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Home My WebLink AboutMar 2022 BOA Packet*AGENDA* BOARD OF ADJUSTMENT March 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: htti)s:/,/www.youtube.com/channel/UCnY6nNk8zfXZulMglzbwEBg *AGENDA* ROLL CALL PROVAL OF MINUTES Approval of the minutes of the meeting held February 3, 2022. SWEARING IN OF WITNESSES 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 10'. Applicant: Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE Location: 2405 Tulane Street 3) File PZ2022-29: To consider a request for a Variance to the required rear yard setback to be reduced from 25' to 3.64. Applicant: Israel Mendiola Jr. Location: 5495 Greenbriar Ln 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. *MINUTES* BOARD OF ADJUSTMENT February 3, 2022 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on February 3, 2022 and called to order at 3:03 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Board Member Joey Hilliard Alternate Board Member Christy Amuny Alternate Board Member Christopher Jones Also present: Demi Engman, Senior Planner Sharae Reed, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Beaver moved to approve the minutes for January 6, 2022. Board. Member Sorrell seconded the motion. The motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES All present witnesses were sworn in at 3:04 p.m. PUBLIC HEARING The applicant for PZ2022-18 was not present. Therefore, PZ2022-19 was heard first. 1) File PZ2022-19: To consider a request for a Variance to the required front yard setback to be reduced from 20' to 1011 1 ". Applicant: Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE Location: 2405 Tulane Street Chairman Timaeus informed the applicant that with only four (4) members present, an approval would require a unanimous vote. He explained the applicant's options of continuing the meeting with the members present or postponing to a future meeting. The applicant chose to continue with the meeting. BOARD OF ADJUSTMENT February 3, 2022 Mrs. Engman presented the 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. Slides of the subject property and site plan were shown. Twenty-five (25) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Discussion followed to clarify the measurements of the setbacks. Discussion continued about the variance possibly needing an amendment. Ms. Reed confirmed that because notification only went out about the variance as it is on the agenda, it could not be amended at this meeting. The applicant was present. Jennifer Foreman, representing Stonewater Inc., 6480 Eastex Fwy Suite A- 1, addressed the Board. She stated that she was willing to wait until a future meeting if needed to resolve the discrepancy. After further brief discussion concerning the specifics of the setbacks, the Board came to a consensus to table the item until a future meeting. 2) File PZ2022-18: To consider a request for a Variance to reduce the perimeter landscaping buffer and eliminate the required tees to the rear property line. Applicant: Charles Shajari for Naeem Akhtar 2 BOARD OF ADJUSTMENT February 3, 2022 Location: 4797 Magnolia Avenue Chairman Timacus explained that Mr. Shajari had not yet been sworn in and also explained that the applicant bears the burden of proof to demonstrate that the conditions for a variance to be granted. Chairman Timaeus also informed the applicant that with only four (4) members present, an approval would require a unanimous vote. He explained the applicant's options of continuing the meeting with the members present or postponing to a future meeting. The applicant chose to postpone the request. The item was tabled until a future meeting. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:20 p.m. 3 DATE: March 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 This case was tabled from the February 3, 2022 agenda by the applicant due to quorum size. 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. 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. Staff discovered this property received an approved Variance in 1982 for the rear yard setback to be reduced from 10' to 0'. Please see the official certification of Board of Adjustment decision as a reference. In 2000, Council adopted Sec. 28.04.006 landscaping and screening requirements which require a 10' landscaped buffer between commercial developments and residential zoning districts. The applicant claims the proposed building will have an exterior depth of 40', leaving 25' of retail space inside the building. If the residential landscape buffer is required then they will have to encroach into the required spacing for proper traffic flow within the parking lot. 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 LEGAL DESCRIPTION Being Lots 5-8, Block 2 out of the Hegele Addition, Beaumont, Jefferson County, Texas, containing 0.643 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Charles Shajari for Naeem Akhtar PROPERTY OWNER: HAFFAN INC LOCATION: 4797 Magnolia Avenue EXISTING ZONING: GC -MD (General Commercial Multiple -Family Dwelling) PROPERTY SIZE: 0.643 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: "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 LAND USES: SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial Multiple -Family Dwelling) EAST: Commercial GC -MD SOUTH: Vacant GC -MD WEST: Residential GC -MD &RM-H (Residential Multiple Family Dwelling- Highest Density) COMPREHENSIVE PLAN: Conservation & Revitalization Area STREETS: 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 DRAINAGE: Curb & Gutter WATER: 12" water line SANITARY SEWER SERVICE: 20" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' ARBEN REAL ESTATE LLC WALTER PRESTON ARBEN REAL ESTATE LLC DAVIS RONNIE GLEN DELL SR NAZS ENTERPRISES INC RESENDIZ NESTOR & HERLINDA GREEN ASHLEY JAMIL AKEEL HAFFAN INC SINGH HARVINDER LANDRY ANTIONETTE GARCIA ELIJIO & MARIA DOLORES GLOBAL ONE ENTERPRISES GLOBAL ONE ENTERPRISES MATTHEWS FREDDIE ARBEN REAL ESTATE LLC ROY DONNA OWENS LARRY FERNANDEZ MARCELLA BATISTE ANDREW THIBODEAUXJUNE PEOPLES KATHY HEBERT DELAM RUFF JAMIL MUHAMMAD AKEEL BEAUMONT 1ST KOREAN UNITED METHODIST BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: ACTIVE Case Sub Type: Variance Tag Name: Waive resi landscaping requirement Case #: PZ2022-18 Initiated On: 1/12/2022 11:45:02AM Location: 4797 MAGNOLIAAVE, BEAUMONT, 77703 Individuals listed on the record: Applicant Naeem Akhtar Home Phone: Missing Address, City, State, or Zip Code in People Work Phone: Cell Phone: 409-553-3173 E-Mail: akhtarnaeem108@yahoo.com Agent Charles Shajari Home Phone: 409-351-2601 87 Interstate 10 N Suite 115 Work Phone: Beaumont, TX 77707 Cell Phone: 409-351-2601 E-Mail: benchmarkl990@gmall.com Property Owner 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 Blk 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 inlout 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 fuctlonal 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 #: PZ2022-18 Printed On: 1/2012022 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 -Mat Store. We need the 24' back-up drive from parking lots for egress to the canopy travelling vehicles in/out and fire truck from the site. Therefore, it is necessary to have this approval to proceed with our proposed development. 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Page(s), 150 01 the NAP Records of JEfFER50N County, Toxea. 