HomeMy WebLinkAboutFeb 2022 BOA Packet*AGENDA*
BOARD OF ADJUSTMENT
February 3, 2022
City Council Chambers, City Hall
801 Main Street, Beaumont, Texas
Public Hearing
3:00 p.m.
The meeting will also be broadcasted on the City's YouTube channel:
https://www.youtube.com/channel/UCnY6nNk8zfXZulMglzbwEBg
*AGENDA*
ROLL CALL
APPROVAL, OF MINUTES
Approval of the minutes of the meeting held January 6, 2022.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File PZ2022-18: To consider a request for a Variance to reduce the perimeter
landscaping buffer and eliminate the required trees to the rear property line.
Applicant: Charles Shajari for Naeem Akhtar
Location: 4797 Magnolia Avenue
2) File PZ2022-19: To consider a request for a Variance to the required front yard setback
to be reduced from 20' to 1011".
Applicant: Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE
Location: 2405 Tulane Street
OTHER BUSINESS
ADJOURN
Persons with disabilities who plan to join this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
MINUTESX
BOARD OF ADJUSTMENT
January 6, 2022
City Hall, 801 Main Street
A meeting of the Board of Adjustment was held on January 6, 2022 and called to order at 3:05 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Joey Hilliard
Board Member Rogers Sorrell Jr.
Alternate Board Member Christopher Jones
Board Members absent: Board Member Tom Rowe
Alternate Board Member Christy Amuny
Also present: Demi Engman, Senior Planner
Sharae Reed, Fast Assistant City Attorney
Catherine Allen, Recording Secretary
APPROVAL OF MINUTES
Board Member Hilliard moved to approve the minutes for December 2, 2021. Alternate Board
Member Jones seconded the motion. The motion to approve the minutes carried 5:0.
SWEARING IN OF WITNESSES
All witnesses were sworn in at 3:05 p.m.
PUBLIC HEARING
1) File PZ2021-416: To consider a request for a Variance to the required front yard setback to be
reduced from 25' to 5' and the exterior side yard setback to be reduced from 15' to 4.5' for a
main structure in R-S (Residential Single -Family) zoning.
Applicant: JWTC JW Turner Construction, Ltd. for Angelica Carrier
Location: 1102 Long Avenue
Mrs. Engman presented the staff report. JW Turner Construction, Ltd, on behalf of Angelica Carrier,
is requesting a variance for the property located at 1102 Long Avenue. The property is zoned
Residential Single -Family (R-S) and therefore requires a 25' building setback from the front property
line and an exterior side yard setback for a main structure. The applicant is requesting a variance to the
front yard setback to be reduced from 25' to 5'. Additionally, they are requesting a variance to the
exterior side yard setback to be reduced from 15' to 4.5'.
BOARD OF ADJUSTMENT
January G, 2022
1102 Long Avenue has a lot depth of 70' and width of 37.5'. Our minimum lot requirements for a
parcel located in the R-S zoning district are 50' in width and 100' in depth. Therefore, this lot is less
than the required minimums per our City ordinances Sec. 28.03.024 District Area and Height
Regulations.
JW Turner Construction, Ltd is a local company. They have participated in the General Land Office
(GLO) Disaster Recovery Program to facilitate building structurally sound homes and mitigate future
flooding hazards for citizens' homes that have been affected by natural disasters.
The applicant shall have the burden of proof to demonstrate that all thrce conditions necessary for
approval have been met:
A) That the granting of the variance will not be contrary to the public interest;
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 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.
Slides of the subject property and site plan were shown.
Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the
subject property. Zero responses were received in favor or opposition.
Brief discussion followed concerning the proposed setback and how it is measured.
The applicant was present. Karl Gassen, representing JWTC JW Turner Construction, 14215 Mary
Jane Lane, Tomball, TX addressed the Board. He stated that this project was through the GLO
program and that the current setbacks are ten (10) feet on the side, seventeen (17) feet on the fiont and
five (5) feet on the back. He confirmed the measurements of the proposed home. Finally, he stated
that the GLO requires either a wheelchair ramp or lift and that the homeowner chose a wheelchair lift.
