HomeMy WebLinkAbout394-BADATE: February 6, 1997
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Consider a variance to allow the construction of an accessory structure in the rear
yard of a lot less than 2-1/2' from the interior side yard in a residential district.
FILE: 394-BA
STAFF REPORT AND PROJECT INFORMATION
The Planning Director recommends approval of the variance. Tile applicant's request
complies with Conditions A, B and C.
Mr. and Mrs. Donaldson, of 865 21 st Street, have an older two-story brick residence on their
property in Calder Place, They purchased the home as is in 1991. The 32' x 20' two -car
garage was converted into the children's den and game room. It also serves as a storage area
for motorcycles. The former garage was constructed at the rear of the lot on or very near to
the north side property line. A substantial carport was then built in front of the northeast side
of the building.
The applicant wishes to rebuild the carport to enclose it and add a peaked roof to match the
"garage". The existing open carport is also on or near the side lot line. This will enable the
owner to move the four motorcycles out of the children's den.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 16 .
Responses in Favor . Responses in Opposition
South .75 of Lot 17 and north .50 of Lot 18, Block 7, Calder Place Addition, Beaumont,
Jefferson County, Texas.
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:
Correct. The variance will allow construction of a new garage where an existing carport is
presently located. My neighbors are happy because the old carport is not as attractive as a
new garage. The new garage will be in the exact location as the existing carport.
CONDITION A - STAFF RESPONSE:
The proposed garage will match the existing architecture of the old garage and will be visually
appealing in this neighborhood of older one and two-story brick homes. A 6' solid privacy
fence surrounds the entire rear and side yard. There is an iron gate across the driveway at the
front of the house. This request is in compliance with Condition "A" and is not contrary to
the public interest.
CONDITION B - APPLICANT'S STATEMENT:
The setback requirement, if literally enforced, would not allow the new garage to have the
same building line as the existing building, now a game room. To comply with the setback
would require cutting down an oak tree immediately south of the existing carport. The area
is narrow between the oak tree and the property line.
CONDITION B - STAFF RESPONSE:
The home and garage were constructed during the late 1930's, prior to any ordinance setback
regulations. The carport was constructed by prior owners. The two-story wood playhouse
shown on the attached survey has been demolished. The structural supports for the existing
carport are 5" iron posts sunk in concrete. Entry to the game room is a door located behind
the carport. The concrete driveway extends to the front edge of the game room. The area
immediately south of the drive is grassed lawn and a large mature oak. Relocating the
proposed garage a minimum of 2-1/2' off the side lot line to the south would present an
unnecessary hardship to the owners.
CONDITION C - APPLICANT'S STATEMENT:
The spirit of the ordinance will be observed because the new garage will occupy the same area
as an existing structure. There will be no new encroachment.
CONDITION C - STAFF RESPONSE:
The spirit of the ordinance will be observed and justice done if the variance is granted. The
backyard is enclosed with a solid wood fence. Only the front of the proposed structure will
be seen from the street, and the gate is kept locked.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residence
EAST: Residence
SOUTH: Residence
WEST: Residence
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
STREETS:
Roger Kelly Donaldson
Roger Kelly Donaldson
865 21st Street
RS (Residential Single Family Dwelling)
District
0.215 acres (62.5'x 150')
2-story brick home, former garage, carport
"C" Minimal Flood Hazard Zone
SURROUNDING ZONING:
RS (Residential Single Family Dwelling)
RS
RS
RS
Stable area.
None
Twenty-first - A 60'wide residential right-of-
way with a 27'wide pavement,
GENERAL INFORMATION/PUBLIC UTILITIES CONTINUED
WATER:
SANITARY SEWER
SERVICE:
FIRE PROTECTION:
•
12IMM-41 991 LI MA
Surface drainage, gutters.
There is a 2" water line in the street.
There is a 6" sanitary sewer in easement at rear
of lot.
Fire protection is provided by Station #4
(Gladys and Lucas).
Services and utilities are adequate.
SNIDER, DONALDSON & WOLFROM, L.L.P.
Xrl'ORNEYS XI'LAW
470 ORLEANS, FIRST FLOOR
BEAUMONT, TEXAS 77701-3011
TEI-EPHONL 409-835-5001
FACSIMILE 409-838-0800
January 14, 1997
City of Beaumont
Planning Division
Room 210
City Hall
801 Main Street
Beaumont, Texas 77701
Re: Request for Variance
To Whom It May Concern:
G F[Y OF C, EA U�A 0 V
JA N 5 ffify E I V E 0
JAN 21 1997,
Enclosed you will find an application for a variance for Roger Kelly & Mary Donaldson,
865 21st Street in Beaumont, Texas. Also enclosed is an existing site plan and two copies along
with a site plan indicating the desired improvement with two copies.
I would like to construct a two car garage in the same location as an existing carport.
The north wall of the proposed two car garage will be along the same line as an existing wood
garage on a concrete slab indicated on the drawings. The wood garage on the concrete slab is
now a game room.
The existing wood garage and carport are within the five foot set back from the property
line. I need a variance from this set back requirement.
I have discussed my proposed garage with my neighbor to the north, Ms. Aulbaugh, 875
21st Street, and she has no objections. In fact, I believe she is excited about the removal of the
carport which is an eye sore.
Kriston Construction Company will construct the foundation for the structure. Wolfrorn
Homes will construct the garage.
If there is further information that you may need, please do not hesitate to call.
Sine r ly
R. KEE Y DONALDSON
RKD/mg
Enclosures
M
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. (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 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.
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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. '4C C CO.,
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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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1 HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS
THE CONDITIONS STATED ABOVE.
Applicant's signature:— Date:
AS V 0 9
7F NORTH File 394-BA: A request for a variance to allow an,.accessor structure
y NORTH
on the interior side line of a residential lot at-865 21st Street.
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DESCRIPTION OF SERVICES REQUESTED:
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jof3 No.:"1414-111 440 18th STREET, SUITE A BEAUMON7, TEXAS
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