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Home My WebLink AboutMay 2023 BOA Packet`AGENDA* BOARD OF ADJUSTMENT MaV 4, 2023 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/UCnY6nN,k87-fXZulMglzbwEBg *AG E N D A * Pi i rai i APPROVAL OF MINUTES Approval of the minutes of the meeting held April 6, 2023. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File PZ2023-122: To consider a request for a Variance to the minimum side yard setback requirements for an accessory structure. Applicant: Holly Hamm Location: 229 W. Circuit Drive 2) File PZ202-3-133: To consider a request for a Variance to the minimum side yard setback requirements for a house. Applicant: JWTC,, JW Turner Construction., Ltd. Location: 3185 W. Crockett Street OTHER BUSINESS An 1011 PKI Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested to contact Kaltrina inick at 409-880-3777. MINUTES l30A1kD OF ADJUSTMENT April 6, 2023 I't Flooi- Confei-ence Room, Ste. 130, City Hall, 801. Main Sti-ect, Beatiniont, Texas A meeting of the Board of Adjustment was held on April 6, 2023 and called to order at 3:00 p.m. with the following men-ibers present: Chairman Dana Timaeus Board Member Jeff Beaver Board Men-iber'fom we Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent: Board Member Joey Hilliard Alternate Board Mcn-iber Christy Amuny Also present-. Adina Josey, Senior Planner Share Reed, City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Board Member Beaver moved to approve the min"tes of the March 2, 2023 meeting. Board Member Sorrcll seconded the ii-iotion. The motion to approve the minutes carried 5.0. SWEARING IN OF WI"I"NESSES All witnesses were sworn in at 3:02 p.m. PUBLIC HEARING File PZ2023-97: To consider a request for a Spccial Exception to waive off- street parking and loading requirements for a carpentry shop Applicant: Javier Ralda Location: 1009 Orange Avenue Mrs. Josey presented the staffreport. Javier Ralda has requested a special exception to waive off- street parking requirements for the property at 1009 Orange Avenue. BOARD OF ADJUSTMENT Aprii 6, 2023 Special exception (c.) allows a waiver to off-street parking when the Board finds the same is unnecessary for the proposed use of the building for which the request applies. Mr. Ralda has submitted a Specific Use Permit application for consideration by the Planning and Zoning Commission. The building where he hopes to open his carpentry shop currently does not have parking that meets City requirements. According to the Zoning Ordinance, the 6,,000 sq. ft. shop would require 6 parking spaces. Parking for the structure has historically been on the City's right-of-way, 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 AI A compliant parking if off- street parking to meet the Zoning Ordinance is required. Mr. Ralda states this would cause him hardship. Slides of the sup ject property and site plan were shown. Twenty -thee (23) notices were mailed to property owners within two hundred (200feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in Opposition. Brief discussion followed concerning Property Owner Notices inailed to applicants in Spanish, as well as English and previous use of the building. The applicant was present. Javier RaIda, 9201 Oak Arbor Drive, Conroe, Texas addressed the Board. He stated that he recently discovered that the previous owner did not obtain the necessary permits for the building. The building contains no fire alarm system and 1-ic is in the process of obtaining the proper permits. Mr. Ralda also stated that he has recently paid an outstanding property tax debt owed by the previous owner. Chairman Timaeus explained the purpose of the Board. It was also stated that concrete was previously poured within the City right-of-way in compliance with A parking requirements. Mr. Ralda ffirther stated that curb -stops will be Placed in the proposed parking spaces. Chairman Timaeus inquired as to the possibility of granting a Special Exception conditioned upon the continued use of the building as a carpentry shop. City Attorney Reed stated that such S"pecial. Condition may be granted. 