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HomeMy WebLinkAbout1590-PFIN DATE: November 19, 2001 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a specific use permit to allow the temporary use of a trailer as a residence in the RS (Residential Single Family Dwelling) district at 1825 Montrose Avenue. FILE: 1590-P STAFF REPORT The Planning Manager recommends approval of the specific use permit to allow temporary living quarters. Mr. and Mrs. Manning own a home at 1825 Montrose Avenue which was heavily damaged during the June storms. The house flooded and repair will cost more than the house is worth according to the owner. The applicants plan to build a new house on the property. This new house will be required to meet elevation requirements. The Building Official and Mr. and Mrs. Manning have discussed this. They ask that they be allowed to temporarily live in their travel trailer until the new house is constructed. The trailer will beset upon their Lot #10. They also own the western parts of Lots 7, 8 and 9. The Zoning Ordinance does not address this situation, but staff has used a specific use permit before in dealing with recreational vehicles as temporary living quarters. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 13 Responses in Favor: Responses in Opposition: LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Lot 10, Block 2, Tract 1, Amelia Heights Third Addition, City of Beaumont, Jefferson County, Texas, containing 0.74 acres, more or less, save and except 0.5 acres deeded to Drainage District #6 for drainage (Tract 2). William L. Manning 1825 Montrose Beaumont, Texas Planning Commission and City Council City of Beaumont Beaumont, Texas Dear Sir or Madam: My wife, Victoria Manning and 1, William Manning are submitting this letter as an attachment to our specific use permit. This letter will define the processes and activities involved with the proposed use of our property located within the city limits of Beaumont. We propose for a minimal time to use the property to park our travel trailer for temporary occupancy. This situation is request until we can build a new residence on the property were our existing residence was totaled by the flood that occurred in June. We have recently purchased this (2001)-travel trailer and therefore it is not hideous in appearance. We deem that a concern for this temporary situation may pose or render surrounding property some limitations and/or diminish property values unfortifted in nature. To surmise the situation, a brief description of the surrounding property is as follows: ,Onrloroperty is located between a large new drainage ditch and Jane's Gully therefore we have no neighbors on either side of the property, are behind the property. The neighbor across the street only lasN sibil ty of the trailer from a minimal perspective. At current, there is no existing property for sak, nil h immediate adjoining area. The property is total fenced in and includes sufficient parking e, SPa0e`W 10 wi '11guarantee the temporary situation will pose no adversity to the public. Adequate ii' porting facilities will be provided if this request is approved. Weyould like to disclose our personal situation, we believe it is imperative and will provide substantial support toward the approval of our request. We have temporarily been living with various r.dAtJvcs and in the ruined house. The city has denied the repair permit for the house. Citing; Section 44, of the Code of Ordinances of the City of Beaumont. The substantial damage to the house and the compliance to the flood zone code render the house totaled. Numerous attempts to find rent property have failed because of our present financial situation and we own large dogs. We have been dealing with a number of agencies requiring us to provide them with a multitude of documents. We have dealt with many contractors and tried to obtain several bids. The massive undertaking of a combination of these agendas, along with continuing to hold down our jobs has taken a toll on us as a whole. We sincerely appreciate your time concerning this matter and pray for relief to this dilemma. Sincerely, Victoria L. Manning William L. Manning C 0 ity of Bea.untont W September 24, 2001 Mr. William L. Manning 1825 Montrose Beaumont, Texas 77707 Dear Mr. Manning, The application to repair the flood damage to your home that you submitted on September 10, 2001 has been denied in accordance with Section 6-44 of the Code of Ordinances of the City of Beaumont. In order for a permit to be issued, you need to raise your finish floor elevation to at least one (1) foot above the base flood elevation of twenty two (22) feet. If you have any questions or need any further help, please let me know. Siacerel ;, (Ok ), Don Burrell Building Official Building Codes 0 (409) 880-3762 0 Fax (409) 880-3110 P.O. Box 3827 e Beaumont, Texas 77700827 0MOHO PROPIRM Ono Cawflaq A MwhW of Omaha Company August 7, 2001 MANNING,WILLIAM LEE VICTORIA MANNING 1825 MONTROSE BEAUMONT TX 77707 RE: Policy Number: 3005371483 Date of Loss: 617/01 Dear Mr. & Mrs. Manning: I am using this letter to try to clarify the questions you may have concerning the increased Cost of Compliance (ICC) coverage afforded under your Dwelling Policy Article 4, Coverage D. In order to qualify for ICC coverage benefits, the insured building must have sustained direct physical damage by or from flood, and that damage must be "substantial." Under Coverage D, there are two possible ways for the insured building to be "substantially damaged": "(1) repetitive loss structure. If the structure has sustained flood damage on two occasions during a 10- year period, ending on the date of the second flood claim event, and the cost of repairing the flood damage, on the average, equals or exceeds 25% of the market value of the structure at the time of each flood event. OR (2) single substantial damage event. If the structure has sustained one-time flood damage in which the cost to repair the flood damage equals or exceeds 50% of the market value of the structure at the time of the flood event." The determination of which, or both, substantial damage methods is applicable in your locale is made by your local flood plain management agency, often the local building permits and inspections department. Your local flood plain management agency will have adopted a flood plain law or ordinance to control flood plain development, your local flood plain law or ordinance will control the repair process to flood damage and will also dictate what steps you must take prior to repair of flood damage. Coverage D, Increased