1n accordance with the flood Insurance Rate Flap of the Federal gmerXency Flanagement Agency, map reference shorn, the subject tract ltes In the flood lone noted. Leeatlen ad reap was determined by media. Actual field elevation net determined. unless requested. SOUTEX 9URVFIVORS, Inc. does not warrant nor subscribe to the accuracy or scale of aald map, This survey 1s certified for this Lransactten only; It is not transferable to additional Institutions or subsequent owners. nTLE COMMITMENT ANTHONY 61 LEGER EFFECTIVE: 12/9/16 REGISTERED PROFESSIONAL LAND S VEY 1 SURVEYORS MOTES Community Panel NO.: ....i.......................... 4115457-ED1-1 485457-1K120-C 1 ANTHONY Fyl. LEGER C , �., �jEeSi8SI1C,�,,••.3737 pPanei '! Dale: {?.A 0T.L40983.24 D-toaD764i Paor, I Project Me, � ._-15-1095_ wr SURVEYORS & FNGINFERS F-409,%3.2" 511Ry OFFICIAL CERTIFICATION OF BOARD OF ADJUSTMENT DECISION This will certify that on APRIL 12, 1982 the (date) Board of Adjustment approved by a vote of to a request by W.H. WATKINS for a applicant variance from Section 30-37 E 2b) of the City Code for property located at 4795 MAGNOLIA The applicant is given 10 days to appeal a denial of this deci- sion commencing upon APRIL 13, 1982 date at'�,4(APRIL 12, 1982 Signature of Chairman date Board of Adjustment ATTEST: Commission expires 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 0 100 200 1 1 1 1 Feet DATE: March 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'. FILE: PZ2022-19 STAFF REPORT This case was tabled from the February 3, 2022 agenda due to a discrepancy with the site plan. 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'. 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 LEGAL DESCRIPTION Being Plat 135, Track 54 of the A. Williams League Survey, Beaumont, Jefferson County, Texas, containing 0.201 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE PROPERTY OWNER: Arthur Lee Harris EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: SURROUNDING LAND USES NORTH: Commercial EAST: Residential SOUTH: Residential WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: SANITARY SEWER SERVICE: PROPERTY OWNER NOTICES SENT WITHIN 200' ROCHA FRANCISCO & EVITA L WORTHY LILLIE MARIE CHAVEZ MANUELA MANDUJANO 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 CHAVEZ GUADALUPE IRIS NEW REVELATION WORSHIP CENTER NEW REVELATION WORSHIP CENTER NEW REVELATION WORSHIP CENTER DAVIS AARON RUFUS HARRIS ARTHUR LEE TZAMPOP PABLO AJANEL DIMAYUGA JOAQUIN 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 TZAMPOP 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-i Beaumont, TX 77708 Property Owner HARMS 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: Cell 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 #: P72022-19 Printed On: 1120/2022 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 �5�+ I IF �9 n3o,.. + �r�•=at inr:.ri.: ulao d1W (" Z-13.. oold yoraloa) — I�:�,�� snxal'1NOWf1V38 JA3M aNVIM SOK. O j+ x}} ��9�i13 sxavi F�OJ.I]NlS4W ,.cQ3 dZOl 0 lZOZ 11 � Y Y •l S�.i � Vl a w N, rn � AMPASSAS ST. r-s+ LU � 4i aao •Fp+ ��gq��$ d lit T File PZ2022-19: To consider a request for a Variance to the required front yard setback to be —N reduced from 20' to 10'11". Applicant: Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE Location: 2405 Tulane Street 0 100 200 1 1 1 1 Feet P GC -MD i m Legend P@ - ,, r - GC;'MD 4�r NE i z1. s .c 1A,•., I DATE: March 3, 2022 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: To consider a request for a Variance to the required rear yard setback to be reduced from 25' to 3.64'. FILE: PZ2022-29 STAFF REPORT Israel Mendiola Jr. is requesting a Variance for the property located at 5495 Greenbriar Ln. The property is zoned Residential Single -Family (R-S) and therefore requires a rear yard setback of 25' for a main structure. The applicant is requesting the rear yard setback to be reduced from 25' to 