0 Further discussion concerning requirement of a new waiver should future additional pal -king be requested. It was also discussed that the building will be used as a pre -fabrication shop with no sho"Troom. Brief discussion followed concerning modifying the motion in order to allow the Special Exception so long as the building is continuously used as a carpentry shop. Pj BOARD OF ADJUSTMENT April 6,2023 Chairman Tim errs moved to approve the request for a Special exception to waive off-street parking and loading requirements for a carpentry shop so long as the building is Continuously used as a carpentry shop, as requested in File PZ2023-97. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Member Rowe -Aye, Board Member Sorrell -Aye, Alternate Board Member Joiles-Aye. "I"he motion to approve the request carried 5:0. 2) File PZ2023-114: To consider a request for a Variance to the minimuni rear yard setback reqLfirement: for a house Applicant. Israel Mendiola Jr. Locat,10110. 5495 Grreenbriar Lane Mrs. Jose y presented the 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 thcrefore 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'. An appraiser for the home discovered there was an addition completed without the benefit of a Variance sometime prior to 2003. Staff does have record of a Variance being filed by the U.S. Department of Housing and Urban Development (HUD) in October 2003. They requested Variances for 6" into the 5' minimum side setback and 22'2" into the mininium rear setback to accommodate existing encroachments. The Board approved the Variance to the side setback, but denied the Variance for the rear setback. In March of 2022, Mr. Mendiola. requested the Variance to the rear setback a second time. Staff reports and Certifications for the October 2, 2003 and March 3. 2022 meetings are attached. Mr. Mendiola Jr. has been unable to sell the home causing him financial hardship, which was not previously allowable for consideration. Lenders will not grant a hors-ie loan for the house due to the existing rear yard encroacluiient, as it was never granted approval. In addition, a recent appraisal states, "Valuation is subject to attaining a Zoning Variance and confirmation that the subject is a legal non -conforming improvemcnt." As discussed previously, the Texas Local Govermi-ient. Code 211.009 states,, " . . . 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 cornpliance 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, Tax Code;" Jefferson Central Appraisal District lists the property"s assessed value as $205,293,00. 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 11imecessary hardship bccause of exceptional narrowness, shallowness, shape topography or other extraordinary or 3 BOARD OF ADJUSINENT April 6, 2023 exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Umiecessary hardship" shall mcan physical hardship relating to the property itself as distinguished from a hardship relating to conNiellience-, 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 i ust-i ce will be done. Slides of the subj ect property, survey, and site plan were shown. It was noted that cost of reconstructing the home to bring it into compliance could possibly exceed 50% of the appraised value of the structure. Twenty-seven (27) notices were mailed to property owners within two hundred (too) feet of the suject property. Zero (0) responses were received in favor and zero (0) were received in opposition. A representative of the applicant was present. Tim Williams, Realtor for the Mendiola's, 7630 Superior Drive, Nederland, Texas addressed the Board. He stated that the structure has been in its cur -rent state since at least 2003 and it has not caused a detriment to the neighborhood. Mr. Williams ffirther stated that the Mendiola family has moved to Corpus Christi and are now absentee owners of the property that would rather sell the property than rent it to someone that could possibly not take care of it as an owner occupant