Board Member Beaver asked if the property owner understood and supported the proposal and Mr.
Gassen confirmed this to be the case.
2
BOARD OF ADJUSTMENT
January G, 2022
Angelica Carrier, 1102 Long Avenue, addressed the Commission. She stated that she is the
homeowner. She added that the contractor had explained the plan to her. Ms. Carrier stated that she
agrees with the plans and requests approval of the request.
The public hearing on this item was closed without further comment.
Alternate Board Member Jones moved to approve the request for a variance to the required front yard
setback to be reduced from 25' to 5' and the exterior side yard setback to be reduced from 15' to 4.5'
for a main structure in R-S (Residential Single -Family) zoning, as requested in File PZ2021-41 E.
Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Tianaeus-Aye,
Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Sorrell -Aye, Alternate
Board Member Jones -Aye. The motion to approve passed 5:0.
2) File PZ2021-439: To consider a request for a Variance to the perimeter landscaping
requirements and the required rear yard setback to be reduced from 15' to 5' in GC -MD
(General Commercial Multiple -Family Dwelling) zoning.
Applicant: Charles Shajari for Jamil M. Akeel
Location: 4705 Magnolia Avenue
Mrs. Engman presented the staff report. Charles Shajari is in the design process for a convenience
store to be located at 4705 Magnolia Avenue.
The west property line is adjacent to RM-H (Residential Multiple Family — Highest Density) district.
The Zoning Ordinance requires a ten (10) foot landscaped buffer between commercial developments
and residential zoning districts.
The applicant claims the interior of the building will be anywhere from 28' to 38', which will leave
limited retail space. Therefore, he requests a variance along the west property line to eliminate the
perimeter landscaping requirements and reduce the rear setback from 15' to 5'.
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;
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 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.
BOARD OF ADJUSTMENT
January G, 2022
Slides of the subject property and site plan were shown.
Twenty-four (24) notices were mailed to property owners within two hundred (200) feet of the subject
property. Zero responses were received in favor or opposition.
The applicant was present. Charles Shajari, 871nterstate 10 N Suite 115, addressed the board. He
referred to the site plan and stated that the cooler in the back of the convenience store will encroach ten
(10) feet, thus causing the need for the variance and landscape waiver. He added that without approval
of the variance, the store would be too shallow and parking would be adversely affected.
Alternate Board Member Jones asked if the cooler will be fenced in. Mr. Shajari stated that there will
be a fence behind the store, but that the cooler will not be specifically fenced in. He added that another
property next to the subject property will be making a similar request.
The public hearing on this request was closed without fihrther comment,
The board discussed the case amongst themselves.
Mrs. Engman added that there was a variance in 1982 which allowed a zero foot setback for a
convenience store.
Alternate Board Member Jones moved to approve the request for variance to the perimeter landscaping
requirements and the required rear yard setback to be reduced from 15' to 5' in GC -MD (General
Commercial Multiple -Family Dwelling) zoning, as requested in File PZ2021-439. Board Member
Beaver seconded the motion. A roll call vote was taken. Chairman Timaeus-No, Board Member
Beaver -Aye, Board Member Hilliard -Aye, Board Member Sorrell -Aye, Alternate Board Member
Jones -Aye. The motion to approve carried 4:1.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:2.4 p.m,
4
DATE.. February 3, 2022
TO: Board of Adjustment
FROM: Demi Engman, Senior Planner
SUBJECT: To consider a request for a Variance to reduce the perimeter landscaping buffer and
eliminate the required trees to the rear property line.
FILE: PZ2022-18
STAFF= REPORT
Charles Shajari is in the design phase for a new convenience store to be located at 4797 Magnolia
Avenue. A portion of the west property line is adjacent to an RM-H (Residential Multiple Family —
Highest Density) district. The Zoning Ordinance requires a 10' landscaped buffer between commercial
developments and residential zoning districts.
