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Home My WebLink AboutPZ2023-344DATE: September 7, 2023 TO: Board of Adjustment FROM: ElavnoLuckey Planner SUBJECT: To consider a request for a Variance to the minirnum front yard setback requirements. FILE: PZ2023'344 Donald Wise ofWise Investment Real Estate, LLC,, is requesting a variance for the property located at 3855 ]erry Drive. The pro pe rty is zo n ed R-S(Res identia|Si ngle-FamihDwelUng) requiri ngaminimumf ro nt ya rd building setback of twenty-five (25) feet. The applicant is requesting the front setback be reduced to twenty (lO)feet. Due tothe unique dimensions ofthe lot, the proposed structure issituated atanangle leaving one side of the proposed home 20' from the front property line, and the other side 37'9". The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval havebeenmet- B) That literal enforcement ofthe ordinance will result in Unnecessary hardship because of exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional physical situation or hardship physical condition unique to the specific piece of property in question. "'Unnecessary handicap" shall mean physical hardship relating to the property itself. ThefoUowinQmaya|sobecuns{deredvvhende1ermining"unnecessaryhandicap": 0The cost ofmmp|ia nce with the zon ing ordina nce is greaterthanf ifty (50) pe rce nt ofthe appraised value ofthe structure as shown on the most recent certified appraisal roll; UUCompliance would result inaloss tothe lot onwhich the structure islocated ofetleast twenty'five(Z5) percent ofthe area on which development may physically occun UNCompliance would result inthe structure not incompliance with arequirement ofanother city ordinance, building code, or other requirement; (k) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v)The city considers the structure to be a nonconforming structLie. ,As distinguished from ahardship relating toconvenience orcaprice, and the hardship must not result from the applicant"s or property owner's own actions; [) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice GENERAL INFORMATION/PUBLIC UTILITIES FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Commercial S]UTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: DRAINAGE: WATER: SERVICE:SANITARY SEWER Donald Wise Wise Investment Real Estate LL[ 38SSJerry Drive RS(Residential Single Family) ~0.194acreu Vacant X—Area determined tobeoutside the 5OO- yeerflood plain RS(Residential Single Family) RS IRS RS Conservation and Revitalization Jerry 1Drive — Local Street with a 60' right-of-way and 26' pavement width, Woodlawn Avenue — Local Street with aO2'Mght-of-vvay and 2Z'pavement width. Curb and gutter along Jerry Drive, enc|osed/opendi1zh along VVood|awvnAvenue. 2"water line onJerry Drive. 6"sanitary sewer line onVVood|avvnAvenue PROPERTY OWNER NOTICES SENT WITHIN 2 DI COLEMAN HAlVNAH LEE STADIOiV HOMES LLC FRAZIER GARY & RONALD VONTOURE CI.AUDETTE COLEMAN LEE & GENEVA JOKES JEWELENE DOMINGUEZ LEOBARDO PEftEZ COLEMAN GENEVA CRAWFORQ ADAM & LESHA CERVANTES SERGIO AREVALO & SINGING PROPERTIES GP MCKIN LEY KAREN & RIDLEYJR WISE INVESTMENTS/REAI. ESTATE LLC STEVENS RENARD JOSHUA THfERRY TERESITA DURAN RAFAEL A & MYRIAM J AYALA FERNANdO & MARIA LOPEZ JOFIN E JR & STELLA J MARTINEZ RACIEL & NANCY JAQUELINE SANDOVAL PEREZ DELFINO MARTINEZ MORENTE DANILO ELIAS GARCIA REYNO50 ISMAEL JR REYNOSO ISMAEL JR B EAV MC3 N T Planning & Community Development Case Type: Planning and Zoning Case SUb Type: Variance Case #: PZ2023-344 Location: 3855 JERRY DR, BEAUMONT, 77703 Individuals listed on the record: Applicant Donald Wise 2261 North Street Beaumont, TX 77701 Agent Donald Wise 1060 Brockman Street Beaumont, TX 77705 Property Owner Wise