HomeMy WebLinkAboutApr 2023 BOA Packet*A G E N D A*
BOARD OFADJUSTMENT
1uFloor Conference Room, Ste, l3O City Hall
801 Main Street, Beaumont, Texas
Public Hearing
The meeting will also be broadcasted on the City's YouTube channel:
*AGENOA*
mni i ra..
APPROVAL OF MINUTES
Approval ofthe minutes ofthe meeting held March 2,ZO23.
SWEARING IN OF WITNESSES
PUBLIC HEARING
8 To consider a request for aSpecial Exception to waive off-street parking and
loading requirements for acarpentry shop.
Applicant: JavierRa|da
Location- lOO9Orange Avenue
2) Toconsider arequest for aVariance tothe minimum rear yard setback
requirement for ahouse.
Applicant: Israel Mend1o|aJr.
Location: 5495 Greenbriar Lane
3) To consider request for a Variance to the minimum front and rear yard
setback requirements for a house.
Applicant: ]WTC,]VVTurner Construction, Ltd.
Location: 2550 Brooklyn Street
OTHER BUSINESS
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Persons with disabilities who plan tojoin thismeetngandvvhomayneedamdUaryabborserviceaare
requested tocontact Chris Catalina at8OO'3777.
MI N U T E S
BOARD OF ADJUSTMENT
March 2, 2023
City Hall, 801 Main Sh-eet
A meeti ng of the Board of Adjustment was held on March 2, 2023 and called to order at 3 -. 0 0 p.m-
with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Tom Rowe
Board Member Rogers Sorrell Jr.
Alternate Board Member Chris Jones
Board Members absent: Board Member Joey Hilliard
Alternate Board Member Christy Amuny
Also present: Adina .nosey, Senior Planner
Chase Engman, Assistant City Attorney
Susan Smith, Recording Secretary
APPROVAL OF MINUTES
Alternate Board Men -fiber Jones moved to approve the minutes for February 2, 2023. Board
Member Board Member Sorrell seconded the motion. The motion to approve the minutes carried
5:0.
SWEARING IN OF WITNESSES
All witnesses were sworn in at 3:02 p.m.
OTHER BUSINESS
Chairman Timaeus proposed hearing Other Business prior to the Public Hearing portion of the
meeting in order that the Board may understand the Texas Local Government Code amendilicnt
by which the members would be making a decision for the Public Hearing agenda item. He then
explained the amendment and referenced the memo included in the meeting packet, which states:
City Ordinance Section .002.00 e B , (page 28.16) says the Board of Adjustment
cannot consider financial issues in determining if an "unnecessary hardship" exists. Legislature
has recently changed this. Tex, Loc. Gout Code 211.009:
BOARD OF ADJUs'rMENT
March 2, 2023
In exercising its authority under Subsection (a)(3), the board may consider the following as
grounds to determine whether compliance with the ordinance as applied to a structure that is the
subject of the appeal would result in unnecessary hardship:
(1) the financial cost of compliance is greater than 50 percent of the appraised value of the
structure as shown on the most recent appraisal roll certified to the assessor for the
municipality under Section 26.01 , fax Code;
(2) compliance would result in a loss to the lot on which the structure is located of at least
25 percent of the area on which development may physically occur;
A Post -Session update from the Texas Municipal League states the following:
ings, e0oi-cing the ordinance as
"A BOA is authoilzed to gi-ant a variance if,' iranong othei- th ' i v3) not defined iaitten ivould i-esult in "unnecessary harTh
dsh*. " e tei-ni, "unnecessary hai-clship is
Ip
-ts of.facts fhat can constilute an
in state laiv, so over thne courts have gral)pled ivith the soi
cc unnecessary hai-cishil) " and juslify granting a wa-iance. Until the passage of H.B. 1475, an
unnecessary harclshil) iiould be one that ii1as not self-ijnposed, pei-sonal in naturei rvlated to the
pivpei-for ich the iwilance is sought, and not a solelyfinancial hai-dshil). The hat-dshi needed
P
to be a condil or i in iq ire, ol)press Ne, and riot corn on to o th ci 4 prol3erly
This canges the above analysis * a coul.)Ie i,ilays. It adds more ojecth)e crilei-ict i-ilhich a BOA
hin
can consider- to deterinine ivhethei- compliance 1-oth a cloi's zoning ordinance cis al-y)Iied to a
sliquatire ii)ould result in- an unnecessai- hai-clsh ' . For the fii-st lime, in-ely financial
J Ip P
considerations can qualifi� an applscant for- a i)ai-iance. Additionallj, if the pi-oposed sti-ucrui-e
TV0111d be con sidei-ed a nor core sh4uctw-e, that could be gi-ounds io grant a i�arlance. Those
ysis, ii7hich alio-�t� an applicant to get over- the
are ntlo significant shifts in variance anal - be
{gun necessaiy hai-dship" hta-dle a little inom easilj� Undej- the nei,i) lcni), there inight (in
-unnecessary haridshi if.-
P
1. the cost of corm )liar e ii4th the zoning oi-dinance is greater than 50 pt ricereof the
cyvi-aised i)alue of the st)-tictia-e cis shoit�n on the inost r-ecent ceafeed aj)I)i-alsal roll; or
2. conyAcince i-muld result In a loss to the lot on iMich the structure is located of at least 25
pei-ceni of the area on i,Mich dei�elqnnent may physically occur-; or
3. sorry )liance Would result in the sticuctince not in cony-Viance iillth a i-equh-enient of another
ciy ordinance, building code, or other requirement; or
4. corn l)flance ii)otdd result in the unreasonable enc)-oachinent on an adjacent properly or
easenient-,* 0)4
5. the cion considei4s the sti•ticture to be a lionconfoi4ming sh,,ucture.
