HomeMy WebLinkAboutApr2024 BOA PacketD A*
BOARD OF ADJUSTMENT
ApriII 4,,202,4
City Council Chambers, City Hal
801 Main Street, Reaurnont, Texas
Public Hear"
3:00 p.M.
The meeting will also be broardcasted'on th�e City's YouTuble channel:
h ZulMi 16WERg
FIfTe-TINVATH
A pproval of the minutes ofthe meeting held January 4
12024.
'01 .,1 Wi I ONM.-W,
I all 4011114 on WA ON I ki
1) File PZ2024-75,.1- To consider a request for a Variance to the miniMUM side, yard. setback.
requirement for an accessory structure.
Applicant: Kira a Lovett
Locat'i o n : 54,,10 Mcanelly Drive
File PZ2024-76: To consider a request for a Variance t« he minimum side yard setback
requiremerg t''In the Neighborhood Design Overlay District.
Applicant: Daniel n with Fittz and Shipman, Inc
Location:, 890 211t Street
FAI -01 MIJ -
Persons with disabilities who plan to join this meeting and who may need auxiliary aid,s or
-880-3777. servieces are requested to contact Kaltrina Minick, at 409
*MINUTES'*
BOARD OFADJUSTMENT
Januat-y 4, 2024
Council Chaiubers, City Hall, 801 Main Sty-cet, Beaumont, Texas
A meeti'llig of the Board of Adjustment was held on January 4, 2024 and called to order at 3:010
P.M,. with tlie:,.followiii,g.me.nibei*s present:
Acting, Chairman Jeff Beaver
Board Member Tom Rowe
Board Member Rogers Sorrell Jr.
a
Alternate Board, Member Chr'll's Jones
Atterniatic Board Member Steve L,ucas
-1 *
Board Members absent: Chairman Dana ""I imaeus
Board Member Joey Hilliard
Also present: Elayna Luckey, Planner I
Susan Smith, Recording Secretary
APPROVAL, OF MINUTES
Board, Member Jones moved to approve the minutes ofthe November 2, 202,3 meetilig., Board
Member Sorrel.l. seconded the motion. The mot.i.on'to approve theminutes earriec D,:O,
WEDFAIRIN
Al,l witnesses were sworn 'In. at 3:03 p.m.
PUBLICBEARING
1) File PZ20,23-4610:
Applicant:
Location.*
To consider a request �for a
setback requirement
Cornell, Price
2,1490 Libe�rty,Avenue
Variance to the tnintmuiu rear yard
Mrs. Luckey presented the Staffreport. Clorne.14 Price, requests approval of a Variance to the rear
yard setback. for the property located at 2490 Liberty Avenue. The property is zoned RCR-H
BOARD OF ADJUSTMENT
Jaintary 4,2024
(ResIdejItIal Co.jiservation Revitalization- Historic), wll.�ic h requires aIIIIIIIIIIUM rear yard setback
-equi renient frot-ii 2,51' to 1. 8' to acCOMD,-
of 25". The a plicant wishes to reduce the mniniiuni j, iodate
p I
the construction of two (2) duplexes on the, vacant lot.,
The property is located within the Oaks Historic Distrid, The architectural desi'gn of the duplexes
was, approved by the 1-11'storiandiii,ar Coniiiiisston on. November 13 � 2023. Iftlic Variance 'is
granted the applicant inust then receive, a success ful Specific'use Permit to moveforward with the
pj roect.
The applicant shall have the burden oroof to demonstrate that. all three conditions necessary for
approval lia've been, niet:
A,) That the granting of the Variance will not be contrary to the public mterest*
B) That literal enforcement of the ordinance will result in. unnecessary hardship because
of exceptional narrowness, shallowness, sbape topography or other extraordinary or
exceptional physical sit ratio or hardship physical condition unique to the specific
piece of property in question. ''t Jnnecessary handicap" shall mean physical hardshl'p
relating tothe pi.00pertyitself, The, following may also be considered when determining
C4t,'tiinccessary handicap"':
0 i (1) The cost of compliance with the zontng ordinance s greater than fifty (50), percent
of the appraised value of the structure as shown onthenl0st recent certified appraisal
roll.