Investment Real Estate LLC 2261 North st Beaumont, TX 77701 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 No,tes: Case Status: REVIEW Tag Name: Variance request for House setback from street on one corner Initiated On: 8/12/2023 3.50:37PM Home Phone- 4094665737 Work Phone: Cell Phone- 4094665737 E-Mail- donaldwise@sbeglobal.net Home Phone- 4098133919 Work Phone: Cell Phone: 4094665737 E-Mail: donaldwise@sbcglobal.net Home Phone- 4098133919 Work Phone: Cell Phone- 4094665737 E-Mail: donaldwise@sbcglobal.net WOODLAWN L 14 BLS 1 The granting of this variance will not be contrary to the public interest and will have very distinguised curb presence. By enforcing compliance will create an unnecessary hardship and financial expense to us thus causing us increase cost, time and inconvenience with the possibility of the selection of another plan. By receiving the variance we will maintain the integrity of the basis for ordinances and the implications they are there to represent. It is not our desire to circumvent any compliance whatsovever but to adhere to the nature of its being, however we think that approval in this case will not circumvent it's procedural basis. Case Type- Planning and Zoning Page I of 1 Case #: PZ2023-344 Printed On: 8/22/2023 Wise Investments Real Estate LLC 2261 North St, Beauniont., 'I"exas 77702 409-813-3919 409-813-3977 (fax) August 12,, 2023 CTT'Y 01" BEAUMONT PLANNING A I I RE,': VARIANCI-`0 REQUEST FOR 3855 JERRY DR We would like to take this opportunity to express our desire to havc a varianec approval for our property located at 3855 Jerry Dr. Bcauniont "J"X 77703. Our request is based upoi) the sizeable, diniensions and slicipe of our lot wbich avails its to make this request because without tile approvid places a Iiardship on us due to the ilivestment that Iras be made thus far. In addition allowance Offilis Fe nest will not create a luardship, will have a beautiful curb appeal and not block any views of street traffic, Also, when Completcd, the hoine will have a presence in the d eve I opmen t of honk s that w i I I be most app c a I i n g for th at arc a. I hc p rop orty i s angl c d a s you can tell by the plot plan provided thereby caiising the setback froinstrect to corner of the house on onc side to lac 37'9" and on the office side to be 20) froin the street to the coyllel. oft e house. Our rcquest is to be allowed to have a 20' sctback froin the street to the corner of the lioLlse on the side that is dcplctcd as bchig 205 fi-oni the stl*cct -occed W-th C01IStRIC0011. "I'11C JJOUSC thus allowing us to pi cai)not go rurthcr back without infringing upon the side setbacks, SO OLIVonly rcmedy is to h c 'We tile setback from the strcct. We lac invested time and nioney into this plan, obtaining enginecritig, surveys, and the plans itself, We t1linic the construction and eventval sell of this Property Once collIpIcted will provide a fortunate honk buycr with their di -Cain holl1c. Tt is our goal to devclop and build quality affordable homes here in Beaumont and surrounding communitics. We ask for Your approval 017the provision of a variance that gill allow us to heave a 20' setback on the onc corner that is listed on the plans as being 20" -rroni the street. Il'you raced additional information, please call me at 409-813-3919 OR 409-466-5737. Sincerely, D 0yuXt& I-R. W Donald 1, Wise � � v � | x/ « « - x � .Zr xo / - /PROPOSEDn / 0 /15E U » / U » » pmop SILT FENCE LOCATION SCALE:1"=10' File PZ2023-344: To consider a request for a Variance to the minimum front yard setback requirement. Applicant: Donald Wise Location: 3855 Jerry Drive 0 100 200 1 1 1 1 Feet egend' r IT 2j-3 P 4 Z 23 jr R, 'lie 40 d r, R-S R% 47 T4 6r, Orr.. P :-.p t k Ym, 0'' 0