Keej) in inind that to i-ant a wiriance, the i�ai-iance in-ust not be ontr•crry to the public interest, and
the spil-It of the zoning ordinance niust be obse)-veid. So ei�en if a proposed structio-e fits an
CC unnecesscay hamlsh"" categoi-y aboi�e, granting the i7ai-lancat
e is not automic. The facts
Ip
surrounding each i�ariance i-equest still have to be anctlyzed by the BOA, bul HB. 1475 changes
2
BOARD OF ADJUSTMENT
March 21) 2023
Part of the cinalysis. Cities and their BOAs should look at their zoning rides, policies,
clocuinentcition, cind electronic or printed inciferials to Mclke sure lhej� are ulwlated to rejlect this
ing cipplicants in the fall.
change in slate laii? and be reaidj�fior neii, argivnentsfi-oin zon
Board Menibers had no questions and stated they -understood the arnendment.
PUBLIC HEARING
1) File PZ2023-49: To consider a request for a Variance to the required front yard setback
to be reduced from 25" to 3' for a carport.
Applicant: Helen Sutton-Tegbe
Location: 1310 Galway Drive
Mrs. Jose y presented the staff report. Helen Sutton-Tegbe is requesting a Variance for the property
located at 131 Galway Drive. She would like to construct a carport in the required front yard.
Carports are permitted in the required front yard if there is no existing garage or access to the rear
yard. Ms. Sutton-T egbe, however, has an existing garage. The property is zoned RS (Residential
0
SingDw
le -Family elling) and therefore requiresa 25' building setback froin the front property line.
The applicant requests the required setback to be reduced from 25' to 3.
A Stop Work Order was issued on January 25, 2023, as construction had begun without the benefit
of a permit.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met:
A) rl"hat 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 othee. extraordinary or
exccptional physical situation or hardship physical condition unique to the specific,
piece of property in question. "UDnecessary hardship"' shall n-lean physical hardship
0
relating to the property itself as distinguished from a hardsbip relating to convenience,
financial considerations or caprice, and the hardship must not result fm rothe applicant
or owner' s actions; and
Q 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.
Eighteen (18) notices were mailed to property owners within two hundred (200) feet of the sub ect
property. Zero (0) responses were received in favor and one (t) was received in opposition. Mrs.
Jos stated that the property owner in opposition commented that if there was a guarantee
property values will not go down, they would not mind.
3
BOARD OF ADJUSTMENT
March 2., 2023
Brief discussion followed CODeerning the Board's inability to guarantee property values will not
decrease and the role of the Board to only approve, disapprove, or table an agenda item.
The applicant was present. Helcn Sutton-Tegbe, 13 10 Galway Drive, Beaumont, Texas, addressed
the Board. She stated the carport is necessary due to the shape of the property. She further stated
that the carport will not encroach in the street and not contrary to her neighbors or public interest.
The land is useless without the carport and she presented photographs of neighboring carports
e I conditions similar to the one she is rcquesting. Ms, 'Tegbe added that she has n et the condifions necessarfor
approval and submittcd the necessary drawings required by Staff. United Metals, of Beaumont, is
the contractor and Chairman Timaeus stated that he is concerned that the company began
construction of the carport prior to receiving the proper permits from the City. Ms. Tegbe further
stated that the garage iS CUrrently used to house dogs in kemicls. She also voiced concern relating
to statements made by City staff during the application process. Chairn-lan Timaeus explained the
role of the Board in relation to staff complaints and suggested that Ms. Tegbe follow the chain of
command to initiate a complaint.