The applicant claims the proposed building will have an exterior depth of40', which will make the
interior 25'. If the residential landscape buffer is required then they will have to encroach into the
required spacing for proper traffic flow.
Therefore, as displayed on the site plan provided, Mr. Shajari requests a Variance to the residential
perimeter landscape buffer for the portion of the west property line adjacent to RM-H to be reduced
from 10' to 5' and to eliminate the required trees within it.
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;
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 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 25
Responses in Favor . Responses in Opposition
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Commercial
EAST: Commercial
SOUTH: Vacant
WEST: Residential
COMPRFHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER
PROPERTY OWNER NOTICES SENT WITHIN 200'
ARBEN REAL ESTATE LLC
WALTER PRESTON
ARBEN REAL ESTATE LLC
DAVIS RONNIE GLENDELL SR
NAZS ENTERPRISES INC
Charles Shajari for Naeem Akhtar
HAFFAN INC
4797 Magnolia Avenue
GC -MD (General Commercial Multiple -Family Dwelling)
0.643 acres, more or less
Commercial
"Shaded X" - Areas determined to be outside the Special
Flood Hazard Area between the limits of the base flood and
the 0.2% annual -chance flood
SURROUNDING ZONING:
GC -MD (General Commercial Multiple -Family Dwelling)
GC -MD
GC -MD
GC -MD &RM-H (Residential Multiple Family Dwelling- Highest
Density)
Conservation & Revitalization Area
Magnolia Ave — Secondary Arterial Street with a 62'
Right-of-way and a 48' pavement width
E Lucas Dr — Secondary Arterial Street with a 69'
Right-of-way and a 42' pavement width
Curb & Gutter
12" water line
20" sanitary sewer line
RESENDIZ NESTOR & HFRLINDA
GREEN ASHLEY
JAMIL AKEEL
HAFFAN INC
SINGH HARVINDER
LANDRY ANTION ETTE
GARCIA ELIJIO & MARIA DOLORES
GLOBAL ONE ENTERPRISES
GLOBAL ONE ENTERPRISES
MATTHEWS FREDDIE
ARBEN REAL ESTATE LLC
ROY DONNA
OWENS LARRY
FERNANDEZ MARCELLA
BATISTE ANDREW
THIBODEAUX JUNE
PEOPLES KATHY
HEBERT DELAM RUFF
JAM IL MUHAMMAD AKEEL
BEAUMONT 1ST KOREAN UNITED
METHODIST
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning
Case Sub Type: Variance
Case #: P72022-18
Location: 4797 MAGNOLIAAVE, BEAUMONT, 77703
Individuals listed on the record:
Applicant
Naeem Akhtar
Missing Address, City, State, or Zip Code in People
Agent
Charles Shajari
87 Interstate 10 N Suite 115
Beaumont, TX 77707
Property Owner
Case Status: ACTIVE
Tag Name: Waive resi landscaping requirement
Initiated On: 1/12/2022 11:45:02AM
Home Phone:
Work Phone:
Cell Phone: 409-553-3173
E-Mail: akhtarnaoem108@yahoo.com
Home Phone: 409-351-2601
Work Phone:
Cell Phone: 409-351-2601
E-Mail: benchmarkl990@gmail.com
Naeem Akhtar home Phone:
Missing Address, City, State, or Zip Code in People Work Phone:
Cell Phone:
E-Mail:
Legal Description Lot 5,6,7 &8 Bilk 2 Hegele Addition
Type of Variance:
That the granting of the variance will
In order to develop this project within the standard requirements, we
not be contrary to the public interest
need the 24'
back-up drive for egress to the canopy for vehicles in/out from the
site. Therefore,
requesting to grant this variance from 15' to 5' as shown on the site
plan.
This will not affect the public interest.
