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Home My WebLink AboutPZ2023-122DATE: May 4,,2023 TO: Board of Adjustment FROM: Adina Josey, Senior Planner 3UBUE[T: To consider a request for a Variance to the minimum side yard setback requirement for an accessory structure. FILE: PZ2023-122 Holly Hamm is requesting aVariance for the property located atZ29West Circuit Drive. The property is zoned Residential Single -Family (R-S) and therefore requires a minimum side yard setback of2.S' for an accessory structure inthe rear yard. The applicant Tsrequesting the side yard setback tobereduced 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 |slocated 1.9'from the side property line and appears tohave been permitted (n2011. Mrs. Hamm states that the addition will be a one-story structure with no windows on the neighbor's side ofthe bui|ding,and that the extension istoaccommodate aboat that will not fit ifthey have to build IS'from the property line. 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 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. "Unneceasaryhardsh|n"shall mean physical hardship relating 1othe property itself as distinguished from a hardship relating to convenience, financial considerationsorcapdce,andthehardahipmustno1resu|tfromtheappUcantorovvne/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 10property owners _2-3. Responses inFavor ______. Responses YnOpposition______ LEGAL DESCRIPTION Being Lot 43Calder Terrace Addition, Beaumont, Jefferson County Texas,, containing 0.241 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Holly Hamm OWNER:PROPERTY Holly Hamm llX]\T8]1N: 2ZDVV.Circuit Drive ZONING:EXISTING R'S (Residential Single -Family) SIZE:PROPERTY ~O.241acres more orless USES,EXISTING LAND Residential FLOOD HAZARD ZONE: X—Area determined tobeoutside the SOO' yearf|oodp\a1n USES:SURROUNDING LAND SURROUNDING ZONING: NORTH: Residential R-S(Residential Simde'Famik) EAST Residential R'S SOUTH: Residential R-5 VVE3T. Residential R-S PLAN:COMPREHENSIVE Stable Area STREETS: W. Circuit Drive — Local street with aGO`right-of-way and Z6`pavement width. Curb and gutter WATER: 2"water line PROPERTY OWN ER NOTI CES SETT WITHII 001 LBRITT N CARROLL M &JAMIE L BARBAY C D BABAY CLAY D JR & TERESA A BENAUL RAYMND JSEPH SR BENTZEN MONICA BREL MICHAEL JR COCO TYLER J & 1,f RLEY CURRENT OWNER DEBES JIM III &SHARON DISHMAN WILLIAM JR & LISA F FREEMAN MARY HELEN IBBS SUSAN HART FRANCES KELLY ESTATE HILL JUSTIN MICH EL & SHAUNNA MARIE HRAC E E OTTTESTAMENTARYTRUST J C SON ME BAN I LU KAS TH MAS J M ATH EWS STAN L'EY N & LI N DA G MAllLA BRIAN N & AMANDA L MILLER ROBERT G & CAROL L PL E ER KURT E & DEBC RAH B EAU R A TRUSTEE RICHARDS N CH I T PHER L & KELL A BEAVMC3NT Pic-IrWhIg & C011111111Unity Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2023-122 Location: 229 CIRCUIT DR W, BEAUMONT, 77706 Individuals listed on the record: Applicant Holly Hamm 229 west Circuit beauniont, tx 77706 Agent sam bevilacqua 3195 dowlen beaumont, TX 77706 Property Owner holly hamm 229 west circuit beauniont, tx 77706 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 No tes: Variance Case Status: PAY FEES Tag Name: side property variance Initiated On: 3/13/2023 4:30,37PM Home Phone: Work Phone: Cell Phone: 4099517762 E-Mail: hollyhamm@mehaffyweber.com Home Phone: Work Phone: Cell Phone: 4095537613 E-Mail: sam@bevilacquaconstruction.com Home Phone: Work Phone: Cell Phone: 4099517762 E-Mail, 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 any way 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 Case Type: Planning and Zoning Page I of I Case #' PZ2023-122 Printed On, 3/17/2023 Blake Hamm/lShar}holder AY R HOUSTON I HFAUNION] I SANANTON110 I AUSTM 4 SINCI., 