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HomeMy WebLinkAbout381-BADATE: May 2,1996 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to reduce the two-story interior side yard building setback for a residence from 7-1/2 feet to 5-1/2 feet. (Section 30-37 E. 3. from Section 30-25 B. 1.). STAFF REPORT The Planning Director recommends approval of the side yard variance to 5-1/2' as requested. The applicant has satisfied conditions A, B and C. The applicant, Jerry L. Carnley, Jr., is buying the Subject One half acre lot from the estate of C. A. Ingram. There is a two-story frame residence located on the front part of the subject tract. This residence was constructed circa 1904-05. Tlie house is in disrepair and will not be habitable until a complete repair and rehabilitation program is undertaken. The applicant stated that he wishes to restore the old residence and has just had the foundation leveled, but that complete restoration will take some time and a lot of money. Mr. Carnley lives in a small 800 sq. ft. bungalow located at the rear of the tract. In February of 1996, Carnley was issued a building permit for "repair to residence". No building plans or site plans were requested by the clerk who issued the permit. Mr. Carnley then proceeded to Construct a two-story residential addition attached to the southeast (right rear) corner of the existing two-story frame house. He and his father laid the slab and began framing the addition when the building official issued a stop work order. The addition encroaches into the side lot setback two feet or 5- 1/2' from the lot line instead of the required 7-1/2' for additions in excess of one story. The existing older home (unoccupied) contains 2,372 sq. ft. The addition contains 2,666 sq. ft. The addition will have two bedrooms and two baths, plus a garage, shop, kitchen and den. Exhibits are attached. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being known as the east 1/2 acre of Lot or Block 21, W. 1. Black Addition (AKA Iowa Colony Subdivision), J. W. BLIIIOCI( Survey, Ab. #7, containing one half acre of land, more or less. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 39 Responses in Favor: Responses in Opposition: Board of Adjustment April 13, 1996 City of Beaumont City Hall, 801 Main Street Beaumont, Texas 77701 Dear Sir: Re: Jerry L. Carnley Jr. 350 Iowa Beaumont, Texas 77705 Lot 21 Block 21 Iowa Colony I am requesting a variance for the property located at 350 Iowa, in the W. I. Black Subdivision of South Park. Because of the layout of the original house and placement on said lot, there were few options left but to situate the addition closer to the East Boundary line of the property than normally allowed by city code. I have tried to put myself in the place of my neighbors and the community as a whole in considering my request for a variance. Because the house was built in the early 1900's, massive remodeling was necessary. I feel that the addition built on my structure stands to enhance the value of my property as well as those around me. In order to update the existing structure without sacrificing the original intent of the design, I have carefully planned the current stage of remodeling. Although, these changes have been made with the full support of my friends, family, and neighbors I now find myself having to justify the restoration now underway. It is never my intention to do anything that would harm my neighborhood or community as a whole. Considering the age of the original homesite along with the condition of the house at the time I purchased it two years ago, there should be no questions as to the progress being made. When I first bought the property it was completely overgrown and littered with years of debris. Where there is now an open yard once existed an overgrown lot hiding a rundown older home. During the last two years I have worked diligently to preserve as small piece of history. It is my feeling that in approving the request for a variance at 350 Iowa the board will help continue the revitalization that has already been started. ' In keeping with the Architectural design of the original structure ie (gables and roof lines, plumbing, entrances and exits, as well as existing drive and parking) certain compromises in placement were made. Further consideration was made by allowing the center of the lot to be open. In order to keep the yard at optimum size I tried to place the new addition as close as possible to the said East boundary line. This made for a larger yard and greater flexibility with the lot in general. The current distance of the house from the East line now stands at 5 1/2 ft. Had I known the proper distance to maintain from the boundary line was 7 1/2 ft. (two stories) and not 5 1/2 ft. (single story) as I thought, I would have attempted to alter the plan within reason. Regardless of any error, necessity dictated placement of both slab and structure. The current addition is now situated in a manner that improves both the original structure and the lot in a way that enhances not only my property, but the neighborhood as a whole. qrel It..rry T. (,nrnl,.: Jerry L. Camley Jr. VARIANCE SUPPLEMENTAL APPLICATION FO BEAUMONT, TEXAS (CODES SECMON 30-37 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. See Attachment A 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. See Attachment B CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. See Attachment C I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Date: oP fir' 7 ATTACHMENT A In considering condition A concerning the granting of a variance to be contrary to public interest, I have tried to put myself in the place of my neighbors and community as a whole. I feel that the addition built on my structure