would. He also stated that without the Variance, no Appraiser will allow the property to be sold. Mr. Williams ftirther stated that there has been no bid for the cost of reconstructing the home to bring it into compliance and the addition is currently being used as a game room. He also stated that the requested Variance is for I -lie existing structure only, not for new construction. of an addition to the residence. Brief discussion followed conccrning the location of the structure on the property, distance to the rear fencing, and the location of utilitics on the property. The applicant was present. Israel Mendiola, Jr., 5495 Greenbriar Lane, Beaumont, Texas addressed the Board. Mr. Mendiola discussed the location of drainage and utilities on the property. He also stated that no complaints have been received from neighbors regarding the structure being located near the property line. He further stated that the addition was added to the home by the previous owner. It was also stated that at the time Mr. Mendiola purchased the home, he was unaware that a Variance was not acquired by the previous owner. A member of the audience requested the opportunity to speak and was sworn in at 3:33 p.m. Germaine Moore, 3639 Briar Creek Drive, Beaumont 1"exas addressed the Board. Mr. Moore stated that his home backs Mr. Mendiola's property. Chairman Timaeus explained the Variance request. Mr. Moore stated that lie is not opposed to the request. 4 BOARD OF ADJ USrI 1MENT April 6, 2023 Further discussion followed relating to the statute of limitation for Nvhicli the City can take actioll for a structure that has been illegally coj)structed. Brief disciission followed concerning modifPing the motion in order to restrict the property owner fr0III future new construction along the property line. Mrs. Josey explained that the previous property owner applied for a pcmilt for a detached rear yard structure,, however, upon final inspection by City Staff it was found to be an attached structure. Board Member Beaver moved to approve the request for a Variance to the minim -Lim rear yard setback requirement for a house to be reduced from 25' to 3.64' for the existing structure only, as requested in File PZ2023-114. Board Member we seconded the motion. A roll call vote was taken. Chairman'I"imaeus-No, Board Member Beaver -Aye, Board Member Rowe -Aye, Board Member Sorrell -Aye, Alternate Board Member Jones -Aye. The motion to approve the request carried 4: 1. 3) File PZ2023-123: Applicant: Location: To consider a request for a Variance to the n-iinimun-i front and read yard setback requirements for a house JWTC,, JW Turner Construction, Ltd. 2550 Brooklyn Street Mr-s. Josey presented the staff report. JW Turner Constrfor uction, Ltd. is requesting a Variance the property located at 2550 Brooklyn Street. The propeity is zoned Residential Single -Family (R- S) and therefore requires a front yard setback of 25 " and a rear yard setback of 25'. 'I"he applicant is requesting the front yard be reduced to 1.6' and the rear yard be reduced to 5'. This will be a new home provided through the Texas General Land Office Hon-teowners Assistance Program for disaster recovery. The available lot is 53.1' wide, but only 49.6" deep, and the proposed house will be 28' wide by 43' deep. Newly platted lots are required to be a minimum of 50' wide by 100' 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: 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 cxtraordinary 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 BOARD OF ADJUSTMENT April 6, 2023 C) That by granting the Variance, the spirit of the ordinance will be obser\led and substantial justice will be done. Slides of the subject property and site plan were shown. Twenty (20) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. Brief discussion followed concerning the lot being subdivided from an. original larger lot and that new construction will be compliant more so than the existing home located on the property. Further discussion followed concerning rules of Abstention. The