3.64'. Please see the survey located in your packets for a visual reference of the aforementioned. The appraiser for the home discovered there was an addition completed without the benefit of a Variance sometime prior to 2003, Staff does have records of a Variance being filed by the U.S. Department of Housing and Urban Development (HUD) in October 2003. They requested permission to keep the encroachment of 6" into the 5' side setback and the encroachment of 22'2" into the rear setback. The Board approved the side setback request; however, they denied the rear setback request. Please see the staff report for October 2, 2003 and official certification of Board of Adjustment decision as a reference. Mr. Mendiola Jr. is now in the process of selling a home to a buyer. However, the buyer's lender will not grant the home loan to the house due to the nonconformity of the existing rear yard encroachment, as it was never granted approval. 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 27 Responses in Favor Responses in Opposition LEGAL. DESCRIPTION Being Lot 20, Block I of the Briar Creek Section 1 Addition, Beaumont, Jefferson County, Texas, containing 0.265 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Israel Mendiola Jr. PROPERTY OWNER: MENDIOLA ISRAELJR & LAURA L LOCATION: 5495 Greenbriar Ln EXISTING ZONING: R-S (Residential Single -Family) PROPERTY SIZE: —0.265 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) EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: Stable Area STREETS: Greenbriar Ln - Cul-de-sac with a 90' right-of-way and 69' pavement width DRAINAGE: Curb and gutter WATER: Z" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' WILLIAMS BONNIE L REDD OSCAR E & DEXTERLENE ZHOU HONG MENDIOLA ISRAEL JR & LAURA L MILLER VICTORIA MASTERS BILLY GENE MORGAN TROVON D & CATHRYN B SPERLING DONNA LAVERGNE JOHN E & ANGELA M DAVIDSON GAY WALL GREGORY M & LINDA F BEATTY GLEN M REDMON BEVERLY SYKES ALMA KATHLEEN STRATTON BOURDIER JOYCE H TRUONG NU KNOBLOCH HENRY GUYJR. MOORE GERMAINE ANDREW STOUGH CHARLENE (LIFE ESTATE) LARAMORE CHRISTY L BERRY LIONELJOSEPH LEBLANC EMMA MCKINLEY PAMELA S FAIRLEY PATRICIA ROGERS VILNA F & A DOVER FAMILY LP K&M REGENCY PLACE LP BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2022-29 Location: 5495 GREENBRIAR LN, BEAUMONT, 77706 Individuals listed on the record. Applicant Israel Mendiola Jr. 720 S 24TH ST Kingsville, TX 78363 Agent Tim Williams Beaumont, Tx 77706Missing Address, City, State, or Zip Code in People Property Owner Israel Mendiola Jr. 5495 Greenbriar Ln Beaumont, TX 77706 Type of Variance: Variance Case Status: PAY FEES Tag Name: variance to rear setback Initiated On: 1/21/2022 3:23:49PM Home Phone: Work Phone: Cell Phone: 8034098007 E-Mail: Mendiola90@aol.com Home Phone: Work Phone: Cell Phone: 409-4603777 E-Mail: TimWilSellMyHouse@kw.com Home Phone: Work Phone: Cell Phone: 8034098007 E-Mail: Mendiola90@aol.com Legal Description LOT 20, Block 1, Briarcreek Subdivision, Section 1 That the granting of the variance will No, not be contrary to the public interest Due to the home being a residential home in a subdivision That literal enforcement of the Yes, Due to buyers will not be able to purchase home due to ordinance will result in unnecessary appraiser will not approve without a variance from the City of hardship Beaumont. That by granting the variance, the Yes, ordinance will be observed and substantial justice will be done. spirit of the ordinance will be observed Seller had lost a love one and decided to move back home to South and substantial justice will be done Texas to help care for mother in-law. Notes: Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2022-29 Printed On: 2/11/2022 Letter for Variance for Property at 5495 GreenbriarLn, BeaumontTexas 