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Home My WebLink AboutPZ2021-357DATE: November 4, 2021 TO: Board of Adjustment FROM: Demi F,.ngman, Senior Planner SUBJECT: To consider a request for a Variance to the minimum side yard setback from 5' to 4.2' in all RS (Residential --.- Single -Family Dwelling) District FILE: PZ2021-357 6*2XV01-9-9-m-94) Nj JBA Homes Construction is requesting a Variance for the property located at 1715 E Blue Stem. Tile property is zoned Residential Single -Family (R-S) and therefore requires a 5' building setback from the side property line for a main structure. The applicant is requesting a Variance to the side yard setback to be reduced from 5' to 4.2'. Please see the survey located in your packets for a visual reference of the aforementioned. 'File original submitted site plan was approved for the main structure to be located 5' away from the side property line. The foundation inspection for the main structure was approved June 17, 2021. Our building inspector made all inspection on October 22, 2021 for an adjacent property and noticed the red survey pins oil the south side of 1715 E Blue Stern were erected from the ground and ]calling against the real- fence. Through farther investigation the pins were moved at sorne point, and it remains unknown who moved them, post foundation inspection. The contractor brought staff a copy of the as built survey and it revealed that the contractor did not build the house to the specifications of the original submitted site plan. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; 13) 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 hardship 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 actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 28 Responses in Favor . Responses in Opposition -. LEGAL DESCRIPTION Being Lot 11, Block 23, The Meadows, Phase 3 West, Beaumont, Jefferson County, Texas, containing 0.202 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: JBA I lomes Construction LLC PROPERTY OWNER: JBA I lonies Construction LLC for Javier Barajas LOCATION: 1715 E Blue Stem EXISTING ZONING: R-S (Residential -Single Family Dwelling) PROPERTY SIZE: —0.202 acres more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential -Single Family Dwelling) EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: R-S R-S Neighborhood Growth Unit E Blue Stem - Local street with a 50'right-of way and 26' pavement width. Curb and Gutter 6" water line 12" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' WEBB JOEL PAUL (TD) THOMPSON JANICE MARIE OMARI IVAN DUNIVANT DAVID & PAM STEINBERG STEVEN M & SARAH E MEIER JENNIFER ANN RIVERO IVAN & MEDIA CAMILO HERNANDO GUTIERREZ KELLER ELLIOTT LOPEZ FRAMING INC LOPEZ FRAMING INC STEINBERG DOUGLAS F & EILEEN JBA HOME CONSTRUCTION LLC BUSHNELL FRANCES A WESTON LAWRENCE LEE & SABRINA CONSUELO WINFREY DOUGLAS HOWARD EXALTING THE SAVIOR MINISTRIES LLC BALLARD JOHN R & SHERRY S EXALTING THE SAVIOR MINISTRIES LLC JUST INVESTMENTS LLC WINFREY DOUGLAS HOWARD JBA HOME CONSTRUCTION LLC BAKER ALYSSA ANN EXALTING THE SAVIOR MINISTRIES LLC SLIGER JAMES M & KAYLEE RENEE RIDGEWOOD CHURCH OF CHRIST EXALTING THE SAVIOR MINISTRIES LLC RIDGEWOOD CHURCH OF CHRIST BEAUMONT Case Typa:PlanninQand Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Variance tnside setback from 5'k,4.26' Case #:PZ2U21-357 Initiated On: 18/12/2O21 12:54:21PKJ Location: 1715 E BLUE STEM, BEAUMONT, TX Individuals listed mnthe record: Applican� JLmHomes Construction 3149gu|hwayDr port urthu[TX77642 PropedV Owner JovierBnnajas 3140gu|hwayDr port odhur,TX77642 Tenant Katy Terrell Tenant Chris Arnaud Type cfVariance: Legal Description That the granting ofthe variance will not be contrary to the public interest That literal enhoroemanofthe ordinance will result |nunnecessary hardship That hygranting the variance, the spirit ofthe ordinance will baobserved and substantial justice will bmdone Case Type: Planning and Zoning Home Phone: Work Phone: Cell Phone: 4UD54UO12i Home Phone: Work Phone: Cell Phone: 4OQ5480121 Home Phone: Work Phone: Cell Phone: 4OQ-72O-A88O E-Mail: Home Phone: Work Phone: Cell Phone: 400-273'1445 Variance Lot 11`Block 28.The Meadows, Phase Three west Nobecause the public won't beaffected inany way since the issue isoothe side ofthe house. The difference between the measurements are 2inches and 7inches. Yes