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Home My WebLink About392-BADATE: December 5, 1996 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a special exception to allow a structural encroachment into the front yard of a home situated on a corner lot (Sec. 30-37 (e) 2.b.2.) At 895 Jasmine at Oleander. FILE: 392-BA STAFF REPORT AND PROJECT INFORMATION The Planning Director recommends approval of the request for a special exception. The lot is a comer lot, the exception will not adversely affect the value of adjacent property and this action will be in the public interest, The home owner recently purchased the existing two bedroom house at 895 Jasmine. He wishes to add a third bedroom and a bath. The home now contains 2,183 square feet. This section of North Mary Howell Addition was platted in 1958. It is apparent from looking at the plat that Lot 10, Block 8, would front along and be addressed on Oleander and that Jasmine would be the exterior side yard. However, due to the depth of the lot and its irregular shape, the original owner sited the home facing Jasmine. His back yard (west side) is 28.5'deep which includes a 7.5wide easement. His fi-ont yard presently extends to the east a distance of 49.5' from the fi-ont of the house to the property line on Jasmine. The side yard on the south is 5'. The north side of the house facing Oleander is about 32' off the property line measured along the driveway. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 24 . Responses in Favor . Responses in Opposition Special Exceptions may be granted in the following situations: 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. N r equireme sjh:j,eI_" 6 t h" following ! ciroums 44069,.: C) 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. Ayard exc' pti, ITon:coft t ........ 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. 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. 5) An exception from a minimum interior side yard setback requirement for owner identification 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. 6) An exception from the minimum side yard setback requirement where a non- conforming building was in existence at the time of the passage of this ordinance. To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. ANALYSIS The original plat shows a 30'building setback along Oleander and a 20' building setback along Jasmine. Most of the exterior or corner lots have 20' setbacks and 30' front yards in the various sections of the North Mary Howell Addition. The proposed addition is 29' 6" x 22' 4" and will extend out from the southeast corner of the house 296" to the 20' setback line. The house next door immediately to the south extends to the 20' setback. This house is at the corner of Jasmine and Honeysuckle. The proposed addition will not extend past the front of the house next door. The views of drivers turning at the corner will not be blocked by the structure. This proposal for a special exception meets the conditions required. It is a corner lot, the addition will not adversely affect the value of adjacent or neighboring property and the exception is not contrary to the public interest. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jenkins Construction Company PROPERTY OWNER: Giglio, Inc. LOCATION: 895 Jasmine Dr. at Oleander Dr. LEGAL DESCRIPTION: Lot 10, Block 8, North Mary Howell Addition EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.28 acres, more or less EXISTING LAND USES: One story brick and frame residence FLOOD HAZARD ZONE: "C" Minimal Flood Hazard Zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences RS (Residential Single Family Dwelling) EAST: Residences RS SOUTH: Residences RS WEST: Residences RS COMPREHENSIVE PLAN: Stable area. OTHER PHYSICAL FEATURES: None STREETS: Oleander - residential, 60' right-of-way, 26' pavement. Jasmine - residential, 60'right-of- way, 26'pavement GENERAL INFORMATION/PUBLIC UTILITIES (continued) DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: Storm sewers lie within the Jasmine and Oleander rights -of -way. There are water lines in the two abutting streets. There is a sanitary sewer in a dedicated easement at the rear of the lots extending east to west between Oleander and Honeysuckle. Fire protection is provided by Station #'s 4 & 9. ADEQUACY OF SERVICE Services and utilities are adequate. FILZ 392-BA: Request for a special exception to allow a structural en- croachment into the front yard of a home situated oh a corner lot. NORTH LOCATION: 895 Jasmine Drive at Oleander Drive 00 APPLICANT: Jenkins Construction Company A M SCALE # --- . 1"-200# #LA *AV .L J J L) ki W Ito 00 GLADYS AVE. OLEANDER DR. HONEYSUCKLE DR. NORTH CIRCUIT DR.. 3 aJ 4 4 4V Uj V at - 0 Ix .002 60 jj .,W 01 % eo 94 04 Jenkins Construction Inc. RO. Box 12370 - Beaumont, Texas 77720-2370 - (409) 866-6630 November 18, 1996 City of Beaumont % Board of Adjustment 801 Main Beaumont, Texas 77704 TO HUUM IT MAY CONCERIN: The property I am seeking a special exception for is located at 89S Jasimine. This residence is a one-story wood framed structure with brick veneer exterior siding. The house is pretty typical of the surrounding neighborhood with one glaring exception, it only has two bedrooms. I am attempting to enlarge the home by adding a master bedroom and bathroom. The house is positioned too close to the rear yard set back to allow for an addition at the rear. The obvious space for an addition is located at the SE comer of the lot (see lay -out). Our addition will be similar to our Honeysuckle neigh- bor since he has built at the 201 building line on Jasmine. This addition will enhance not only the home but the neighborhood as well. I am petitioning the Board of Adjustment to allow the 29.5 foot addition which will be in keeping with the 201 building line that is currently platted and shown on the survey (see survey). Thanking you in advance for your consideration. Sincerely, Mike Jenki 3? .9P 70f (r . Y� 4` SURVEYORS CERTIFICATE: �ry� t�� ,. I , GUY A S70NEGGIPWER, JR., DO H B{'CERTIFY AT THIS IS AN ACCURATE PLAT OF A >" MG4J "`" 2' 111ACT OF LAND KNOWN AS HOUSE NUMBER 8 ra c1A S R1 I I -At .Ivrz eA—u M 0 T � — bit AS SURVEYED NC R MY UPER I ION ON THE AR ND SHOWING ALL IMPROV ENt4oT$ AND BEING 1 "T C`1 � 0 AU M t% AS RECORDED IN VOLUME --L4�i,,.,_.,__,PAGE OFTNEtMRECORDSOF $� COUNTY,TEXAS. THERE WERE NO VISIBLE ENCROACHMENTS ON THE PROPERTY AT THE ME OF THE SURVEY AS INDICATED IN THE FOREGOING PLAT, M co OPERTY OWNERS COMMISSION LORES i GUY A. STONECIPHER, JR. DECEMBER 31, 1997 1 REGISTERED PROFESSIONAL LAND SURVEYAR NO. 1779 SUBSCRIBED AND SWORN TO, BEFORE ME. A NOTARY PUBLIC, IN AND FO ' THE STATE OF S, THIS THEa•L 19 ry NOTARY PUBLIC IN AND F R THE STATE OF TEXAS, JODWUMBEA 13 4�q v 14 VVIZ/6 Ty, I g3 711 0 0 d on