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Home My WebLink About1641-Pi I DATE: November 18,2002 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow guest quarters in an RS (Residential Single Family Dwelling) District. FILE: 164 1 -P STAFF REPORT The Planning Manager recommends approval of this request subject to the guest house not being used for rental purposes. In June, 2002, the Planning Division received a complaint that the accessory structure at the rear of 235 Canterbury Drive was being used as a residential structure. In July, the property owner informed staff that the person that had been living in the structure had moved out in mid - June. As a result of this complaint, Mr. and Ms. Jeffrey Coulter, the property owners, have made application to use the structure as guest quarters. The applicants state that they purchased the house in 1999. The accessory structure was already on the property. The previous owner told the Coulters that they had converted the garage to living quarters for an ill parent. The conversion was done without any building permits. The Coulters state that they have no intention of using the structure for rental purposes, but as a guest house only. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 27, Block 4, Caldwood Addition, City of Beaumont, Jefferson County, Texas, containing 0.255 acres, more or less. /4,,f / —10 We purchased our home in the spring of 1999 with both homes on the property, completed. The Lupo's told us that the Guest House was built in 1997 for Mrs. Lupo's father due to illness. The thought never accrued to either of us to question weather the house had been built with or without permits. As we have later found out, the house had never been issued permits of any kind, leaving us with quit a mess. It is not our desire to use this home as rental property but as a part of our home. Being in the military we have family and friends that five all over the world and when we purchased this home it was with that in mind, a guest home. Pre the Eight Points: 1. Specific Use: As a guesthouse. 2. Orderly Development: The home cannot be seen from the front of the house and has been landscaped with the rest of the property. 3. Adequate Utilities: To my knowledge the utilities are in fine working order, a access road is not necessary do to the fact that this home is in our back yard, however there is a grave drive that runs from the front of the house to the back house. 4. Design & Location: The house has been landscaped to correspond with the rest of the property. 5. Nuisance Prevention: My wife and myself are the only ones that five in our home, we have known children, and both of us work long hours. The noise has never been a problem. 6. Lighting: We only have landscape lighting along the sidewalk that runs from one house to the other. 7. Landscaping: Both front of main house as well as guesthouse stay groomed and landscaped at all times. 8. Comprehensive Plan: To become part of our home as well as an improvement of the community. Thank you, Jeffi-ey Coulter SCALE jo 56. underground easement to Gulf States Utilities- 80014je DRJCT Lot 28 Block 4 (100.00) Swat Found 1,12' Rod 1,12' Rod DIOC/ —we/ �_Igalkway cr to CL 2 7 4 elecctrio ureter nai single st6ry sidence • 10* utility easement as per Plot 100' other than main structure building set back line as Per $68,11.38 ORJCT L.ot 26 Block 4 4 is o �35' building Set hock line as per 8681138 pRJCT set 112 - Rod J14 - POO PoWuv 514.00' Found anterbury nrive are a&04' 112' Rod Omwd 65.00' (60' public R.O.W.) chord boork W N OW102__1 W Survey Date: Oatober 75. 2002 I Certify that this Is an occurote plot of a 1- tract known as 23$ corytwoury Drivy 49aaurmomt, Texas, _ZZZ97—the property of, R. Coulter - an surveyed by me showing all the Improvements and being .Lvj_jweab=m= (27). In fife9k Four f4), of AddNW Beaumont. Jefferson County, Texas, map of which is recorded in Volume 7 Page 140 of the Adop Records of do"Orwom County, Texoe, There were no encroachments. discrepancies. shortages in area, or overlap- ping of improvements except as shown hereon. 1. Mitchell Lao Orackin, do hereby certify that this survey was made on the ground this day and is true and correct to the boat of my knowledge and belief. Opm% W;JW Air Air 046�7A X17- 0 21- jzqmioftw� 1110�� 1-0"d sharmept" 50"th Fourth stmot - Beaumont rftms 77m I �I&Phone (409) &W-6322 J-00 8-W-0122 rp1P516JOcol.eam GF No. 2091122 Ckmd"Am, awb d.\4440.d*V - -----------_-_- _-, F , ........... MITCHELL LE E S tA� I�S U Ft %, Jq (5-0 Rdgwerad Prof"amWoral Land Survoyor Na. 5163 Nor No I AM. FILE 1641-P: Request for specific use permit to allow guest quarters in an RS NORTH (Residential Single Family Dwelling) District. Location: 235 Canterbury Drive 40 Applicant: Jeffrey R. Coulter SCALE AS 1 "=200' % fb 40 AM 60 M M MW W�o 20 K -4 '04 70 V 44 All ;00d INN. Ar OW000 5civoo,- W low Q� V lop/ Ao AM 6J J3, 40 4W M IV W 1/f/ 4P f ONON a ayDEVOAlN 0% OR 70 1 70 dj"/ 51 a 41 14g S J91015 8 00, DEVON DR. 1AX), IV 70 1" 7Y 10013 61 16 27 Af 72 0 0 4106 70 IV 491 91 do Z4 it AP IF S7T tArroN LANE' 8 70 70 -flog V9 16 70 06 • 76 do . 90 49.01 4 •anyAV /oj /to go 6d-92 T— .19 71 .53, M In jW J;P t 4 10 is jtp # vi rOL OR'fie 1 0SfOL 76 7Y 1) M era019 -b BRISTOL DR. 60 51 j;j ao Ito K, M I W.5 Ita I 10 % OR 7y do MID 0, 0009,v roo ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE Application Application isin is not in Compliance Compliance CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the ininiediate vicinity; x 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; x 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; x 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; x S. 'I'liat adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; x 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; x 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and x 8. That the proposed use is in accordance with the Comprehensive Plan. x Cormileirbs Attached x ANALYSIS continued This application is in compliance with all eight conditions necessary for approval. Comments on Condition 2 follows: 2) This building was built a number of years ago to house the previous owner's parent. Not until the current owner allowed a friend to live there did the City receive any complaints. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mr. and Ms. Jeffrey Coulter PROPERTY OWNER: Same LOCATION: 235 Canterbury Drive EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: EXISTING LAND USES: F1,001) HAZARD ZONE: SURROUNDING LAND USES: NORTIL Residential EAST: Residential souTH: Residential WEST: Residential COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: 0.255 acres, more or less Single family residential "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS RS RS Stable area None Canterbury Drive - 60' wide local street with 26pavement width. Curb and gutter GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: 2" water line SANITARY SEWER SERVICE: 6" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station 44, Gladys @ Lucas ADEQUACY OF SERVICE: Services are adequate.