The public hearing on this request was closed.
The board discussed the case aniongst themselves.
The Public hearing on this request was reopened.
Board Member Beaver discussed with staff the Property Owner Notice fornis mailed to
surrotinding property owners. Ms. Tcbge inquired as to the process of obtaining a copy of the
notice submitted by the property owner that is in opposition to the, request. Board Member Beaver
further explained that once the forms are mailed, surrounding property owners will often phone
staff with questions relating to the form and not return the form to the City.
The board further discussed the case amongst themselves.
Also discussed was the location of the proposed carport in relation to the casement along the
property line and the side yard setback.
The public hearing on this request was closed without further comment.
Alternate Board Member Jones moved to approve the request for a Variance to the required front
and setback to be reduced from. 25' to 3' for a carport, as requested in File PZ2023-48. Board
Meinber Beaver seconded the motion. A roll call vote was taken. Chairman Timacus-No, Board
Membcr Beaver -Aye, Board Member Rowe -No, and Men-iber Sorrell -Aye, Alternate Board
Member Jones -Aye. The motion to approve failed 3:2.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:24
P'M.
4
DATE: April Gi2-O23
TO: Board of Adjustment
FROM: Adina Josey, Senior Planner
SUBJECT: Toconsider arequest for aSpecial Exception towaive off-street parking and
loading requirements for acarpentry shop.
FILE: PZ2023-97
STAFF REPORT
Javier Ra|dahas requested aspecial exception towaive off-street parking requirements for the
property atlOO9Orange Avenue.
Special exception (c.) allows a waiver to off-street parking when the Board finds the same is
unnecessary for the proposed use ofthe building for which the request applies.
Mr.Ra|da has submitted a Specific Use Permit application for con ' sideration by the Planning and
zoning Commission. The building where hehopes toopen his carpentry shop currently does
not have parking that meets City requirements. According tothe Zoning Ordinance, the FiOOO
sq. ft. shop would require 6parking spaces. Parking for the structure has historically been on
the City'sr|ght'o[+may,and backs out onto the street pavement. The property includes a
vacant lot behind the building, but paving would be required for an approach and ADA
compliant parking )[ off-street parking tomeet the Zoning Ordinance isrequired. Mr. Ralda
states this would cause him hardship.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 23
Responses \nFavor Responses inopposition '
LEGAL DESCRIPTION_
Being Lot 67 and the north 45' of Lot 68. Block G` Crary Addition, Beaumont, Jefferson [ounty,
Texas, containing O-327acres, more orless.
GENERAL INFORMATION PUBLIC UTILITIES
APPLICANT: Javier RaIda
PROPERTY OWNERS: Victor Corrales
LOCATION - 1009 Orange Avenue
-EXISTING ZONING.: GC -MD (General Commercial Multi -Family
Dwelling)
PROPERTY SIZE: "0.327 acres, more or less
EXISTING LAND USES- Vacant commercial structure
FLOOD HAZARD ZONE: X — Area determined to be outside the 500-
year floodplain.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant GC -MD (General Commercial Muiti-Farnily
Dwelling)
EAST: 'Vacant Residential GC-MD/RCR (Residential Conservation
Revitalization)
SOUTH: Church/Residential RCR (Residential Conservation Revitalization)
WEST: Residential/Vacant
RCR
COMPREHENSIVE PLAN:
Conservation Revitalization
STREETS:
Gilbert Street - Local street with a 601 right-of-way
and 18' pavement width.
Oran e Avenue — Local street with a 601 right-of-
way and 30" pavement width.
DRAINAGE:
Curb and Gutter on Orange Avenue, Open ditch
and culverts on Gilbert Street
WATER:
2 "grater line
SANITARY SEWER SERVICE:
10 1' and 6*" Sanitary sewer lines
PROPERTY OWNERS NOTIFIED WITHIN FEET
STATE OF TEXAS
AREF SAM EER
LAFLEUR VALIIESA ESTATE
TRO N MY-NGOC
ARELLANO-LOZA MARIO M
DIOCESE OF BEAUMONT
AR A MARY ELLEN
MALENO FRANGSA VALERA
NGUYEN LOAN
F ENTERIA JUVENAL LT Uri
MERCADO MARIA GUADALUPE
SIFUENT'ES FRANCISCO & R SA MARIA HERNANDE
SANCHEZ NESTOR N
BE
AV
M
C3
NT
Planning & Community Development
1� Case Status: PAY FEES
Case Type:P[anning and Zoning Tag Name: Parking in the previously assigned area
Case Sub Type. Special Exception Initiated On: 2/27/2023 3:02*02PM
Case #: PZ2023-97
Lo r, ati on: too 9 0 RAN G E AVE, B E AU MONT, 7 7701
Individuals listed on the record:
Applicant
Home Phone'.
