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Home My WebLink AboutPZ2022-19 (02)DATE: March 3, 2022 TO: Board of Adjustment FROM: Demii Emgman,Senior Planner SUBJECT: To consider a request for a Variance to the required front yard setback to be reduced FILE* PZ2822-19 STAFFIREPORT This case was tabled from the February 3, 2022 agenda due to a discrepancy with the site p�an. Ashley Clark, ne mQStonewater|nt,brequesting aVariance for the property located at2405 To8ane Street. The property iszoned GC -MD (General Cormmnervial— 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 smaUIer 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 (GbO) 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 a0 three conditions necessary for approval have been met: A) That the granting ofthe variance will not hecontrary to the public interest; 8\ 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 imquestion. "Unnecessary hardship" shall mean physical hardship, relating tothe 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 [\ 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 inFavor . Responses |OOpposition LEGAL DESCRIPTION Being Plat ID5, 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, Stonewate,r Inc. for HARRIS ARTHUR LEE PROPERTY OWNER: Arthur Lee Harris LOCATION: 2405 Tulane Street EXISTING ZONING: GC -MD (General Commercial Multiple-Faimily Dwelling) PROPERTY SIZE: 0.201 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: Commercial GC -MD (General: Commercial Multiple -Family Dwelling) EAST: Residential GC -MD & R-S (Residential Single Family Dwelling) SOUTH: Residential GC -MD WEST: Commercial GC -MD COMPREHENSIVE PLAN: Conservation & Revitalization Area STREETS: 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 DRAINAGE: open ditch WATER: 2.25" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 2010' ROCHA FRANCISCO & EVITA L WORTHY LILLIE MARIE CHAVEZ MANUELA MANDLIJANO CHAVEZ GUADALUPE IRIS NEW REVELATION WORSHIP CENTER NEW REVELATION WORSHIP CENTER NEW REVELATION WORSHIP CENTER DAVIS AARON RUEUS HARRIS ARTHUR LEE TZAMPOP PABLO AJ'ANEL DIMAYUGA JOAQUIN KNIGHT BEANNA CLOUD LYNN & PATSY BLOCK MELVIN CARRILLO-CARRANZA ISIS & ELAVIANO JUAREZ MATTHES ENTERPRISES MOORE BABE ESTATE HOLMES SAM T ESTATE HOLMES SAMT ESTATE DAVIS AARON RUEUS BATHLA ENDEAVORS LLC LEAVEN JASPER SR TZAMPOP PABLO AJANEL GOBAR LLC MARQU'EZ JOSEEINA TREJO A 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 Case Status: ACTIVE Tag Name. Variance Initiated On: 1112/2022 1:38:26PM 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 HARRIS ARTHUR LEE Home Phone: 2405 Tulane Work Phone: Missing Address, City. State, or Zip Code in People Cell Phone: E-Mail; Legal Description Type of Variance: That the granting of the variance will not be contrary to the p,ubllic 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: PL D5 T54 A Wl LLIAM S Variance 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 I Case#: PZ2022-19 Printed Ow 1/2012022 To: City ufBeaumont P|amnimKand Zoning Re: Request for Variance at24O5Tu|oneSt, Beaumont, TX777O3 We are requesting a variance for the following homeowner and address: Arthur Lee Harris 2405Tu|ame5t Beaumont, TX77703 VVcwould like tubuild outside ofthe setback lines imorder to provide this citizen ofbeaunnnotwith improved living conditions. Due to the climesions of the floor �lans offered by the Texas General Land Office Homeowner's Assistance Pmm0rarn and the irregular shape ofMr. Harris's property there is not floor plan provided that would fit within the setback lines nfthis 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 GLU Program and by default lose out on being made whole again after the terdb]etragedy that was Harvey. The lot is a triangu�ar 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 ustoprovide Mr. Harris with asafe, energy efficient, and structurally sound new home. Thank you, Ashley Clark t— li7 ��i roo 70 Figu rr. SDXOI'lNownvie EAWS �NVIM SM C) U) AMPASSAS ST. CD LLI ile PZ2022-19: To consider a request for a Variance to the required front yard setback to educed from 20' to 10'11". iplicant: Ashley Clark, Stonewater Inc, for HARRIS ARTHUR LEE cation: 2405 Tulane Street 0 1010 200 1 1 1 1 Feet