stands to enhance the value of my property as well as those around me. Because the house was built in the early 1900's, massive remodeling was necessary. In order to update the existing structure without sacrificing the original intent of the design, nearly two years was spent planning the addition and remodeling. At no small cost I have taken it upon myself to help in the restoration of not only my home but also South Park as a whole. Al I this has been done with full support and interest of my neighbors. It is never my intention to do anything that would harm my neighborhood or community as a whole. ATTACHMENT B I am requesting a variance for the property located at 350 Iowa, in the W. I. Black Subdivision of South Park. Because of the layout of the original house and placement on said lot, there were few options left but to situate the addition closer to the East Boundary line of the property than normally allowed by city code. In keeping with the Architectural design of the original structure ie (gables and roof lines, plumbing, entrances and exits, as well as existing drive and parking) certain compromises in placement were made. Further consideration was made by allowing the center of the lot to be open. In order to keep the yard at optimum size I tried to place the new addition as close as possible to the said East boundary line. This made for a larger yard and greater flexibility with the lot in general. The current distance of the house from the East line now stands at 5 1/2 ft. Had I known the proper distance to maintain from the boundary line was 7 1/2 ft. (two stories) and not 5 1/2 ft. (single story) as I thought, I would have attempted to alter the plan within reason. Regardless of any error, necessity dictated placement of both slab and structure. The current addition is now situated in a manner that improves both the original structure and the lot in a way that enhances not only my property, but the neighborhood as a whole. APPLICATION C Considering the age of the original homesite along with the condition of the house at the time I purchased it two years ago, there should be no questions as to the progress being made. When I first bought the property it was overgrown and littered with old scrap metal, car parts, concrete slabs and overgrown shrubbery. During the last two years I have worked diligently to preserve as small piece of history. It is my feeling that in approving the request for a variance at 350 Iowa the board will help continue the revitalization that has already been started, 350 IOWA STREET - BEAUMONT., TEXAS \- EAST BOUNDRY LINE V-6 REQUEST FOR VARIANCE PROPERTY LINES w 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. RRYMM CONDITION A: Granting the variance will be in the public interest. The applicant wants to construct a 2,666 sq. ft. addition that will contain on the ground floor a garage, shop, bath and bedroom. The second floor will have a bedroom, kitchen, bath and sitting room. He intends to live in the addition. Gradually lie will restore the almost 100 year old original front part of the house. He wants the restoration to remain true to the builder's original house plan to ensure historical accuracy. The house next door to the east is also sited on the front of it's lot. The two original homes (350 and 410 Iowa) lie about 20 ft. apart. The encroaching residential addition at the rear of 350 Iowa begins with the same 20' separation but then extends south and east to within 5-1/2' of the side lot line. Tlie nearest structure located east of this addition is a detached one -car garage situated ',1h0Ut 30' east of the applicant's lot line. The addition is barely visible from the street because of the original house and large trees and shrubs in the Front and side yard. The rear of the lot is bounded by a 100 ft. wide GSU Co. power line of South Park from a northwest to southeast angle, (The right-of-way was a former tram way.) The GSU Co. lies just north of and crosses Giles Street. CONDITION B: Literal enforcement of the 7-1/2 ft. setback Would cause a hardship to the applicant because he has alreacly laid the concrete foundation and built the two-story framing 5-1/2 ft. from his interior side lot line, ANALYSIS continued CONDITION C: By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. 'I'he applicant claims that no one in the office of the building official informed him of the 7- t/2 ft. setback requirement. The 5-1/2 ft. setback will not cause a fire code violation. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: FLOOD HAZARD ZONE: I 1IM a a IN EXISTING LAND USES: SURROUNDING USES: NORTH: Residences EAST: Residences SOUTH: GSU Co. right-of-way WEST: Residences and GSU Co. right-of-way COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: Jerry I.... Caniley, Jr. Prior oNviier is C. A. higram 350 Iowa Being kiiowii as the east 1/2acre of Lot or Block 21, W. I. Blacl( Addition (AKA Iowa Colony Subdivision), J. W. Bullock Survey, Ab. #7, containing one half acre of land, more or less. RS (Residential Single Family Dwelling) District x C (Minimal) B (Moderate) A (100 year) Floodway One-half acre Two story residence with a small bungalow in the rear. SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS RS Rs Conservation and Revitalization None GENERAL INFORMATION PUBLIC UTILITIES continued STREETS: Iowa Avenue - is a 60' wide residential street right-of-way with a 20' wide pavement. DRAINAGE: Open ditches in street right-of-way. WATER: '"I'liere is a 12" water line in the street right-of- way. SANITARY SEWER SERVICE: There is a 6" sanitary sewer in the street right-of- way. FIRE PROTECTION: Fire protection is provided by Station #3, Kenneth and Brockman. ADEQUACY OF SERVICE: Services and utilities are adequate.