Javier RaIda
Work Phone:
9201 Oak Arbor Dr
Cell Phone- 9794299742
Conroe, TX 77384
E-mail: javier@carpenwood.com
Property Owner
Victor Gorrales
Home Phone,
5570 Dinner Dr
Work Phone:
Cell Phone: 4092913149
Beauniont, TX 77708
E-Mail: vorralesvictorl 987(o ,,grnail.cOm
Page I of 2
base Type: Planning and Zoning Printed On: 3/14/2023
Case 4: PZ2023-97
BE
AU
MO
NT
Planning & Community Development
Extend enlarge a building occupied by N
a nonconforming use on the lot or tract
occupied by such building, provided
that the constrLiCtiOn does not prevent
the return of the property to a
conforming use
the front yard setback of abutting lot N
does riot meet the front yard
requirement or the rear yard setback
of any 4 or more lots in same block do
not meet the rear yard requirements
Existing front yard setback of the N
various lots in the same block are not
uniform
A yard exception on corner lots N
minimurn front yard requirements for N
owner identification signs
Minimum interior side yard setback N
requirement for owner identifications
signs for existing businesses which
were developed prior to 41111981
An exception from the minimum side N
yard setback requirement where a
nonconforming building was in
existence at the time of the passage of
this ordinance.
Waivelreduce off-street parking and Y
loading requirements when the Board
finds the same are unnecessary for the
proposed use of the building or
structure for which the special
exception request applies
Exception for 10 additional feet in N
height for an advertising sign
Notes:
Page 2 of 2
Case Type. Planning and Zoning Printed On: 311412023
Case#: PZ2023-97
PEL EIRSONAL AFFIDAVIT
1, Javier Adalberto RaIda Reyes, USA citizen as member and representative of my company
Carpenwood LLC, declare before a Texas Notary Public, the reasons for which I request that we
be -exempted from the requirement to build a new parking lot in the 1009 Orange Street in
Beaumont Texas.
1. The debt of Carpenwood LLC for the acquisition of the building amounts to $131,200 (One
hundred thirty-one thousand two hundred dollars without cents) of which $82,600 is still due to the
previous owner and $48,600 is due to personal lines of credit, obtained from banks as personal
loans. This seriously compromises our financial capacity, because the quotes we obtained for the
construction of the new parking lot exceed $10,000 dollars. In addition, our investment in tools
and equipment exceeds $20 thousand dollars.
2. Recently, we paid the outstanding property tax debt from the previous owner at the City of
Beaumont Tax Collector Office, for a value of $5200 (five thousand two hundred dollars).
3. The current parking lot is enough for the carpentry, because Carpenwood LLC is a workshop
that does not have a showroom, therefore it does not receive visits from clients or suppliers.
Therefore, the current parking lot is and will be exclusive for workers.
4. The workshop is located on Orange Street in Beaumont Texas, whiph is a street with very little
traffic, very similar to the dead end streets.
If you need more detail about our current situation, feel free to contact me at
javier@carpenwood.com where I can gladly offer more details about it. I appreciate your time and
consWeration, since we only intend to operate in order, as soon as possible, respecting the
provisions of the/,dffy of Beaumont.
avid Mrfo aIda Reyes
Aff iant
NOTARY ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
on this date, M-) —, before me, the undersigned Notary Public personally appeared Javier
Adalberto aIda Reyes and provided satisfactory evidence of identification through Texas Ddver License to be
the person whose name is signed on the preceding document, and swore under the penalty of per ury that the
foregoing statements are true.
bawazw% WM7_rWV L J. Z7-111
NIKUL ARVINDBHAI PATEL
FF.
Nlrjzaty Public, State of Texas:::
< Con -irnEx . pires 1-1 1 -s Notary Public, In and For the State of Texas
OF
Notain, ID 131'%]"76376
(SEAL and signature)
File PZ2023-97: To consider a request for a Special Exception to waive off-street parking and
loading requirements for a carpentry shop.
Applicant: Javier RaIda
Location: 1009 Orange Avenue
0 100 200
1 1 1 1 Feet
DATE: April 6'%OZ3
TO: Board ofAdjustment
FROM: Adina Josey, Senior Planner
SUBJ E CT: To co ns iderarequest foraVa ria nce to the min I mu. mrear Ya rd setba ckreqL]ire me nt fore
FILE: PI2023'114
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 o rear yard setback of ZS' for a main stmcture.