applicant was present. Allen Matherne of JWTC JW "turner Construction, Ltd., 3390 N. Train Road, Vidor, Texas addressed the Board. He stated that the new home will have a similar footprint as the existing home. He ftirther stated that the existing home, driveway and carport will be demolished. A new home ivill be constructed, along with a new ramp and sidewalk.. Further discussion followed concerning wooden piers on the proposed hon-ie. Board Member Sorrell moved to approve the request for a Variance to the minin-.um front and rear and setback requiremci-it for a house, as requested in File PZ2023-123. Alternate Board Member Jones scconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Menaber Rowe -Aye, Board Men-lber Sorrell -Aye, Alternate Board Member Jones -Aye. The motion to approve the request carried 5:0. OTHER BUSINESS None. THERE BEINC'r NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:55 p.m. 6 DATE: MaY4,2023 TO: Board ofAdjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum side yard setback requirement for anaccessory structure. FILE: PZ2023-122 Holly Hamm is requesting a Variance for the property located at 229 West Circuit Drive. The property is zoned Residential Single'Family(R-S) and therefore requires minimum side yard setback of2.S/ for an accessory structure inthe rear yard. The applicant. isrequesting the side yard setback Lobereduced The Hamm's recently acquired the property ad would like to build an extension on the rear of the existing carport/storage accessory structure. This structure is located 1.8' from the side property line and appears bohave been permitted in2O1I. Mrs. Hamm states that the addition will be a one-story structure with no windows on the neighbor's side of the building, and that the extension is to accommodate a boat that will not fit if they have to build 2.5'from the property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: 4\ 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 |nquestion. "Unnecessaryhardshin~shall mean physical hardship relating iothe 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 toproperty owners _J3. Responses inFavor . Responses UnOpposition LEGAL DESCRIPTION Being Lot 43, Calder Terrace Addition,, Beaumont, Jefferson County., Texas., containing 0.241 acres., more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Holly Hamm PROPERTY OWNER: Holly Hamm LOCATION: 229 W. Circuit Drive EXISTING ZONING'. R-S (Residential Single -Family) PROPERTY SIZE: vO.241 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 PLANO. Stable Area STREETS: W. Circuit Drive — Local street with a 60' right-of-way and 26' pavement width. DRAINAGE: Curb and gutter WATER: 2;1 water line SANITARY SEWER SERVICE: 8'1 sanitary sewer line PROPERTY TY OWNER NOTICES SENT WITHIN 20011 ALBRITT N CARR LE M & JAM 1E L BARBAY C D BARBAY CLAY D JR & TERESA A BE [ AUD RAYMO D J SEPH SR BENTEN MONICA BREL MICHAEL J R COCO TYLER J & WORLEY CURRENT OWNER DEBES JIM III & HARN DISHMAN WILLIAM JR & USA F FREEMAN MARY HELE IBBS SUSAN HART FRANCES KELLY ESTATE HILL JUSTIN MICHAEL & SHAUNNA MARIE HRACE E OTTTESTA MENTARYTRUST JACKSON N M ELAN KLU'KAS THAS J MATH EWS STA N LEY N & LI N DA MALA BRIAN N & AMANDA L MILLER R BEI T G & CAROL L FLOE ER I URT E & DEB{ R H REAUD RATRUSTEE RICHARDS N CHRI T PHER L & KELLY A BEA UMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: side property variance Case #: PZ2023-122 Initiated On: 3/13/2023 4:30:37P1 Location: 229 CIRCUIT DR W, BEAUMONT, 77706 Individuals listed on the record: Applicant Holly Hamm Home Phone: 229WeSt circuit Work Phone: beauniont, tx 77706 Cell Phone: 4099517762 E-Mail: hollytiamm@niehaffyweber.com Agent saris bevilacqua Horne Phone: 3195 dowlen, Work Phone: beaumont, TX 77706 Ceil Phone: 4095537613 E-Mail- sam@bevilacquaconstruction.com Property Owner holly harem Home Phone: 229 west circuit Work Phone: beaurnont, tic 77706 Cell Phone: 4099517762 8-Hail: 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: Case Type- Planning and Zoning Case #: PZ2023-122 Variance lot 112 of Calder terrace addition The proposed extension is following existing architecture of existing garage.. 