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Home My WebLink AboutPZ2023-255DATE: July 6, 2023 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum front yard setback requirements for a house. FILE: PZ2023-255 Jennifer Smith of Tegrity Homes, L.L.C., is requesting a Variance for the property located at 2375 Irving Avenue. Last month Variances for both sides and rear of this property were approved. The property is zoned RM-H (Residential Multiple -Family Dwelling-- Highest Density) and requires a minimum front yard setback of 25'. The applicant is requesting that front yard setback be reduced to 20' for a new house to allow 'wiggle - room' to adjust the location of the structure as needed. This will be a new home provided through the Texas General Land Office Homeowners Assistance Program for disaster recovery. The available lot is approximately 50' wide and 62' deep, but the proposed house will face the side street as does the existing house which it will replace. The applicant states that the lot is extremely small, creating 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 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. UBLIC NOTIFICATION Notices mailed to property owners 36 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being the north %2 of Lot 1, Block 31, Arlington Addition, Beaumont, Jefferson County, Texas, containing 0.071 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST SOUTH WEST Residential Residential Residential COMPREHENSIVE PLAN: DRAINAGE: WATER: SANITARY SEWER SERVICE: Jennifer Smith ofTegrity Homes, L.L.C. Virginia Parra 2375 Irving Avenue RM-H (Residential Multiple -Family Dwelling — Highest Density) —0.071 acres Residential X — Area determined to be outside the 500- year flood plain SURROUNDING ZONING: RM-H (Residential Multiple -Family Dwelling— Highest Density) RM-H RM-H RM-H Conservation and Revitalization Irving Avenue — Major collector with a 50' right-of-way and 28' pavement width. Stanton Street — Local street with a 36' right-of-way and 16' pavement width. Curb and gutter along Irving Avenue, enclosed ditch along Stanton Street. 6" water line in Stanton St. and 8" line in Irving Ave. 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BAPTISTE EDNA MARIE ESTATE BOYKIN PEARL ESTATE BROUSSARD BREKAJOEMIA CHAISON RONALD P CORBIN ALICIA DELAHOUSSAYE GERTIE ESTATE DEVILLIER MICHAEL S & JAMES M DIOCESE OF BEAUMONT DOWNWOOD FOREST HOLDINGS LLC DUFFIE TRUDY DUNBAR SHAKEDRA & EXXONMOBIL CORP FERGUSON CRAIG J FIELDS JOHN E GALUER ESTELLE A GIBBS VIOLA JEAN ESTATE NESTER LETTIE JAIMES FRED[ KNOWLES BOB E LIONS -HEART BUSINESS SOLUTIONS INC MANSON HAZEL MATTHEWS ABBIE ET AL DECEASED NEWMAN NOLIA PARRA MARIA PARRA VIRGINIA PLACIDE BESSIE MAE & PORTIER CHERYL PORTIER ELVINA & MELVIN PORTIER MELVIN JOSEPH POWELL ELIZABETH (LIFE ESTATE) PURDY ARMISTICE ETUX SHIRLEY A SAVOY HOMES LLC STEWART JOANN THOMAS BILLIE M ETAL WOOLRIDGE NATHAN BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2023-255 Location: 2375 IRVING AVE, BEAUMONT, 77701 Individuals listed on the record: Applicant Jennifer Smith 8607 CR 48 Rosharon, TX 77583 Agent Virginia Parra 2375 Irving Avenue Missing Address, City, State, or Zip Code in People Property Owner Jennifer Smith 8607 CR 48 Rosharon, TX 77583 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: REVIEW Tag Name: Front Setback Decrease Request 2375 Irving Initiated On: 6/12/2023 8:48:31AM Home Phone: 4097507047 Work Phone: Cell Phone: 409-750-7047 E-Mail: jennifer.smith@tegrityhomes.com Home Phone: 409-466-2158 Work Phone: Cell Phone: E-Mail: Home Phone: 4097507047 Work Phone: Cell Phone: 409-750-7047 E-Mail: jennifer.smith@tegrityhomes.com ARLINGTON N 112 OF L 1 B 31 * Special Exception This variance will benefit the health and safety of the homeowner/public with replacing the Harvey damaged home. This is not self-imposed or the result of the actions of the applicant. This variance will benefit the health and safety of the homeowner/public with replacing the Harvey damaged home. If this variance is not granted, Tegrity Homes would not be able to build the new home with the allotted setbacks. Once the variance is granted, the homeowners would be able to have their Harvey damaged home demolished to make room for their new home. Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2023-255 Printed On: 6/12/2023 k- Tegri Homes Tegrity Homes 8607 CR 48 Rosharon, Texas 77583 RE; Variance request for 2375 Irving St., Beaumont, Tx 77701 www.tegrityhomes.cam Board of Adjustments I am writing this letter in order to apply for a variance for the above -mentioned address. The current lot is approximately 3100 sqft per CAD. This homeowner has been approved to receive a new two-story home from the GLO with approximately 1271 living sq ft. with attached porch and an ADA approved ramp/lift. For us to build the new home, we are requesting a minimum setback variance. PZ2023-182 variance request was approved granting reduced rear and side yard setbacks. We are not requesting that the front yard setback also be reduced to 20' from 25'. Although our site plan shows that we can fit the new house with the given setbacks, there is no wiggle room for any changes. With having to adhere to ADA and GLO compliance, we would feel significantly more comfortable with the front setback being 20' in order to have enough room to guarantee that we meet proper slope requirements as well as requirements pertaining to landings/lift. If we were to be granted this variance, then we would have a greater chance of fitting a new home on the lot with the allocated living sq ft the GLO has set forth for this homeowner. I thank you for your time in advance, Jennifer Smith Program Support Analyst Tegrity Homes 409-750-7047 office 713-391-8370 fax Jennifer.smith@tegrityhomes.com Contact Information for 2375 Irving St. Beaumont, Tx 77701 Te rit Homes Tegrity Homes, LLC Jennifer Smith 409-750-7047 Jennifer.smith@tegritvhomes.com Homeowner Virginia Parra 409-466-2158 9, HIMAIM � g nil 01. ju MH SFr G G ! d4•+aeou Big q E.x 61�'-QS2:t@tfictsbTbQO•-�:fl� S y gs $$ a�4o� oo„ t xws 4 g o w 'Nil � a " i l �� •• � H/ GAm tq g $ t zi S15 y F 9 8 •p v a A M, ro 0 o w o 4�! ES S •If � z O� aU ¢ �Q ?¢ Ud3LLI K w ❑ a. to ❑� 0— w z K U y 0 C-I Um 4 Q �'-O a U O UU h U z U yh Ua Pero WC) V Ul w n w w Ucy M �� W { ! 122 w wRw( � � 1� U il U.(L fw H AO O? x n_ 0r N nA. { r, 0, U OEO x IfCi+ �^ UN w ffa a. tt N cY x 0. 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