(ii) Compl,'i'atice would, resultin a lossto tie lot on. whwh the structure is located of at
least twenty-five (25) percent of the area on, which development inay physically occur;
P
(111) Compliance would result 'in the: structure, not, in compliance with a requirement of
4
another city orldiinance, buildfli,,g code, ot other reqUITem.en"t;
(iv) Coin I, ,p iance would, result In the 'unreasonable encroach tile nt on an adjacent
property or easement.; or,
(v) The city considers the structure to be a ilonconPori ning structure.
0
As distinguished from. a hardship relating to convenience or caprice, and the hardship must
not result froni the applicant's or propeily owiler's own actiollso,
C) That by granting the Variance, the spir,it of'th,e ordinance will be observed and
substantial j u, tic will, be done.
N
ROARD OF ADR,JSTMENT
Jantiary 4,2024
Twenty-four (24) jiotices were ii,,iailed to property owners within two hundred, (200) feet of the
subject property. Zero (0) responses were received 'in favor and two (2) were received 'in
opposition. Mrs. Luckey read, the responses in. opposition. One stated that, since the property is in
th,e Oaks Historic District, they would also like to see the dramri , ngs ofthe proposed structure, and
layout of parking, driveways, etc. The property owner also stated that they have heard the
4, 4 g
all li,cation says brick veneer, but the drawings, indicate board andbatten. sicting. I" Flie other property
owner in opposition stated, that, they are concerned about the development of this lot. They also
stated that they only want, a single fainfly,dwelling developed, as per the code they have lived
under since 1992. '17hey ffirther stated that they have two properties on this block and want to, kliow
what 'is beihi..g planned. Mrs. Luckey noted that the design and arch itect Lira I I feature have been
approved by the Historic Landmark Coninussion.
Slides of the subject property and site, plan were, shown.
Brief discussion followed concernin.g the perimeter of the lot. Mrs. Luckley noted that should the
variance be approved, the request for a Spequfed tpres cific Use Permit will be reiro be, ented to the
Plannin /--I, omnuW W ssin anCity Couticil. �for consideration. The, numbr and, elocation of garages for
g �,..,od
each unit was alsio discussed.
The applicant was present. Cornell Price of CMP,3 Enterpr,ises, 2635 Rligby Drive, Beauniont,
Texas addressed the Board. fle stated that proposed structures, are two-story units with each unit
having a one car garage.,
Further discussion followed concerning speciHIcs of the request.
Alternate Board Member 1,ticas i-noveld to approve the ire quest for a Variance to, reduce the
0 * lunu.mum rear yard setbackrequirement, to be reduced, froni 25' to 18' for property located at 2490
Liberty Avenue, as requested, 'in, File PZ2023-1460.
Board Member on seconded the motion. A roll call vote was taken. Acting Chairman Beavei,
,Aye, Board Member Rowe -Aye; Board Member Sorrell -Aye, Alternate Roarmber, Jones -
Aye; Alternate Board Member Lucas -Aye. The motion to rov a pe the request carried 5:0.
p
m
it PlZ2023-479-0
Location -
To consider a request for a Variance to thetnmimuni rear yard
setback requirement
Brizo Construction for alb eill'Tompkins
42,50 Inez Street
Mrs. Luckey presented the to replort. Heather Ettis of Brizo Construction on behalf of Albert
Tompkins, is requesti'ng a, Vai-l'aice to, the rear yard setback for the property loicated at 4250 Inez,
a
Street. Therop perty is zoned R-S (Residential, Si,nami gle-Fly, Dwelling), which. requires a
I- 'is r,eque ing
n-iinimurnrear yard setback, of 25.,.Due to the size and shape of the lot, trot pp icant st,
I
1 4
BOARD OF ADJUSTMENT'
January 4,20,24
t1le rear setback be red ucedfiroi�, 25' to, 1.2"6" to all for constIrLICtion of a new home to be built
fluough the Tex GeneralLand Office.