1 story structure no windows facing neighbors house .... rear yard will still be able to be maintained literal enforcement of ordinance will not benefit neighbors In anyway but will affect the total use and enjoyment of our property yes because by allowing variance it will allow us to store items in enclosed structure that would otherwise be outside such as vehicles, boats and lawn equipment which would be a nuisance for neighbors Page 1 of 1 Printed On: 3/17/2023 Blake Hanim // Shareholder AYWEBER I 100STOINI I BFAUNIONT SAN ANTONIO I AUSTIN )46 March 14, 2023 Beaumont Code Enforcement 801 Main St., # 210 Beaumont, TX 77701 Email BlakeHaii)iii@tiieliaffyweber.coiii www.mehaffywebencom Re-0 Request for Variance at 229 W. Circuit Dr., Beaumont, TX 77706 To whoi m t may concern: The purpose of this letter is to address Beaumont Code Enforcer-ient)s request that we provide a detailed explanation for oi-ir variance application, which will be Submitted through Sam Bevilacqua. My wife, Holly, and I recently acquired the home located at 229 W. Circuit Dr. The house is great but lacks a garage area. It does have a carport which is attached to a 10-foot deep storage building. Unfoitunately, the storage building is not large enough to fit our boat, and parking sge b space is limited. We are requesting the variance to build out the 10-foot torauilding into a 28 to 30 foot deep garage that would provide room to store our boat and additional needed storage space for lawn equipment, etc. Per Mr. Bevilacqua, the issue is that the existing structure is close enough to the propeity line that it would require a variance to be constructed today. There is sufficient space in our back and to extend the existing sti-acture without getting too close to the back fence, and build -mg the extension will not make the existing sti-Liettire any closer to our neighbor's house than it already is. Of course, we would ask Mr. Bevilacqua to build the cxtension to match the existing structure and not have it go any higher. We think that building the extcnsion will not only provide us with the storage space we need but also make it easier for us to park our vehicles 111 the limited space the home provides (i.e. not have to park in the street) - Further, without the variance, backing the boat in the garage will be very difficult, if not impossible, if the space does not go straight back for .ill use of the stnicture. Sinccrely, Blake Hamin BEAUMONT: 2615 Calder Avenue, Suite 800 1 Beaumont, TX 77702 1409.835.5011 LOT 129 LOT 130 LOT 131 FENCE FOOTING PUNCH HOLE FOR CORNER —(CALLED — 75.00)-- IN FFNCE FOOTINGCHAINUNK FENCE N 01 054'1 8'AIW 75.13' E E E E— P.P. OVERHEAD ELECTRIC t C4 8' UTILITY EASEMENT 4' EACH SIDE VOL. 249, PC. 538, D.R.J.C. OVERHEAD ELECTRIC % Li e lylyelD Lij 0 tc 2_1 fn PROPOSEO z C? BUILDING fti LOT 113 LOT 112 AD D 01 LOT 111 AIC (2) 2 j.�2! El 1_4 ONE STORY 26.1 '1 =00 BUJL01t C) IC; w 0 A 20,2' Z 61RCaK 0 PA COVERED' PAVERS 6.4p -16 10.6 0 10 20 ff C3 6 4.0 Nt U 24.0 1gTOC0CEE 0 DRIVEWAY LIJ■ONE STORY BRICK 1 I J, AND VrOW FRAME E r CL Ln 0 ■ 20.6 15V ■ 40M c' 0 9.2' 25.0 5'0 C� BRICK 25' 8ZLI)ING LINE O WALL C11 FOUND 1/2" IRON ROD ■ FOUND 1/2- CL N D FOUND 1� IRW4 ROD IRON ROD IRON ROD > S 0 1 "69'16" E 74.92 P X 1 `bUJX L lb. 1 P x VIELDED WRE FENCE 0 2 N 01 `52'0 6 W 74.8 5 (CALLED 75.00) (CALLED — 75.00) (CALLED 75.00) Q Q ASWMED BASIS OF HEARINGS Q 229 W. CIRCUIT DRIVE b Surveyor Notes: P 1, Th;s survey wcjs completed and this plot was prepared without the benefit of a Utle Commitment. 2. This property hos direct access to and from o publicly dedicated rocidway. 3, All be.ar7ngs ind;coted hereon are based on the State Plane Coordinote values — South Central Zone 4204. 