Cost of Compliance coverage is available to new, and policy renewals, on or after June 1, 1997. Once the ICC endorsement is active on your policy the normal steps in the ICC process are as follow: flood damage to insured structure insured applies for building permit to repair the flood damage flood plain manager (building inspector, building official, etc.) determines the structure is substantially damaged by flood and refuses to issue building permit for flood repairs until the structure is placed in compliance with the current flood plain ordinance by elevating, demolishing, relocating, and/or floodproofing the structure. Once the local flood plain manager has demanded that the insured structure be placed in compliance with the local flood plain ordinance prior to normal repairs to flood, the insured can file the claim for benefits under Coverage D, increased Cost of Compliance, of the flood insurance policy. At the time that the ICC claim is filed, Omaha Property and Casualty Insurance Company requires the following: OMAHA PROPERTY AND CASUALTY INSURANCE COMPANY PO BOX 31056 in OMAHA NE 68131 N 1.800-638-2592 N FAX 1.800-491-7683 I . A letter from the local tioou plain manager uenying ine uuiung repair pt::iiiis� 4- — - — I -- structure, citing that the insured structure is "substantially damaged" under the terms of the local flood plain law or ordinance, and requiring thilt the insured structure be modified to the current local flood plain law or ordinance; %, 2. A copy of the local flood plain law or ordinance; 3. Two licensed contractor estimates to perform the required mitigation. A signed and dated contract with one of the contractors, with a definite start date, and an estimated completion date; and, 4. A copy of the permit to perform the modification to the insured structure. If the local community has no Substantial Damage provision to the flood plain law or ordinance, no ICC benefit can be extended. The flood plain manager must make the decision, and issue the requirement, that the insured structure be elevated, demolished, relocated and/or floodproofed in order to bring the structure within compliance with the local flood plain law or ordinance, and the local flood plain manager must make that decision based upon the local Substantial Damage provisions of the local law or ordinance. ICC coverage cannot be extended to homeowners who make the decision on their own - this ICC coverage is not for flood mitigation purposes, but merely to assist insureds who are forced to modify an insured s ' tructure because a local community official has determined the modification is required because of Substantial Damage by flood to that insured structure. The ICC coverage has many more specific, rules in addition to the above guidelines. Please refer to Article 4, Coverage D, for all of those specific rules. A copy of the flood insurance policy, Dwelling Form, is enclosed for your reference. Once it is determined that you qualify for ICC coverage we will issue a check payable to you and any others who have an insurable interest in the property. The amount of this check will be half of the cost for the required work or half of the available coverage, $20,000, under the policy. Once the work is completed and has been inspected and approved by the local official we will need a letter confirming this as well as an invoice for the final costs for the required work. We will review this information and determine if it meets the requirements under the policy and program. If so, we can then issue a second check for the remainder of the actual cost or remainder of coverage whichever is smaller. Please keep in mind that the policy requires that all work be completed within two years of notification from the community that you must bring the building into compliance. No extension can be granted without written approval from the Federal Insurance Administrator. Please provide a copy of this letter to your local flood plain management office so that they may efficiently assist you in the preparation of your ICC claim. Sincerely, a -- Cory Brinker Senior Flood Claim Representative cc: WILLIAMSON INSURANCE AGENCY PO BOX 5325 BEAUMONT TX 77726-5325 En t7, tr, tr, tj z cr OW cr w Ix mm S L., SiY w -MM K—Cp cr.w— w '>-JX ti cj= "42S L'i tz crw z Wui -?�>l IU Wm mz:, -J-- m (r. I -t uj m en �; Vi W;7 ----= - 2 t- It FILE 1590-P: Request for a specific use permit RS (Residential Single Family NORTH Dwelling) district to allow the use of a trailer (mobile home) as temporary living quarters. A Location: 1825 Montrose SCALE ADDlicant: William L. and Victoria L. Manning 1 11=2001 ui ow • • AO • AP W jo a. if jr AP ir sta -00 J0.9 At • 0 X 2 IND. 5 X ILI ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26,E, ZONING ORDINANCE Application Application is in is not in conin-olts Compliance Compliance Attached CONDITIONS: I. That the specific use will be compatible Nvith and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values -within the immediate 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. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, funics, dust, noise and vibration; x 6. That directional lighting will be provided so as not to disturb or adversely atTect neighboring properties; x 7. 'I'liat 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 ANALYSIS continued This application is in compliance with the eight conditions necessary for approval of the temporary use of a trailer as a residence at 1825 Montrose Avenue. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: William L. and Victoria L Manning PROPERTY OWNER: William L. and Victoria L. Manning LOCATION: 1825 Montrose Avenue EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 0.74 acres, more or less EXISTING LAND USES: Vacant lot FLOOD HAZARD ZONE: A-3 (100 Year) SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: DD #6 Ditch RS (Residential Single Family Dwelling) EAST: DD #6 Ditch RS SOUTH: Destroyed home, residences RS WEST: Montrose Avenue, residences RS COMPREHENSIVE PLAN: Stable area OTHER PHYSICAL FEATURES: House flooded after heavy, prolonged rain during June 2001. STREETS: Montrose Avenue is a major collector between College and Washington Boulevard. The street has a 60' right-of-way and a 20' asphalt pavement. DRAINAGE: Ditches, street and DD #6. WATER: There is a 6" water line in Montrose Avenue. GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: FIRE PROTECTION: There is an 8" sanitary sewer in Montrose Avenue, Fire protection is provided by Station #6, 1880 Major Drive. ADEQUACY OF SERVICE: Public utilities and services are adequate.