The appli.cant shall have the burden of proof to demonstrate that all three, conditions necessary for
approval have been niet.%
4
A) That the granting, of the Variance wi , 11 not be contrary to the PLIblic interest-
3
B) That literal enforceme'lit ofthe ordinance will result in unnecessary hardship because
of exceptional narrowness, shallownessil, shape topography or other extraord i* nary or
exceptional physical situation Oil" hardship physical condition un� I ique to the specific
Discs , of property 1n question. "Unnecessary handicap" shall mean Physical hardship
relating to the property itself., The f6llowmg may also be considered when deter.g
4 i4utinecess ar,Y hand i.eap":
(Ii) The cost of conipliatlice with the zoning ordinance is greater than fifty (510) pei' 'cent
of the ap, I I I ,praised -value of the StrUcture as sl owt, on the niost recent cei dfied appraisal.
roll-
(H) Compliance wotild result, in a loss to the lot on wl-filch the structure is loicatat
least t-wenty-five (25) percent of the area oil which developnie'llf'May physi'cally occur,
(iiii) Coils plianc:e would result in the structure not 'in compliance with a requirenlent of
anotlier, city ord,hiance, buildilIg codie� Or other requirement;
(w) Compliance would result in tile urea viable encroacIliiient. on, an adjacent
property or easenlent; or
(v), The city, considers the strUcture to, be a noticonforilinig, structure.
As d,l is t1, ti,gu i shied ftom a hardship relating to conveiiience or caprice, and the hardsihi'p must
not result from the appficant's or property owner's own actions;
C)i 'That by granting the Variance, the spirit of the ordinance will be observed and,
substant" al I I 1. Just'ce will be done.,
Twenly-lbree (23 notices were mailed to pirope�rty owners within two hundred (200) feet of the
01 0
subject property. One (1) response was received in favor and zero (0) were received in oppo&ifi,on.
Sl*1 des of the subt Jt property and site
phan were shown.
A representative ofthe ap pfi1 1 cant was present. Gene Dinell" of Brizo Construction., on behalf of
property owner Albert 'Tompkins, 9100 Catiniff Street, Houston,, Texas addressed the Board., He
stiated that the property owner qualifies for a new hw-ne through the Texas Gene,ral Iand Office:
4
RD A
UA01" ADJUSTMENT
Jatniary 4, 2024
(GLO) Program. He furth,er stated that due to the family needs, only one, floor plan is available
that will allow for constrLICtion on the lot. Mr. Dinelli also stated that tlie, floor plan has beeli, pre -
approved by (ILO. He further stated that the old home will be deniotished to allow construction of
the new home. ..r. Dinelti also stated that a garage will not be constructed as it is not allowed, by
GLO and any fature. COD,str'LlCtion of a garage will be the responsibility the homeowiien%
Board, Member Rowe moved to approve the request for a Variance to the iiii[nitnuni rear yard
setback requirement to be reduced fi-oni, 25" to 1.2"6" for property located at 4250 Inez Street,, as,
reqti,ested In Fite PZ2023-479.
Board Men-iber Sorrell seconded the motion. A of call vote was taken,. Acting Chairnian Beaver-,
Aye, and Member Rowc-Aye, Board Member Sorrell -Aye, Alternate and Member Jokes-
Aye Alternate Board, Membe�r UCH -Aye. The, motion to, approve the request carried 5:0.