4. According to FEMAs Flood Insurance Map Panel Number 485457 0035 C dated 0810612002, the subject crea oppears to be located In Flood Zone :3 0 lu Q V) Q:\PROJECT5\23003 Miscellaneous Surveys\23003.0034 229 NY. Cfrcoit Drive\Drowingg\23003.0034—SV-.SITF- PLM.dwg Mar 29, 2023 05.37pm C14 Flttz1Shtpman 11PROJECT SHE NO. INS. NAME: Holly Hanim S 1 Comrat &w rwwU;em andLand SWM"n 229 West Circuit Drive Li -3 1405 CORNERSTONE COURT, BEAWONT, 7EXAS Beauriont, Texas PROJECT NO. PH (409) 832-7238 FAX (409) 832-7303 T3.P.E. F1 Rhl 41160 a 7XIL.S. FIRM # 100186 COPYRIGHT 2023 FITTZ & SHIPMAN, ING. DATE Mar29,2023 23003,0034 File PZ2023-122: To consider a request for a Variance to the minimum side yard setback requirements for an accessory structure. Applicant: Holly Hamm Locate on: 229 W, Circuit Drive 0 100 200 300 1 1 1 1 Feet K I It "d �Legen Krim L AWERL I 122 *62�1 1A S :PA" Py ti r _7 -�. Mit i i�C R' A. Al M -S �'4 R L I N, 16- Mpl� L w U1 J r R� f .. R,- S R' S 0 do L ir 7j . ............................. . . d JF I F J -7 hill } it iFT, IF 0 S: R U) d 7 rr INW. _- G 404- 4P -7— .4 C RISIL JL j 47� _7 jLL 4 V io w A�67' PA 4 It S E 71 oR A DATE: yNay4/2-023 TO: Board of AdjUstment FROM: Adina Josey,, Senior Planner SUBJECT: Toconsider arequest for aVariance tothe minjmumside setback requirements for ahouse. FILE: PZ2023-133 JW Turner Construction, Ltd., is requesting a Variance for the property located at 3185 W. CrockettStreet. The property is zoned RCR (Residential Conservation Revitalization) and requires a minimum side yard setback of7.S~ for a two-story structure. The applicant is requesting that both side yard setbacks be reduced to 5 feet. This will beanew home provided through the Texas General Land Office Homeowners Assistance Program for disaster recovery. The available lot is approximately 2_5' wide and the new house will be 15' wide. Newly platted lots are required to be o minimum ofBY wide. The applicant states that the extreme narrowness of this lot creates a hardship. The existing house, which will be demolished to make room for the new structure., is |oceted less than 5feet fmm each s|de propertyno. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met- N That the granting of the Variance will not becontrary tothe public interest; B) That literal enforcementoftheordinancevvU|resultlnunnecessaryhardshlpbecauseof exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional 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 orowner's actions; and C\ That by granting the Variance, the spirit of the ordinance will he observed and substantial justice will bedone. Exhibits are attached. -PUBLI-C NOTIFICATION Notices mailed to property owners 34 - Responses in Favor . Responses in Opposition -LEGAL DESCRIPTION Being Lot 27,Block 5,Nest End Addition, Beaumont,Jefferson County, Texas, containing 0.057 acres, more or GENERAL INFORMATION/PUBLIC UTLIT(ES ]VVTC]VVTurner ConatrucLion, Ltd. OWNER:PROPERTY /UiyaLandor 3185VV.Crockett Street ZONING:EXISTING RCR (Residential Conservation Revitalization) PROPERTY SIZE* ~O.OS7acres more orless USES:EXISTING LAND Residential FLOOD HAZARD ZONE: X—Areadetenn|nedtobeouLsidetheSQQ' yearfloodpialn SURROUNDING LAND .SURROUNDING ZONING: NORTHO Residential RCR (Residential Conservation Revitalization) EAST: Residential RCR SOUTH: Residential RCR ' WEST: Residential RCR COMPREHENSIVE PLAN: Conservation and Revitalization STREETS. W. Crockett Street — Local street with a5O'right'of-vvay and 18'pavement width. DRAINAGE- open ditch WATER: O"water line SANITARY SEWER SERVICE: O"sanitary sewer line PROPERTY OWNER NOTICES SENTWITHIN 2009 ADM MANAGEMENT LLC ALEXANDER CLYDE JR BAPTIST HOSPITAL OF SE TEXAS BEAUMONT IRON & METAL CORP COLBERT HORACE ETAL C LBERTJORIS ESTATE HAWKWOOD 22723 TRUST HAYN ES TA►MARA SMITH HERBERT COLLIE JAC:iSON ECITH JOHNSON MARTIN D JOH NSON TRU COY ETAL LAN D O R ALIYA M I CH ELLE Il i CCART E R J A M ES MCFADIN TYRELL LYNN MC ORE VEA ALEXANDER PAYTON SHIRLEY A PAYTON THOMAS RAVEN IENDRALYN REN FRC SI LVERI N E ROLLING NICHOLAS SPINDLETOP MHMR SERVICES TYLER LINDA M & YOLANDA UDI PROPERTY VASQUEZ FREDIS VEAL LARN ELL VEAL LARN ELL VI N F1 ELC J ER RY WYATT J E SI F MAE BEA UMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Variance Application - side setbacks Case ft: PZ2023-133 