The applicant is requesting the rear yard setback to be reduced f rorn 250 to 3.641.
Anappraiser for thehomediscovered thevewas anadd YUoncompletedvvithuutthebenefhofaVadance
somedmzphorto2OC8. Staff does have record ofoVar|anosbe|ng f iled bytheU.S.DepartmenLofHous]ng
and Urban Development (HUD)lnOctober Z003. They requested Variances for O"into the 5'm\niNumside
setback and 22'2"into the ` mlnimumrear setbacktoaccommodate existing encroachments. The Board
approved the Variance to the side setback, but denied the Variance for the rear setback. |nMarch ofZO2Z,
Mr. Mendiola requested the Variance to the rear setback a second time. Staff reports and Certifications for
the October 2,7DO3and March 3,2O2Zmeetings are attached.
Mr. yWendio|aJr. has been unable tosell the home causing him financial hardship,which was not
previously
allowable for consideration. Lenders will not grant a horne loan for the house due to the existing rear yard
encroachrnent, as It was never granted approval. In addition, a recent appraisal states,"Va\uai|onissub]ect
toattaining aZoning VaManoaand oon�rma�W�
onthattheauecta|eQa\non'conform\ngimprovemenL^As
discussedprev|ously)the Texas Local Government Code 2l1.009states, " .. the board may consider the
following as grounds to determine whether compliance with the ordinance as applied to a structure that is
the subject of the appeal would result in unnecessary hardship: (1) the financial cost of compliance is greater
than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to
theassessor for the muoidpaUtyunder Section 26.01 Tax Coft"JeffersonCen1raIAppra\sa|District Uststhe
property's assessed value as$2O5,293.QO.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval
have been met:
� ��t���W�
i��eVa��
n�Un��������N�
epu1n���
B'' That literal enforcement of the ordinance will result in unnecessary hardship because of
exceptional narrownes� shallowness., shape topography or other extraordinary or exceptional
phvsca -|s�uadonorhardsh\pphysIca \ con d0onuniquetothesped�cpiece ofprope�yin
question. "Unnecessaryhardsh\u°shaUmeenpbvsicaihardsh\prc1atingtotheprope�y�seUaa distinguished from ohardship relating toconvenieno� financial considerations orcaprice, and
the hardship must not result from the applicant orowner's actions; and
C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to propeity owners 27
Responses in Favor Responses in opposition
LEGAL DESCRIPTION
Being Lot 2-0, Block I of thM01
e Briar Creek Section I Addition, BeaU1tj Jefferson County, Texas.. containing
0.265 acres., more or less.
GENERAL INFORMATION PUBLIC UTILITIES
APPLICANT: Israel Mendiola Jr.
-PROPERTY OWNER: MENDIOL-A ISRAEL JR & LAURA L
-LOCATION, 5495 Greenbriar Ln
EXISTING zONING: R-S (Residential Single-Farnily)
PROPERTY SIZE: r-0.2-65 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)
LAST:
Residential R-S
SOUTH:
Residential R-S
WEST,
Residential R-S
COMPREHENSIVE PLAN: Stable Area
STREETS", Greenbriar Ln - Cul-de-sac with a 901 right-of-way and 691
pavement width
-DRAINAGE: Curb and gutter
WATER;
." water lire
SANITARY SEWER SERVICE: 6 ;f sanitary sewer lire
PROPERTY OWNER NOTICES SENT WITHIN 00'
BEATTY GLEN M
BERRY L10NELJOSEPH
BOURDIER JOYCE H
DAVIDSON GAY
FAIRLY PATRICIA
HG2 LP
HUDA AMIN & GULZAR
K&M REGENCY PLACE LP
KNOBLOCH HENRY GUY JR
LARAMORE CHRIS7Y L
LAVERGNE JOHN E & ANGELA M
LEBLA{VC EMMA
MANESS INVESTMENT PROPERTIES LLC
MASTERS BILLY GENE
MENDIOlA ISRAELJR & LAURA L
MILLER VICTORIA
MQORE GERMAINE ANDREW
NARCiSSE PAUL
PNILLIPS CATHRYN B
REDb OSCAR E & DEXTERLENE
REbMON BEVERLY
ROGERS VII.NA
STOUGH CFIARLENE (LIFE ESTATE)
TRUONG NU
WALL GREGQRY M $c LfNDA F
WILLIAMS BONNIE L
ZHOU HONG
BE
AV
M
C3 SIT
Planning & Community Development
Case Type:Planning and Zoning case status: PAY FEES
Case Sub Type: Variance Tag Larne: Variance for exsisting structure
Case #: PZ2023-114 Initiated On: 317/2023 8:24:02AM
Location: 5495 GREENBRIAR LN, BEAUMONT, 77706
Individuals listed on the record:
Applicant
Israel Mendiola Jr. -
5495 Greenbriar Ln
Beaumont, TX 77706
Agent
Tim Williams
6310 Delaware St.
Beaumont, TX 77706
Home Phone,
Work Phone:
Cell Phone: 8034098007
E-Mail: MendiolagO@a0l.con)
Home Phone:
Work Phone:
Cell Phone: 4094447555
E-Mail: Tlmwillsellniyhouse-@KW.com
Property Owner
Israel Mendiola Jr. Home Phone,
5495 Greenbriar Ln Work Phone:
Beaumont, TX 77706 Cell Phone: 8034098007
E-Mail: Mendiola9C@aol.com
Type of Variance: Variance
Legal Description
That the granting of the variance will The granting of the variance would have no effect and does not
not he contrary to the public interest encroach or infringe on any neighboring residential properties.
That literal enforcement of the The literal enforcement of the ordinance would not impose any
ordinance will result in unnecessary unnecessary hardship to any neighbors.
hardship
That by granting the variance, the The granting of the variance would have no effect, nor would it serve
spirit oef the ordinance will be observed to create a situation where any neighbor's quality of life property
and substantial justice will be done value, or peaceful co -existing would he negatively affected.
No tes:
Page 1 of
Case Type: Planning and . Zoning I
Printed On: 3/1412023
Case #: PZ2023-114
Letter for Variance for property at
5495 Greenbriar Ln, Beauiiiont, Texas 77706
City of Beaumont
Planning Division
801 Main Street, Ste. 210
Beaumont, Texas 77701
(March 6, 2023)
Dear Planning & Zoning Members,
We respectfully request a variance for our single-family home at (5495 Greenbriar Ln.
Beaumont, Texas 77706). The existing structure in the back is over the rear setback line. To our
knowledge, this existing structure has been in place since 2004. When we purchased the
property -in 2CI6, the.appraiserand title company seem to feel that it was not an issue, however
the new appraiser saw the survey that we had when we purchased the home and would not
allover LIS to sell the property without a variance. The variance that we are requesting is only for
the existing structure. We do not wish to build any other structures over the rear setback line. I
have attached a copy of the survey for our property at 5495 Greenbriar Ln. (LOT 0BLOCK 1 of
Briar Creek Subdivision Section 1) dated December 16, 2015,
The granting of the variance would have no effect and 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 -existing would be negatively affected.
Thank you for your consideration,
Sincerely,
Israel Mendiola Jr.
Property Owner
CURVE MUIUti AKC; LtMilh I UnUNU L-r-l'tuln ULMINIPIV L.PL_U1r-1 rvlvL..
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—BEARS S44!13'58'"E 0,56'
VO '26') vol 15
CALCULATED CORNER UNABLE TO -
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PROTRUSION NOTE;
(D RESIDENCE PROTRUDES 21.36' ONTO A 25'
REAR SETBACK LINE.
0 RESIDENCE PROTRUDES 0.25' ONTO A 5' SIDE
SETBACK LINE,
NOTE; SERVICE,
OU
GROUND ELECTRIC SERVICE
OF U
EXACT LOCATION OF UNDER tELECTRIG UN10:0WN.
TO THE LEINHOLIDERS AND THE OWNERS OF THE PREMISES
SURVEYED AND TO THE FIRST AMERICAN TITLE INSURANCE COMPANY.
THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY
WAS TfilS DAY MADE ON THE GROUND OF THE PROPERTY
LEGALLY DESCRIBED HEREON AND IS CORRECT, AND
WAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES
IN AREA, BOUNDARY UNE CONFLICTS, ENCROACH M ENTS,
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 EkSEMENTS SHOWN AND NOTEO PER TEXAS REGIONAL TITLE
G.F. No, 19757—MR -ddkkb.-
DATE SURVEYED: -DECEMOER j6,2015
Cj%STt,
THOMAS S. ROWE
0 0 0 a 0 P . k 4 d d a 0 P 0 % v * 4 .2 0 a
572
%
TH01MAS S. ROVIE — REGISTEREO PROFESSIONAL
L MARK W. WHrrEICE'
Y
AIND ASSOCIATES
INCORPORATED
WLING ENGUMM,
COC'
SURVEY
ORS, AND PUMMS
T,B,P.L8- FM NO. 101067000
M\2D15\15-1453\15-1453.1]
R No. 5728
P. 0, B" 6492
BEAU, ONT. TEW 77726-5492
409-692-G421
3250 MM FRWY.
DFA1 ON'T, TEXAS 77703
(FA 409-892-1346
00.00op— FND 1/2v
tA 1. ROD
FND 5/8" ELEC.