That literal enforcement of the
Since the building's exterior is 40', it is not fuctional to reduce the
ordinance will result in unnecessary
depth with the interior
hardship
of the building which will be less than 25'. Therefore it is necessary to
have the required
spacing for this development. See attached site plan for clearification,
That by granting the variance, the
By Granting this approval, we would like to move forward with our
spirit of the ordinance will be observed
development and reflect
and substantial justice will be done
the needed 10' area for the egress requirements.
Notes:
Case Type: Planning and zoning Page 1 of 1
Case 4: PZ2022-18 Printed On: 1 /20/2022
Magnolia Mini -Mart
4797 Magnolia Street Beaumont, TX 77703
January 12, 2022
Dear Board Members,
Requesting the Board of Adjustment to wave the parameter landscaping buffer on the rear
of the property to comply with the standards development for proposed Mini -Mart Store. We need
the 24' back-up drive from parking lots for egress to the canopy travelling vehicles in/out and fire
tuck from the site. Therefore, it is necessary to have this approval to proceed with our proposed
development.
Respectfully submitted,
4 X4�,'40,
Naeem Akhtax, Property Owner
Magnolia Mini- Mart
9
.4797 Magnolia Street
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Beaumont, TX 77703
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the underslaaed does hereby certtly that this Burry xaf Ibt. dap made on the ground or the proppaeHy Iea.Uy descethcd hereon cad U mrrart. end that
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and being described as IDTS 5. 6. 7. dr R. RLOCN 2_ HEGELE kDQJ'n0tJ
as recorded ID Volume 3 , p4e(s)150 of the NAP Records of AFFERSON County, Texas. In accordenca with tha flood
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He PZ2022-18: To consider a request for a Variance to reduce the perimeter landscaping buffe
nd eliminate the required trees to the rear property line.
pplicant: Charles Shajari for Naeem Akhtar
acation: 4797 Magnolia Avenue
0 100 200
l 1 1 J Feet
DATE: February 3, 2022
TO: Board of Adjustment
FROM: Demi Engman, Senior Planner
SUBJECT: To consider a request for a Variance to the required front yard setback to be reduced
. from 20' to 10'11".
FILE: PZ2022-19
STAFF REPORT
Ashley Clark, representing Stonewater Inc., is requesting a Variance for the property located at 2405
Tulane Street. The property is zoned GC -MD (General Commercial — Multiple Family Dwelling) district
and therefore requires a 20' building setback from the front property line for all structures. The
applicant is requesting a Variance to the front yard setback to be reduced from 20' to 10'11". The
applicant claims this lot is exceptionally smaller than the average GC -MD lot and also oddly shaped.
Stonewater, Inc. is a company based in Galveston, TX. They have participated in the General Land Office
(GLO) Disaster Recovery Program to facilitate building structurally sound homes and mitigate future
flooding hazards for citizens' homes that have been affected by natural disasters.
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;
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 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 25
Responses in Favor . Responses in Opposition
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES.