Initiated On: 3/21/2023 12:11:16PM Location: 3185 W CROCKETT ST, BEAUMONT, TX Individuals listed on the record: Applicant JWTC JW Turner Construction, Ltd. 14215 Mary Jane Lane Tomball, TX 77377 Agent JWTC JW Turner Construction, Ltd. 14215 Maiy Jane Lane Tomball, TX 77377 Propeiiy Owner Home Phone- 409-853-4002 Work Phone: Cell Phone: 409-853-4002 E-Mail: beaumont.admin@jwtr,.net Home Phone- 409-853-4002 Work Phone: Cell Phone: E-Mail: beaurnont.adniin@jwtc.net Aliya Landor Horne Phone: (337) 677-8311 3185 W. Crockett St Work Phone: Beaumont, TX 77701 Cell Phone: E-Mail: Type of Variance: Variance Legal Description WEST END L27 B5 That the granting of the variance will The proposed placement of the horne should not impact the look of not be contrary to the public interest the neighborhood negatively as this existing home is currently located less than 6from each side setback. That literal enforcement of the This reconstruction project includes plans to elevate the home 3' ordinance will result in unnecessary above grade to help mitigate flooding in future storms. Reconstruction hardship of this storm -damaged home will most definitely result in a positive impact on the horneowner's wellbeing, and improve their ability to weather future storms. That by granting the variance, the The proposed site plan includes variances on both side setbacks and spirit of the ordinance will be observed the 2.5' left side easement, while still respecting both front and rear and substantial justice will be done build lines. Notes: Case Type: Planning and Zoning Page 1 of I Case#: PZ2023-133 Printed On: 3/2312023 March 21, 2023 City of Beaumont Beaumont Board of Adjustment Re: Setback Variance — 3185 W. Crockett St, Beaumont (Homeowner — Aliya Landor) To Beaumont Board of Adjustment, 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 25wide by 1003 deep. The proposed house plan is 15.0'wide by 64.1, long and has a second story. The new home can be situated on the lot to meet the front and rear setback requirements, however, both side setbacks would be 5'from the property line. Additionally, this reconstruction project includes plans to elevate the home 3' above grade to help mitigate flooding in future storms. We have proposed the installation of a wheelchair lift to be located at the rear of the home as to avoid any negative impact on the appearance of the home's front facade. In order to insure accessibility, we will need to install a concrete path to the wheelchair lift which would run alongside and be located 1'from the left side property line, which abuts.2 vacant lots. This proposed placement of the home should not impact the look of the neighborhood negatively as this existing home is currently located less than 5' from each side setback. This newly reconstructed home will most definitely result in a positive impact on the homeowner's wellbeing, and increase their ability to weather future storms. In summary, our proposed site plan includes variances on the side setbacks defined for homes with 2 or more stories and the 2' minimum requirement for sidewalks, while stili respecting both front and rear build lines. We are requesting a variance on the 7.5'city defined side setbacks and the 2' minimum requirement for a sidewalk on the left side to reconstruct this storm damaged home for Ms. Landor and the Texas General Land Office. Sincerely, -r_p� Katrina Randazzo katrinaaWtc.net 3113 Highway 69; Nederland, TX 77627 Corporate: 14215 Mary Jane Lane; Tomball, TX 77377 Phone: 1-800-483-9333 Fax: 281-290-9511 www.jwtc.net m co > m m 0 F-A cc,), --� X I 0 C) REMSIGNS 4. Date z p XX/XX/XX xxxx xx PL 'I F-C r9 7t� a: m m DATE: 1/19/2020 3185 W CROCKETT ST, BEAUMONT. TX 77701 UNITED D RON IJY: JRsA jWTCti Tw STATES I CHECKED BY: KARL—G. JV9-(;ONSTRUCTION-NEDERLAND/BEAUhiONT Approved - Dote I 3113-US-69-NEOERLAND-TEXAS I Tive File PZ2023-133: To consider a request for a Variance to the minimum side yard setback requirements for a house. Applicant: JWTC,, JW Turner Construction, Ltd. Location: 3185 W. Crockett Street