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Home My WebLink About389-BADATE: December 5, 1996 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a variance to allow a maximum building encroachment of 6.42 feet into the 25 foot front yard building setback STAFF REPORT The Planning Director recommends approval of this variance. The applicant has shown compliance with Conditions A, B and C as required by city ordinance. The applicant has requested that a variance to the front yard setback be granted for a house that is to be constructed at #4 Winchester Cove. The applicant has tried a variety of floor plans that would fit within the required setbacks and still allow a total square footage that it is compatible with the other houses in the neighborhood. Lot 4 is a corner lot. As platted the lot has a 25 foot front building setback, a 15 foot side building setback and a 10 foot rear building setback. The Zoning Ordinance would allow the side yard setback to be decreased to 10 feet. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 20 Responses in Favor: Responses in Opposition: 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): Winchester Cove is a private street coming off another private street. This variance will not result in obstruction of visibility nor accessibility concerning other owners. Condition A - (Staff response fronting on ): This is a small, private subdivision with 13 residential lot a private street and 3 lots fronting on Dowlen. The Dowlen lots are being offered for possible office use with specific use permits and do not have zero lot line development requirements. This encroachment will not inhibit visibility. The granting of this variance will not be contrary to the public interest. Condition B - (Applicant's statement): The market has dictated the size of the homes built here to be 1985 sq. ft., which is the median of the nine homes or plans under construction presently. There are only three lots remaining, and two of these are on the corner, where the greatest difficulty will occur. This house plan already has been adjusted and redrawn three times, as shown by Exhibits A, B and C. By granting this variance the owner will be able to construct a 1776 sq. ft. house, well below the median in Winchester Cove; otherwise the Owner will be hurt due to "financial considerations." Exhibit C shows a 1,640 sq. ft. house drawn on Lot #4, indicating an encroachment as well. In our opinion it is impossible to meet the existing requirements and the market demand without the variance as requested. Condition B - (Staff response): On the subdivision plat, Lot 4 is shown with a 15 foot side yard building setback. While that setback could be decreased to 10 feet, the build able area on this lot is limited for the size of houses that are being built in this subdivision. Due to the curve in the street, this lot is limited to a depth of 105 feet. Due to the shape of the curve at Lot 4, the proposed encroachment into the front yard would not extend the new house beyond the existing houses, The literal enforcement of the ordinance will result in unnecessary hardship. Condition C - (Applicant's statement): The house will sit back 27+ feet from the curb even with the variance. This is more than adequate for visibility. Also, there are not utilities in any of the three easements on Lot #4, as shown by presentation of the recorded plat, Winchester West Place. Additionally, the house will sit approximately 30 ft. from the side curb at the Northwest corner of the attached garage. Condition C - (Staff response): The variance, if granted, will not encroach upon the neighboring property's visibility. If granted, the spirit of the ordinance will be observed and justice will be done. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Herman R. Iles and Tom Vance PROPERTY OWNER: Herman R. Iles STATUS OF APPLICANT: X Owner X Prospective Buyer —Tenant —Other LOCATION: #4 Winchester Cove LEGAL DESCRIPTION: Lot 4, Winchester West Place EXISTING ZONING: RM-H (Residential Multiple Family - Highest Density) PROPERTY SIZE: .12 acres +/- EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: Flood Zone "C" - Minimal SURROUNDING LAND USES: SURROUNDING ZONING: NORT14: Vacant RS (Residential Single Family) EAST: Residential RM-H (Residential Multiple Family - Highest Density) SOUTH: Vacant RM-H WEST: Residential and Vacant RM-H COMPREHENSIVE PLAN: Neighborhood Growth Unit GENERAL INFORMATION/PUBLIC UTILITIES continued OTHER PHYSICAL FEATURES: None STREETS: Winchester Cove is a private residential street. DRAINAGE: Storm sewers exist in Winchester Cove. WATER: There is an 8" water line in Winchester Cove. SANITARY SEWER There is an 8" sanitary sewer line in Winchester Cove. FIRE PROTECTION: Fire protection is provided by Station #9, 7010 Gladys. ADEQUACY OF SERVICE: Services and utilities are adequate. (3A, Nov. 13, 1996 Board of Adustment City of Beaumont ref. Request for Variance, #4 Winchester Cove Dear Sirs: In accordance with the following three conditions, we respectfully request your approval for a variance on the North-West corner of Lot #4, Winchester Cove, for the construction of an attached garage as shown on Ex. A. The sub -division was approved Nov. 1994. The approved plat showed no easement on thebackline of Lots 4, 5, 6, 7, nor 8; however, the builder now has been requirbd to give this easement. Lot #4 is greatly restricted by this forfeit of some 50 sq. ft. due to the following reasons: (1) The streetcurves decidedly in front of Lot #4. (2) There are set -backs on three sides". (3) The curve on the back lot lines occurs 'at Lot #4. We offer the following-compliance.with the thiee Conditions required: (A) "not be contrary to the public interest" Winchester Cove is. a private street coming off another private street. This variance will'not result in obstruction of visibility nor accessibility concerning.other owners. Approval from the Architectural Committee for Winchester West is attached. (B) "unnecessary hardship because of exceptional narrowness, shallow- ness, shape" The market has dictated the size of the homes built here -to be 1985 sq. ft., which is the median of the nine homes or plan's under construction presently. There are only three lots remaining, and two of these are on the corner, where the greatest difficulty will occur. This house plan already has been adjusted and redrawn three times,as.- ' -shown by Exhibits A, B, and C. By granting this variance the owner'will be able to construct a 1776 sq. ft..house, well below the median in Winchester Cove; otherwise the Owner will be hurt due to "financial considerations., Ex. C shows a 1640 sq, ft. house dt'awn on Lot #4, ifidicAtifig an encroachment as well.In our opinion it is impossible to meet the existing requirements and the market demand without the variance as requested. (C) " the spirit of the ordinance will be observed and substantial justice will,ber done". The house will sit back 27+ feet from the curb even with the variance. This is more thad adequate for visibility. Also, there are no utilities in any of the three easements on-Lot#4, as shown by presentation of the recorded -plat, Winchester West Place. Additionally, the house will sit approximately 30ft. from the side curb'at the North- west corner of the attached garage. We have shown due diligence to conform.with the existing easements, as shown by Exhibits A, B, and C; consequently, we now turn to you for approval asour best and only cure for,this situation. We have shown that no one will be hurt by your granting this variance; and, on the other hand, the Owner will be ableto construct a home to meet the demand of the market. In the future there are no problems antici- pated because there are only two lots remaining after this.. We respectfully ask for your approval of this variance. OWNER ,-I I k, M/ _T .44Z Herman R. Iles CO -APPLICANT 71 XJ To� �Va ce`_`1 CITY OF BEAUMONT PLANNING DIVISION FIECEIVED Rt. 7 Box 175 Beaumont. TX. 77713 Nov. 15.. 