1946 Match 14,2023 Beaumont Code Enforcement 801 Main St., # 210 Beaumont., TX 77701 Email Blakel-laiiiiii@iiiel),,iffywebei-.coiii www.mehaffyweber.com Re: Request foi- Varj a ance at 229 W. Circuit Di-., Beauniont, TX 77706 To whom it may concern-. The purpose of this letter is to address Beaumont Code Enforcenlent's request that we provide a detailed explaiiation for our 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 11ollse is great but lacks a garage area. It does have a carport which is attached to a 10-foot deep storage building. Unfortunately, the storage building is not large enough to fit our boat, and parking space is limited. We are requesting the variat ice to build out the 10-foot storage building 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 property line that it would require a variance to be constructed today. There is sufficient space in our back yard to extend the existingsh-ucture without getting too close to the back fence, and building the extension will not make the existing structure any closer to our neighbor's house than it already is. Of course, we would ask Mr. Bevilacqua to build the extension to match the existing structure and not have it go any higher. We think that building the extension will not only provide us with the storage space we need but also make it easier for us to park our vehicles in 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 full use of the structure. Sincerely, Blake Hamm BEAUMONT; 269 5 Calder Aveffile SIiIC� 800 1 Be�lUll1011t,I TX 77702 1 409.83 LOT 129 LOT 130 LOT 131 FENCE FOOTING PUNCH HOLE FOR CORNER —(CALLED — IN FENCE F00_nNG— CHAINUNK FENCE N 0 1 054'18 W 76,13' E 0 — L —E" E _P'P. OVERHEAD ELECTRIC -C%t 1 8' UTILITY EASEMENT 4' EACH SIDE O VOL. 249, PG_ 538, D.R.J.C. LJ OVERHEAT '9b Ld LL. z PROPOSED Li V Z U_ C� BUIWING b 0M 'd LOT 113 LOT 11 ADD ON LOT 111 A/C (2) 20,2� OINIE STORY 26A WOOD BUILD[No LLF 2 0,2' 0 CKI 0 PA COVERED BRICK PAVERS 6.4' 0 10 20 In S C) C A L E Cp (:s Q 9' C) 4O 6 K3 24.0 N Ud < CONCRETE, DRIVEWAY C� A d P 41 1 Li P r t P 1) ONE STORY BRICK z AND WOOD FRAME 4 d E CirY L _J 5.4 15 q 9.21 25.0 03 h BRICK---� 25' BUILDING LINE WALL T? FOUNO IRON ROD — FOU ND 5/8- FOUND 11' FOUND 1/2ft IRON ROD Ld IRON ROD IRO�N ROD S 01 *59,16" E 74� 92r 02_7 -FELDED WRE FENCE 0 15UU7�57IX N 0 1 052'06" W 74.8 5' (CALLED 75.00) (CALLED — 75.00) (CALLED — 75.00) C3 C� ASSUMED BASIS OF HEARINGS rri 229 W. CIRCUIT DRIVE Surveyor Notes: 1. This survey was completed and this plot was prepored without the benefit of o Title Comm;tment, 2. This property has direct access to and from o publicly dedicated roodwoy. ;L0 D 3. All bearings ;ndicated hereon are based on the State Plane Coordinate values — South Central C) Zone 4204. 33E 4. According to FEMA's Flood Insurance MGp Panel Number 485457 0035 C dated 0810512002, the subject area appears to be located in Flood Zone 'I C� \PROJECT S\2,3003 — P-11scelIcneous Surveys\23003.0034 — 229 W_ Circuit I)r!vE!\C)r-owfngs\23003.0034—S1f—SITE PLAN.dwg Mar 29. 2023 05,37pm Fi&Sr man BHT. C. INC. PROJECT NAME: Holly Hamm S 1 0 Consulting Ehginem and Land Sunv-ors Ld 229 West Circu"it Wive 1@ 1405 CORNERSTONE COURT, BEAUMONT, TEXAS Beaurnont, Texas PROJECT NO. ck� PH (409) 832-7238 FM (409) 832-7303 6 T.B.P.E. FIRM 41160 e TXLS. FIRM #100186 COPYRIGHr 2o23 FITTZ SHIP MAN, INC. DATE: Mar 29, 2023 1 23003,0034 File PZ2023-1221m, 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 0 100 200 300 1 1 1 1 1 Feet V 16gend 22 0'' Zj RS LU '01T DR' I1.3 Ilk .4 4 Rj- S - W-f 1AL 'A'o-tA Rj- S�� I Z R-S RI, S UJ 'R-S- Q L k I I KI MO& LA- > 7 T jr , Lim. 1461 WkS! -L P i r r, 4 LQ z 11 / I - C f. AMP T' MKIN "ALI 75 D R, S R Lj R. S IR 1, 0 Jew, 41 H, E r S R-