77706 (January 25,2022) Dear Memb ers of the Zoning Board of Appeals, I am writing to seek a Variance for my single-family home at (5495 Greenbriar Ln. Beaumont, Texas 77706). Current zoning rules state that any rear setbacks line must be no more than 25 feet from fence line. The Residence protrudes 21ft from a 25ft rear setback line. This rear setback line has been this way since house was bought from the previous owners. I have attached a copy of the survey for 5495 Greenbriar Ln. (LOT 20 BLOCK 1 of Briar Creek Subdivision Section 1) dated December 16, 2015. Due to a resent death in the family, we had to relocate to South Texas and help with the care of my mother in-law. I have put the house up for sale and found a buyer. Unfortunately, the buyers Lcanderwill not grate the home loan to the house due the house being over the rear setback line. I am requesting that the rear setback line remains the same so that both parties involved can move forward with the selling and buying of the house. Additionally, the propose that this Variance is being requested for does not encroach or infringe on any neighboring residential properties, nor would it impose any hardship on any neighbors, nor would it serve to create a situation where any neighbor's quality of life, property value, or peaceful co -existence would be negatively affected. Should you have any questions, please do not hesitate to contact me at the number or email address below. Thank you for your thoughtful consideration of this request. Respectfully Submitted Israel Mendiola Jr. (USA Retired) 5495 Greenbriar Ln. Beaumont, Texas 77706 Cell: (803) 409-8007 Email: Mendiola90@aol.com CURVE 1 RADIUS 1 ARC LENGTH 1 CHORD LENGTH 1 CHORD BEARING 1 DELTA ANGLE END Cl I 45.DO' 1 33.80' 1 33.02' 1 S23'48'00'E 43*0231' CALL C1 I 45.DO' 1 33.87' 1 33.01- 43-07'17' 10' HACKBERRY TREE BEARS S44'13'58"E 0.56' vol 6 i LOt 40 A CALCULATED CORNER UNABLE TO (CALL NO2'34'2C>V 135.79') o FIND OR SET CORNER DUE TO 10' FND N42°34'26"W 135.79' 1 C? LOT 20 BLOCK 1 25' REAR BLDG, SETBACK_---__-___ � w w z \ FC K0. t04-48-1201 OPRJC am wpm �\ =wC'Ka `� 335• zEm�-.a v\�V U. Z JO R. ` -V� \ W n rz qw z , . ~ x� �\ &. `SAC 0 0 r* rn z oQ11-mo Z' ELEC. yS LfTR. zdwZcwia T A' .10 s(!. .a cc �\ 0 . 000. vi o M le a 5' SIDE SETBACK--' o FC NO. 100-48-1201 \ 0 0 \ OPRJC z o m w 0 (on�OZ 19 15' SLOGUTYSETBACK .R MENi & DE - PLAT 0 ��z��o ¢' a a k� PROTRUSION NOTE: V) RESIDENCE PROTRUDES 21.36° ONTO A 25' en w o a a 4Y "' REAR SETBACK LINE. Q) RESIDENCE PROTRUDES 0.25' ONTO A 5' SIDE s aa. rn a- 0 SETBACK LINE. zoo=zoz�} =�aQw�dd NOTE: o W a �d z 7 0 UNDERGROUND ELECTRIC SERVICE EXAGT LOCATION OF UNDERGROUtD N (n Q I ¢ ELECTRIC UNKNOWN. TO THE LEINHOLDERS AND THE OWNERS OF THE PREMISES SURVEYED AND TO THE FIRST AMERICAN TRLE INSURANCE COMPANY. THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS. SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS, ENCROACHMENTS, OVER -LAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHTS -OF -WAY EXCEPT AS SHOWN HEREON, AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY. ALL EASEMENTS SHOWN AND NOTED PER TEXAS REGIONAL TITLE G.F. No. 19757-MR GATE SURVEYED: DECEMBER 16, 2015 15-! r.HO.A..... ROtiYE . 