because most likely wowill have k`get inspectors over bthe property and have all ofthem sign oform. Also, auonoreterwill have probably have toQofix the issue inorder Uzmake the ground meet measurement requirements, all inall it's aminor issue. Yes justice will have hzbudone since wocannot continue construction until inspectors accept this variance. | would appreciate itifthis justice can bedone asap Pogo 1 of JBA Homes Construction 10/12/21 Variance/special exception application Hello, we would greatly appreciate a special exception for some measurements on this property. We need an exception from the city in order to continue the building process of the house. The front part of the house on the left side is measured at 7 inches from the line. The back part of the house on the left side is measured at 2 inches from the line, causing that whole side of the house to be unequal. The property's address is 1715 East Blue Stern Beaumont, Texas 77713. Our office email can be contacted at J B A I I ONI l,S CON STRU C"TIO N( yg .ggm and the builder's - .. ............................. = . .... ......... ............... .......................... - number can be reached at (409)540-0121. Down below is an image of the required signature sheet: 5��nature Sheet k FMLOWACAIEO IN THIS StNi1PEM IINTI DED 10 r�^� N4 w?" RIC �NtP OR Rim � THE CERTIFY tS UNDERSTOOD 10 BE AN 0"M Or PROFE JUDGMENT IS � ON HIS BEST K , INF"�TION � REM, r FO IN THE RY COURSESCALE 1""w'v OFk "ORM14 THE SURVEY` IN COW) E WHN THC StAN�S OF 1'RAGTICE REQUIRED no BY THE TOM "WO OF PIRMSSIONAL LAND SURVEYORS AND ITIC TIFF 5( CETY OF' r°iC"d14 PROFESSOWL SWKIM- AS SUCH, R CONSPIU10 NEITHER A GU~CC OR IMPLIED, MR A HAR ITY EXPRELTtTTT t r SSiD p "TTLTT J. PROPERTY SUBJECT TO A BLANKET 10` WOE UNDMOlND EASEALIR TD RTSTMLL A110 tAdNFfT/dt EEECC�TRrCA+I{i,�j SERVICE TO EACH RESIDENCE PER CF NO, 2016044026', 1, Nag kiiill . NilV EETFCE (CA,tL Na2'S6'121Y 6atia" w/c.AP sTAi�rT €? � 1 z� Rau � .�. Ta/t n SIMP t I log;rr LOT 11 a BLOCK 3 6 �� jj�8 1 � 5` sE SEred�x -•., ,l �. 21•9 1-STt>Ftif CF NO, 20XJMCr33263 CF NO 20IM34096 h ' CF. TriT2016044027 u co ", 16.0' a 5A2 ..6 ei 16.7' "� ` BRICK & F E owe 'L��,,_t'r .� � •- RESl0E1#GE °? .- a 6.3' ... &29 k f w ci 5 x25 UTILITY 51w $Pp EASEMENT �562 UTILITY f PER PEAT EVENT PLAT _0 ?_ IO..UTIUT PEA WVO(tt xaa ,aa _.. FND 1/2" E Rau FTC 1 z L ROD i FTdf! 1/z� t. Rt1Ct w STAMPED TV/CMF' STMA4PER W CAP 5TL ED F'ftD S03'00 35'E 60.13' (ML S0756 12"IE 80.00`) �OQ (CALLED E. PER RtAT) 10 THIENH D HE OWNERS PREMISES SURVEYED 1715 EAST BLUE STEM THE ST ER E INSURANCE C kAPANY. BEMUMONT, TE1 AS 77713 THE UNDERSIGNED DOES 14EREBY CERTIFY THAT THIS SURVEY WAS THIS DAY Lot Number Eleven 11 in Block Number MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS Twentai lbree (23) of THE MEAt?fN W CORRECT', AND THAT THERE ARE 140 DISCREPANCIES, CONFLICTS, SHORTAGES IN SUBDSON, PWA E H#REE-WEST, on Addition to AREA, BOUNDARY LINE CONFLICTS, ENCROACHMENTS, OVER -LAPPING OF the City of Beaumont, Jefferson County, Texas, iMPROYEMENTS, EASEMENTS OR R614TS-OE-WAY EXCEPT AS SHOWN HEREON, as the some oppeors upon the mop or plat AN0 THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY, thereof, on rile and of record uodor County ALL EAS ITS SHOW? NOTED PER ALL AMERICMN TITLE Clerk's Fite No. 2014044026, Ofrrciai Public G.F, No. NOW Records of Jefferson County, Texas, DATE SURVEYED: nen r ap er Amdudf n accar once *M 020r a Boundary Map, Deportment of Housing and Urbon Development, THOMAS S ROWE Communi No.: 48`5457 572 Dotea TWOMAS S. ROWE -REGISTERED PROEES51 No. 5726 This praparty I1os in Zone wtdta . Lacot on mop determined by scale on mop. Actual field elevation not dete(mined. .- Mork Whiteley & Associates does not warrant not subscribe to the accuracy or scofe of sold maps, t Zone 'lf" whits) are areas determined to be MARK WHIT"ELEY � ASSOCIATES, LLC ° CIVIL ENGINEERING LANK idLIr4VEY1Nrl4 PIPELFINE SERVICES TSIxMo a1JP4VNYfkrC1 r111M a, %ela4raa NaxA,a eN IIJaeltXklrM rrr'rxa rra. r"•katlxzt s2sa rnsTrrx MY, nanUMONT, TEXAS 7770) eae4exoxr:rwa uaWessocwa .an1-M. i� Nh 021 21 1591 2t-1691,EnMCD EhG ile PZ2021-357: To consider a request for a Variance to the minimum side ya Aback from Wto 4.2'in an RS (Residential — Single -Family Dwelling) District. pplicant: JBA Homes Construction ocation: 1715 E Blue Stem 0 100 200 1 1 1 1 Feet