1. 0-,-'-�PEDESTAL
ILIGI-9
POLE
ROD7GREENBRIAR LANE
(50' ROW)
5495 GREENBRIAR 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, Tex -as, cis the some appears upon the
map or plot thereof, on file and of record in
Volume 14, Page 15B, Map Records of Jefferson
County, Texas.
Owner; Israel Mendiola, Jr. & Laura L. Mendiola
Census. 3.OB
In accordance with the Flood Hazard Boundary
Map, Department of Housing
and Urban Development.
Community No.: 485457
Panel No.: 0035 C
Date of FIRM: B-6-02
Thin property lies in Zone "X' (white).
Location on map determined by scale on map.
Actual field elevation not. determined.
z
Mark V1, Whiteley and Associates does not
warront nor subscribe to the accuracy or
scale of said maps. I
cn
Zone 'X' (white) are areas determined
to be outside 500—year flood plain.
Ln
2015 York W. llhitehy & Associates, inc.
Tip .'5 dociom-ent, io.T on initniment of protess'onol serv,ce, is the grope-rty
_t
�Ii
U d
of vark ye Kiite,�y & Associates. Pric. ord is riot to be used, reproduced,
coped or d-Udbuted, in kFho!-z or port h,'fhauf the virkfen authmzation of
York $X & As-soc-'Otes, Mc-
File PZ2023-114: To consider a request for a Variance to the minimunn rear yard setback
requirement for a house.
Applicant: Israel Mendiola Jr.
Location: 5495 Greenbrier Lane
DATE: April 6,2023
TO: Board ofAdjustment
FROM: Adina Josey, Senior Planner
SUBJECT: Toconsider a request for aVariance to the minimumfront and rear yard setback
requirements for ahouse.
qTAFFRFPORT
]W Turner Construction, Ltd., is requesting a Variance for the property located at2550Brooklyn Street. The
property iszoned Residential Single -Family (R-S) and therefore requires a front yard setback of2-7and arear
yard setback of2S/. The applicant is requesting the front yard be reduced to 1.6' and the rear yard be
reduced toS/.
This wUibe anew home provided through the Texas General Land Office Homeowners Assistance Program
for disaster recovery. The available lot is 53.1" wide, but only 49.6' deep, and the proposed house will be 281
wide by43'deep. Newly platted lots are required tobeaminimumofSdvv|debv1OO^deep. The applicant
states that the extreme shallowness of this lot creates a hardship.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval
have been met
AJ That the granting ofthe Variance will not becontrary tothe public interest;
B' That literal enforcement ofthe ordinance vvUz
will inunnecessary hanjshipbecausecd
exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional
pbvs�ca|sbua�onorh�ndsh|pphvsicaicond��onunjquetothespec|�cpieceofprope�yin
' h < hardship | t\ � ih property itself as
question. "Unneceosaryhardsh)o~�haUnne�np physical ren� o a e
distinguished from o hardship relating to convenience., financial considerations or caprice., and
the hardship mustnot result fromthe applicant orowner'sactions; and
C) That by granting the Variance, the spirit of the ordinance will be observed and substantla I justice
will bedone.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 20 -
Responses in Favor . Responses in opposition
LEGAL DESCRIPTION
Being the north S2�x49' of Lot Q,Block �Arlington Addition., Beaumont, Jefferson County, Texas., containing
WEST: Residential
]VVT[]VVTurner [onstruction,Ltd.
Jesus[enge1as
2S5DBrooklyn Street
RN1'H (Residential K4ub|pie'Famik/ Dwelling — Highest
Density)
~O.OS8acres more orless
Residential
X—A/eadeterminedtobeoutsidetheSOD'
yearf|oodpla|n
ZONING:SURROUNDING
RW4-H (Residential Multip\e-Farni\yDwelling —Highest
Density)
RKq-M
Stable Area
— Local street with o8O`hght+zf-wayand
2O`pavement width.