0
3) File PZ2023-501: 'ro consider, a request for a Variance to the minimum. rear yard
6
setback requirenietil in the Neighborhood Desing Overlay
District
Applicant: Jim Debes for Kevti,i. and Sarah Talbot
Location: 890 23,d Street,
I
Mrs. Luckey presented, the staff report. Jini Dgibes on behalf of Kevin, and, S,arah Talbot is
requesting a Varliance to the rear yard setback, for the property located at 890 23 d Street. The
property is zoned.R-S (Resi,dential SI-tigle-Family Dwelling) and located within the Neighborhood
Design Overlay District, which requires a niinimuni, rear yard setback of 25'. The applicant is
requesting the , rear setback, be reduced I."rom 25' to 10' to allow for construction of an, add lition. and
covered patio., The addition of the structure itself will be situated apprommately 28' rom the � ear
p rol, erty line however the, attached covered patio section of the structure will be situated 10' 3"
�from the, rear property line.
ie purpose, of the Neighborhood Design Overlay District, is to provide 'for the protection,
41 -
preservati,on and design eoinpa:tihility of buildings,, sites and areas, within the overlay district. More
specifically this district has the following expressed purposes,:
(1) To, encouragene,ighborhood conservation*,
(2) 'I"o stabilize property vatues,-
(3) 'To prevent the C0nStII*UCti0II, of building of' a size and scale, not compatible with the
established, buitt chal-acter of the district.
The appliciant, shall, have theburden of proof to demonstrate that all t1iree conditionis necessary for
approval have been met:
I
BOARD OF ADJUSTMEN"
January 4,,2021
A) That the granti.D.,g of the Variance will not be contrary to the public intet"em';
B) That literal, ellfffl,'CeDiequa. 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 specl fic
piece of property in question., "T.Ji-inecessary handicap" phy shall mean sical hardsInip
relating to the PrIopei *ty itsetf. The following may also be considered, when, let erminillig
",unnecessary handicap":
4 01
(1), The cost, of compliance with the zoning ord"Inance is greater than. fifty (50).percent,
0
of thie appraised value of the StTLICtUre as shown on the most recent certified appraisal
rolt-
(10, Compliance would result in a, loss to t1lie lot on which the strUCtUre is located of at
least twenty-five (25) percnt ofthe area on which development may physically occur;
(iii) Clompfiance would result in the strLictUre not in compliance with ca reqUireilient, of
another city ordinance building, code, or other reqwretntillo,
(INT) Compliance would result, In the wireasonable encroachinent on aii ac�jacent
property or casement, or
(v)1"he city considers the structtire to, be an.oncon.forining structure,
As distinguished from ahardship relating to convenieii,ce or caprice,, and thehardship must
not result from the applicant's or property owner's, own actl*ons"
,C) That by granting the Variance the spirit of the ordinance will bservied and
substantial.justi.ce will. be done.,
Slides, of the subject property and site plan were sliowti,
Sixteen, (16) notices, were mailed to property owners wiIIIIHI two hundred (2001) sect oft e subject
prope ify. Zero (0), responses were received in. favor or in opposition,.
A representative ofthe applicant was present. Jim.Debb s, on behalf of properly owner Kevin. and
Sai:ah. Talbot, 253, Manor Street, Beaumont, Texas addressed the Board., He stated that Surrounding
p -avor of the request. roperty owniers that he contacted are in, f
Further discussion followed conceming specifics of the request.
Board Member Lucas nioved, to approve the request for a Variance to �reduce theinininiuni, rear
yard setback requirement froni 2,5 " to 1, 0' in the Neighborhood Design �uverlay District to, allow
I
BOARD OF ADJUSTMENT
January 4,2024
for construction, of aii aMition. and covered patio, for property located at 890; 23", Street,, as,
requested in File PZ2023 5 0 1, .
Board Member Sorrell second.ed the motion. A roll call vote was taken. Acting Chairman Beaver -
Aye, Board Member Rowe -Aye, Board,, Member Son. rat -ell-Aye, Altene Board Member ne Jos -
Aye, Alternate Board Member L.ucas-Ayc. The inotion to, approve the request carried 5:0.
THERE, 13EING NO, FURTHER B1 JSINESS, 71'HE MEETING WAS AwOURNED AT 3:27
POMP
19
1ATE: April 4, 2021
TO Board of' Adjustment
FROW Ela,yna Luckey, Planner I
SUBJECT: To consider a request for a Variance to the minimum side yard setback requirements for
an accessory structure.