5728 THOMAS S. ROWE - REGISTERED PROFESSIONAL LAMOR No. 5728 +MARK. WHITELEY D ASSOCIATES INCORPORATED TING ENGINEERS, ORS, AND PLANNERSS. FIRM NO. 101067000) P. 0. BOX 5492 BEAUMONT, TEXAS 77726-5492 409-892-0421 3250 EASTEX FRWY. BEAUMONT, TEXAS 77703 (FAX) 409-892-1346 SCALE 1';z0' Vol Is �9� END 57 { !. ROI i59° I o Y N U" u) O N j{I 0 0�0 ----- ws � n O U F- o..g o ry I r'oW BRICK & FRAME j"az RESIDENCE I I C1 (ram in NO I IV w z c> 03 Z Z w L. a m LOt TN rn FND 1/2' G1 L ROD END 5/ Et I. ROD �_ 'PEDESTAL LIGHT LIGHT POLE GREENBRIAR LANE (50' ROW) 5495 GRFENBRIAR LANE BEAUMONT, TX 77706 Lot Number Twenty (20) in Block Number One (1) of BRIAR CREEK SUBDIVISION SECTION ONE, an Addition to the City of Beaumont, Jefferson County, Texas, as the some appears upon the map or plot thereof, on fife and of record in Volume 14, Page 158, Map Records of Jefferson County, Texas. Owner. Israel Mendiola, Jr. & Laura L. Mendiola Census: 3.08 In accordance with the Flood Hazard Boundary Map, Deportment of Housing and Urban Development. Community No.: 485457 Panel No.: D035 C Date of FIRM: 8-5-02 �l This property lies in Zane 'X" (white). r- Location on map determined by scale on map. rrm Actual field elevation not determined. o Mark W, Whiteley and Associates does not warrant nor subscribe to the accuracy or scale of said maps. U I Zone "X' (white) are areas determined to be outside 500-year flood plain. (r p 2ar5 Park it. IY W-y & AsS oWes, k. R.'s dr _.t. as cn .nsV,.rn^•R or krfiress'�.�er scnice, �r Ms prcpsrtl ar rirk W. Kh'105r & Asracttes, ire. "",d :s not 1+ 8e used, •ep+ed.ced, _"W oe d�sfrL�te d, -. •F:e or part aT met R1 "'qle "Ut1,4�dal'm'i W MA A[ 1'nTe::r & Assac'arss, M.C. OFFICIAL CERTIFICATION OF BOARD OF ADJUSTMENT DECISION FILE: 507-BA This will certify that on October 2 2003 the Board of Adjustment approved/denied see below by a vote of 5 to 0 Special Exception, X Variances, Appeal as allowed by Section 30-37 (e) from Section 30-25 b) I of the City Code for property located at 5495 Greenbriar Lane and requested by U. S. Department of Housing and Urban Development This decision approves the variance to encroach 6" into the 5' side yard buildiniz setback and denies the variance to encroach 22' 2" into the rear _yard building setback for a house at 5495 Greenbriar Lane, beingLot 20, Block 1 Briar Creek Addition Qi1y of Beaumont Jefferson Coun r Texas. There is a ten day time period to appeal this decision commencing upon _ October 2, 2003 10/02/03 S gnature of ha'rman Date Board of Adjustment THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEF�E ME, toe undersigned authority, on this day personally appeared V"a r`f ,�{ �'�is known to me to be person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIV�N E MY HAND and seal of office this of 4 1P- _ , 2003. o��Y Ar/9r x NOTARY PUBLIC `fix `' STATE OP TEXAS MY Comm. Expires 01-27-2004 Nota iubalic, State of Texas day DATE: October 2, 2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for variances to the minimum side yard setback from 5' to 4' 6" and to the minimum wear yard setback from 25' to 2' 10". FILE: 507-BA STAFF REPORT The U. S. Department of Housing and Urban Development has been deeded this property at 5495 Greenbriar Lane as the result of a foreclosure by the lender. First Preston, the contractor for HUD, has been engaged to secure, appraise and sell the property for IIUD. During its research to prepare the property for sale, First Preston discovered that the previous owner had built some structures beyond the rear building setback line. In addition, the northeast corner of the house is built 6" into the side building setback. HUD is asking that the Board of Adjustment approve these building setback encroachments so that the sale of the property can proceed. The applicant sliall have the burden of proof that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 49 . Responses in Favor . Responses in Opposition Pile PZ2022-29: To consider a request for a Variance to the required rear yard setback to reduced from 25' to 3.64' Applicant: Israel Mendiola Jr Location: 5495 Greenbriar Ln 0 100 200 L- i I I Feet I - r Legend f +a(RRiVAT')) , _ ;;j PZ2022-29 rn — --- — -- FOLSOM wI � - ,i„ -. p - --- - - 'R_S. f O D GREENBR!'AR ¢ _ — R=S' TIMBERLINE R-S' —p t n l ` � ROLLING,BRObK BRIAR A'y