Open ditch
Accessed through neighboring properLytoa12"water
line
6"sanitary sewer line
PROPERTY owNER NOTICES E1 T WITHIN 2001
ALVAREZ MARIO HERNANDE
ANTINE GWEN HARRIS
BARBER CIARLIE
BST! GEORGE & WNDA
C RLIN EDWARD & U SEL
CE DEJAS JESUS GAONA
D I ANTES FRANCISCO & ALMA
GAO NA JESUS CENDEJAS
ILLRY DAVID
HACIENDA SERViCES INC
JEFFERS N MARION & V' ILLIE III
JfES 1DA JEAN
NIHTCN VILLIE JR &.
LE1IELL GERALDINE
MCCBEVELY
MO RE RACC RI TE 4ESIE
PRICE ESS1E
PURDY RICHARD & LINDA
ACHITANO ANN
BEAuM
O NT
Planning & Community Development
Case Type:Planning and Zoning Case Status: PAY FEES
Case Sub Type: Variance Tag Name: Variance Request -Building Setbacks
Case #: PZ2023-123 Initiated On: 3/1 312023 5-24:OOPM
Location: 2550 BROOKLYN ST, BEAUMONT, 77701
Individuals listed on the record:
Applicant
JWTC JW Turner Construction, Ltd.
14215 Mary Jane Lane
Tomball, TX 77377
Agent
JWTG JW Turner Construction, Ltd.
14215 Mary Jane Lane
Tomball, TX 77377
Property Owner
Jesus Gendejas
2550 Brooklyn St
Beaumont, TX 77701
Type of Variance:
Legal Description
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:
Home Phone. 409-853-4002
Work Phone:
Cell Phone, 409-853-4002
E-Mail- beau mont.admin@jwtc, net
Home Phone: 409-853-4002
Work Phone:
Cell Phone:
E-Mail: beaurnont.adrnin@jwtc.net
Hu me Phone: (40 9) 9 32-4101
Work Phone*
Cell Phone:
E-Mail:
Variance
ARLINGTON N52.5'X491 OF LT C BLK 33
The proposed placement of the new home should not negatively
affect the look of the neighberhood as all houses on Brooklyn Street
within the vicinity of this home, are set at various distances from the
right of way. This newly reconstructed home will most definitely result
in a positive impact on the homeowner's community.
This property has been approved by the Texas General Land Office
Homeowner Assistance Program for disaster recovery reconstruction
This storm -damaged home (to be reconstructed) is situated on a lot
that is 53.1'wide by 49.6' deep. The proposed house plan is 28.01
wide by 43.0' long. The new home can be situated on the lot to meet
the 5' side setbacks, however, the rear setback would be 5' from the
property line and the front setback would be 1.6'frorn the front
property line, which is 29.8' from the edge of right of way on Brooklyn
Street. This newly reconstructed home will most definitely result in a
positive impact on the homeowner's wellbeing .
Our proposed site plan includes variances on the front and rear
setbacks, while still respecting both left and right side build lines.
Case Type: Planri[iig and Zoning
Case #: PZ2023-123
Page I of 1
Printed On: 3/1412023
March 13, 2023
City of Beaumont
Beaumont Board of Adjustment
Re: Setback Variance — 2550 Brooklyn St, Beaumont (Homeowner — Jesus Cendejas)
To Beaumont Board of Adjustment,
This property has been approved by the Texas General Land Office Homeowner Assistance Program for
disaster recover reconstruction, This storm -damaged home to be reconstructed) is situated on a lot
that is 53.1'wide by 49.6' deep, The proposed house plan is 28.0'wide by 43.01 long. The new home
can be situated on the lot to meet the 5' side setbacks, however, the rear setback would be 5from the
property line and the front setback would be 1.6' from the front property line, which is 29.8'frorn the edge
of right of way on Brooklyn Street.
This roposed placement should not negatively affect the look of the neighborhood as all houses on
p
Brooklyn Street, within a few blocks of this home, are set at various distances from the right of way. This
newly reconstructed home will most definitely result in a positive impact on the homeowner's wellbeing,
as well as a positive impact on his community.
Our proposed site plan includes variances on the front and rear setbacks, while still respecting both left
and riW
ght side build lines. e are requesting a variance on the 15' city defined rear setback and 25'front
setback to reconstruct this storm damaged home for Mr. Cend ej as a n d the Texas General Land Office.
Sincerely,
Katrina Randazzo
l~ trrn yiwt aret
3113 Highway 69; Nederland, TX 77627
Corporate: 142-15 Mary Jane Lane; Tomball, TX 77377
Phone: 1-800-483-9333 Fax, 291-290-9511
www.iwtc.net
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File PZ2023-123: To consider a request for a Variance to the minimum front and rear yard
etback requirements for a house.
Applicant: JWTC, JW Turner Construction, Ltd.
Location: 2550 Brooklyn Street