applicant: Fontenot Construction Company SCALE
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POWELL STREET
(R.O.W. VARIES) CALL 54.50'
FND FND SMY5941"W
1. D
49.5 '91 FND 5
1. ROD
S8W55*WW
248.61
N.E. CORNER
LOT 3. BLK. 8
FND I'
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LOT 6
LOT 7
BLOCK 8
LOT 5
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SLAB
NOTE.
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SLAB SURVEY ONLY
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NO EASEMENTS, IF ANY,
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WITH THE EXCEP77ON Or
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PER CURRENT
CITY ORDINANCE
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OR SET ROD DUE
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TO WATER METER
FND N89'15'38"E
49.59'
CALL 54.50'
248.57'
S.C. CORNER
WATER METER
FND 518*
LOT 3
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1. R766
ROD
SCHWARNER STREET
(40' R.O.W.)
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
SCHWARNER STREET
Beaumont, Texas 77701
Lot Six (6), Block Eight (8), of
1. YAM W. WHITE14Y DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
LEORNARD ADDITION, to the City of Beaumont
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
Jefferson County, Texas, according to the
HEREON AND 15 CORRECT t FIND NO DISCREPANCIES, SHORTAGES IN AREA
mop or plot of record in Vol. 1, Page 133.
ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ON THE SURFACE OF
Mop Records in the Office of the County
THE GROUND, EXCEPT AS SHOWN HEREON.
Clerk of said County and State,
DATE SURVEYEDFEB. 10 1997 OF Tet
OWNER: CRY OF BEAUMONT
E
CENSUS TRACT, 17
In accordance with the Food Hazard Boundary Mop,j
Department of Housing and Urbon Development. I
WmIT
M.W. WmIT LEY
Community No.., 485457
Panel No.: 0020 &
Dote of FIRM, 12-4-84
QER
This property lies in Zone *C,
A
location on mop determined by scale on rn
me P. Actual field elevation not determined.
MARK W. WHilTELEY REG T!
( W. Whiteley and Associates does not z
warrant nor subscribe to the accuracy
MARK W. IVIIII LEY
or scale of said maps.
P. 0. BOX 6402
ASSOCIATES' TEW 77728-6492
Zone *C" does not fie in the 100-year flood
INCORPORATED 400-802-GUI
plain,
+AND
CONMJLTWG 914006M.
SURVEY SHOWS APPROXIMATE C)
SURMORS, AND PLUQCM 3260 KA= YM.
HKAUMONT'TRW 77703
LOCATION OF FENCES,
BOUKDARY LMMATION IS CORMT.
(PAX) 400-002-130
A 11HA DWG\, TITLES\ 97Z2721178-56IRGM
IF ADDITIONAL INFORMATION IS REQUIRED
FOR EXACT LOCA77ON OF FENCES,
PLEASE CONTACT OUR Officr.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Francis Fontenot
PROPERTY OWNER:
Francis Fontenot
STATUS OF APPLICANT:
Contractor
LOCATION:
925 Schwarner
LEGAL DESCRIPTION:
Lot 6, Block 8, Leonard Addition
EXISTING ZONING:
RM-H (Residential Multiple Family Dwelling -Highest
Density) District
FLOOD HAZARD ZONE: X C (Minimal)
B (Moderate)
A (100 year)
Floodway
SIZE OF PROPERTY:
EXISTING LAND USES:
SURROUNDING USES:
NORTH: Residence and vacant lot
EAST: Vacant lot
SOUTH: Vacant lot
WEST: Residence (Lots 7&8)1875Brooklyn
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER
SERVICE:
0,14 acres
Slab for residence
SURROUNDING ZONING:
RM-H (Residential Multiple Family Dwelling -Highest Density)
RM-H
R1vl-H
RM-H
Conservation and Revitalization
r2rom-
Schwarner Street is a 40' wide residential street right-
of-way with a 16'wide asphalt pavement.
There are open ditches in the street right-of-way.
There is a 6" water line in the street.
There is a 6" sanitary sewer main in the street.
GENERAL INFORMATION/PUBLIC UTILITIES continued
FIRE PROTECTION: Fire protection is provided by Station #11, 2185
Sabine Pass.
ADEQUACY
OF SERVICE: Services are adequate.
REQUIREMENTS FOR A VARIANCE
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:
In that existing houses do not meet the twenty-five (25) foot setback, Therefore, this house
will not encroach as much as the existing houses.
Condition A - Staff response:
It is in the public interest to redevelop this area containing many vacant lots, dilapidated
structures and frame houses in fair to poor condition, City development funds are being used
to buy and clear lots for new homes for low income families. Several non-profit organizations
are presently involved in providing new housing in this area.
Condition B - Applicant's statement:
The engineering firm gave two (2) different surveys that resulted in the existing
encroachment, Due to the error, substantial cost would be incurred by the contractor.
ANALYSIS continued
Condition B - Staff response:
If the slab has to be demolished and repoured 2. V north of the encroachment, the final cost
of the proposed new home will increase for all concerned: home buyer, contractor and the tax
payers who are subsidizing the construction of homes in this area for low income families.
Condition C - Applicant's statement:
In that existing houses do not meet the twenty five (25) foot setback. The granting of this
variance will not affect surrounding properties and will allow the construction of the new
house.
Condition C - Staff response:
The house immediately on the west of the subject Lot #6 sits astride Lots 7 and 8 and fronts
on Brooklyn. The remaining abutting lots and lots located across the street on the south side
of Schwarner are vacant.
By granting this variance, the spirit of the ordinance will be observed and substantial justice
will be done.