NORTH: Commercial
EAST: Residential
SOUTH: Residential
WEST: Commercial
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER
SERVICE:
PROPERTY OWNER NOTICES SENT WITHIN 200'
ROCHA FRANCISCO & EVITA L
WORTHY LILLIE MARIE
CHAVEZ MANUELA MANDUJANO
CHAVEZ GUADALUPE IRIS
NEW REVELATION WORSHIP CENTER
NEW REVELATION WORSHIP CENTER
NEW REVELATION WORSHIP CENTER
Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE
HARRIS ARTHUR LEE
2405 Tulane Street
GC -MD (General Commercial Multiple -Family Dwelling)
0.201 acres, more or less
Residential
"X" —Area determined to be outside the 500 year flood plain
SURROUNDING ZONING:
GC -MD (General Commercial Multiple -Family Dwelling)
GC -MD & R-S (Residential Single Family Dwelling)
GC -MD
GC -MD
Conservation & Revitalization Area
Tulane Street— Local Street with an unimproved 42' wide
Right-of-way
Lampassas Street — Local Private Street with a 40'
Right-of-way and a 16' pavement width
Open ditch
2.25" water line
6" sanitary sewer line
DAVIS AARON RUFUS
HARRIS ARTHUR LEE
TZAMPOP PABLO AJANEL
DI MAYUGA JOAQUI N
KNIGHT BEANNA
CLOUD LYNN & PATSY
BLOCK MELVIN
CARRILLO-CARRANZA ISIS & FLAVIANO JUAREZ
MATTHEWS ENTERPRISES
MOORE BABE ESTATE
HOLMES SAM T ESTATE
HOLMES SAM T ESTATE
DAVIS AARON RUFUS
BATHLA ENDEAVORS LLC
LEAVEN JASPER SR
TZAM POP PABLO AJANEL
GOBAR LLC
MARQUEZ JOSEFINA TREJO
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning
Case Sub Type: Variance
Case #: PZ2022-19
Location: 2405 TULANE ST, BEAUMONT, 77703
Individuals listed on the record:
Applicant
Ashley Clark
6480 Eastex Fwy Suite A-1
Beaumont, TX 77708
Agent
Ashley Clark
6480 Eastex Fwy Suite A-1
Beaumont, TX 77708
Property Owner
HARRIS ARTHUR LEE
2405 Tulane
Missing Address, City, State, or Zip Code in People
Legal Description
Type of Variance:
That the granting of the variance will
not be contrary to the public interest
That literal enforcement of the
ordinance will result in unnecessary
hardship
That by granting the variance, the
spirit of the ordinance will be observed
and substantial justice will be done
Notes:
Case Status: ACTIVE
Tag Name: Variance
Initiated On: 1/12/2022 1:38:26PM
PL D5 T54 A WILLIAMS
Variance
Home Phone:
Work Phone:
Cell Phone; 7134786416
E-Mail: ashley.clark@slscotx.com
Home Phone:
Work Phone:
Coll Phone: 7134786416
E-Mail: ashley.clark@slscotx.com
Home Phone:
Work Phone:
Cell Phone:
E-Mail:
This variance is not contrary to the public interest because the home
will still be within the individual property lines.
The lot size is exceptionally smaller than average also shaped like a
triangle.
This request will fit the neighborhood by demolishing the existing
home that does in fact encroach on the neighbors property. We will
fit the new home more on the existing property line.
Case Type: Planning and Zoning Page 1 of 1
Case #: PZ2022-19 Printed On: 1/20/2022
SLS
January 12, 2022
To: City of Beaumont
Planning and Zoning
Re: Request for Variance at 2405 Tulane St, Beaumont, TX 77703
We are requesting a variance for the following homeowner and address:
Arthur Lee Harris
2405 Tulane St
Beaumont, TX 77703
We would like to build outside of the setback lines in order to provide this citizen of beaumont with
improved living conditions. Due to the dimesions of the floor plans offered by the Texas General Land
Office Homeowner's Assistance Program and the irregular shape of Mr. Harris's property there is not a
floor plan provided that would fit within the setback lines of this property. Mr. Harris has already chosen
the smallest floor plan available due to his known lot restrictions. Not allowing the variance could cause
the homeowner to lose out on the GLO Program and by default lose out on being made whole again
after the terrible tragedy that was Harvey.
The lot is a triangular shape with a very small buildable space. Please reference the attached proposed
site plan for the dimensions of the new house in regards to the lot.
Please allow us to provide Mr. Harris with a safe, energy efficient, and structurally sound new home.
Thank you,
Ashley Clark
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AMPASSAS 7.
File PZ2022-19: To consider a request for a Variance to the required front yard setback to be
reduced from 20' to 10'11",
Applicant: Ashley Clark, Stonewater Inc, for HARRIS ARTHUR LEE
Location: 2405 Tuiane Street
0 100 200
Feet
A.
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