1996 ref. Variance, Lot #04 The Architectural Committee met at the office of Iles Real Estate and approved the request for variance as shown on the attachment. The variance occurs at the Northwest corner of Lot #04, Winchester Cove. The re- quest shows five to six and four tenths feet at the corner of the proposed garage, slanting to zero within approximately twenty feet across the front of the garage. There are none,, nor will there ever be any utilities in this easement. There still remains 25 feet clear between the garage and curb. This is adequate for any visibility at the corner and any widening of the street, which is highly unlikely. If you have any questions, please call 7532416. (Y Iferman R. Iles Mary /Ann Iles Ala-nchard Iles��' FILE 389—BA: Request for a variance to allow a building encroachment into NORTH the 251 front yard building setback (front yard) of a residential lot for a distance of 6.421. & LOCATION: 14 Winchester Cove (Private Street) APPLICANT: Herman R. Iles and Tom Vance SCALE 1"-2001 �a$ %3 too: too 110 to so's 0OT- ! N too -7too. to T70,7 Ei 1 4+1 I, 4� �00e �/ ON64 MWA z 0 z W Q Is 1100.90 gib WELLINGTON PL. 0 M ff 6% - = 4 At F% it S. M Aft 1r 1 1 ft It 9 DOWLEN PL. ti Ito 'I 2 qft 14,1 'p-4 CMEAM: —X—. or X — 49.67 rill 41,110it"I LOT 6 DESCRIPTION OF SERVICES: LOCAEg CQRMZRS AND SHOW MLPRQZLMT.S SURVEYOR'S CERTIFICATION. I do hereby certify, to the best of my knowledge and belief, that this is an accurate plat of a survey made on the ground, under my supervision, showing all improvements and any visible encroachments, as of X. The above tract being located at X and being described as as recorded in Volume —X— , Page X of the—X— Records of MEEMSM County, Texas. In accordance with the Flood Insurance Rate Map of the Federal Emergency Management Agency, map reference shown, the subject traot ties in the flood zone noted. Location on map was determined by scale. Actual field elevation not determined, unless requested FAUST Engineering and Surveying, Inc., does not warrant nor subscribe to the accuracy or scale of said map. MCHAM F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4782 Date: X Census Tract: PA US T FEMA Flood ZoneL-X Community Panel NO.: ENGINEERING AND SURVEYING, INC. EXISTING DRAINAGE DITCH (DD6) N 54.08'41" W - 86 .50 EXISTING IN CONCRETE PRIVATE DR S 54"08'41" E - 376.3 w 94.86 44. 9 105.03 N 06'19'37" W 5.60 �o 1 5 i `' " 4 sybject property S 56'03'07" E - 104.39 N 03'301° E 7.40 �, t�, 54'00"31" W - 112.00 S 57103'30" E 7.40 3 14 /� N 57' 3'30' 7.40 BUILDING LINE ur N O a LLJ N 54'00'38" W - 125.20 S 59'16'00 E - 108.53 � 100, BUILDIN_ � INE x.T ^ ` `° W - ,0 1 13 .. 0 3 >~ o U) 4000 N 30'44' 3" ` - E - 4.69 ' k. S 30'44'53" W - 4,69 o Cl� f r. ' S 5913'33" E - 118.72 .02 O I� 12 16 BUILDING LINE \ w z R45.OtJ � 1 N 4343'01" a4p~--- g4.05 � � c� f/ ►kiy i h� W 37,60 10' UTILITY ESMT. g 10 2101 MSG 10' UTIU!Y ESMT., - Z _ ---- - ---- - 5.00 135.84 59"15'a7" W 431.47 138.72 N EXIS71NG DRAINAGE DITCH (DD6) N 540841" W 86 ,50 "X" IN CONCRE"M EXISTING PRIVATE DR S 54'08'41" E -- 376.35 94,86 44' 9 105.03 N 0619'37" W5*60 .. . 15 4 subject property S 56'03'07" E - 104.39 7,40 (� N \ 0 7.4,3 0„ E 54`00'31" W - 112.00 U i 14 N57'3'30"-7.40 -- 10' BUILDING LINE _N U to b N 54-00'38" VJ U W - 125.20 S 5916'00" E - 108.53 10' BUILDING LINE M `O �a ca aw 13 f 6 0 00 N 30"44' 3" E - 4.69 4.69 S 30"44"53" W ""' S 59-13'33" E 118.72 ui qt ` � 0 7 O i, -. c>= ` 12 � b5 00 � 15' BUILDING LINE IV . 43-43'01" W 94.4a.-__ E 94.05 � -: -YY a 1Xi , � (x� W 9y 37.b0 � Y � tO' UT1LI'T`f ESMi. 10 � s 2101 4411 5.00 10+ UTILITY EBMT ------ - i5.ao . 135.84 431.47 N 59'15' 0 %" W — 138,72