FILE: PZ2024-75
Kima Lovett, is requesting a varlance for the property located at, 5410 Mcanelly Dri'vel. This property initiall
-fa, mily home. A routine inspection was conducted March I
received" a building permit to c�ons,truct a single
202-4, It was, noticed an accessory building d
was built without pr,opler permits anas such a stop work order
It and the submitted survey revealed the
was posted. The applicant applied for an accessory building perm' i
a structure was placed 2.12 from the eastern side; yard, property line.
The property is zoned R-S (Residential Single -Family Dwelling). Section 28.03.024(c)(17)(B) of the City of
# I
B ea u m o nt Cod el of Ord i n a n ces states, "accessory structures to be loicated' 1*n relar or side yards an d can, be
located as close as two and one-h alffee t from th ei rear or in terior sidelo t lines"". Therefore,theapplicant
requests the lin"terior side ya,rd setback to the accessory structure bef reduceld from 2'6" to 21.1
Then pplicant shall hiave the burdien 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 interesi
13) That literal enforcement of the ordinance Mil result in unnecessary hat-dship because of'
exceptional narrowness,, shallowness, shape topography or other, extralordinary or exceptional
philysilcal. situ-ation, or hardship physical coindition unique to the specific piece of property in
I
question. "Unnecessary handicap"' shall mean physical hardship relati i ng' to, the, property, itself.
The following maily also be considered when determining "'unneicessary handicap"
1 1(5,0) plercent of th
(i) The cost of' compliance with the zoning ordinance is greater than fifty
I
appraised value ofthestructure as shown on the mil recent certified appraisal roll;
(H), Compliance woulld reSUjI't In a loss tio the lot on which the struCtUre Is, [ocateld of at least
Lwenly-five (25) percent ofthe area on which development may, physically occur,
it h a req u ill re m e nt of' a n oft h e r
(ili) compliance would result in the; structure not in, coirnpliance wi
city ordinance, building code, or other requirement,
(Iv) Compliance, W01111d result in the unreasonable encroachment on an adjacent property or
easement,# or
As dist! ng,u is lifrom a hardship relating, to, convenience or ca pricej and the hardshiI p must not result
,
from the applicant's or property owner's own actions;
C) That bygrantingtheVariance, tiespiritof the ord'inance will, be observed and substantlaIjEst
ice
will be done.
Exhibits are attached.
Notices mailed to property owners 15,
Responses in Favor Responsesin Opposition
I
Being Lot 19, Block 3, Mcanelly Place Addition,, Beaumont,, Jefferson, County, Texas, containing 037 acres,
more or I.
11M
GENERALIMUMIIATTWIP-r-IL _=
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY S I ZIE:
EXISTING LAND, USES*
FLOOD SIZE) ZONE*
SURROUND'ING LAND USES:
NORTH: Residential
SOUTH: Residentia,
WEST: Drainagil
z
COS SW PLAN*
STREETS:
DRAINAGE-.,
WATER:
SANITARY SEWER SERVICE:
Kima Lovett,
Kima K Lovett Sr
5410 Mcanelly 'Drive
RS (,Residential Single Family)
,10.317 acres
Under Development Residential
X Area determined to be outside the 500-
year flood plain
SURROUNDING ZONINIIG**
RS (Resildential Single F'amily)
ME
m
Low Derisi-ty Rural Areas
Plant Road, — Major Collector -Suburban with a 60' right-
of-way and 22" pavement width.
Mcqnelly Drive al Street with a 60' right-of-way
a,nd 18' pavement width.
open ditch
611 water line on, Mcanelly Drive.
811 sanitary sewer line on Mcanelly Drive.
1 1, 1'' 1 11 , I 111441mmawyT kin',
. ........ . . ........ .
CA JAMES R
A DESIGN BUILD SMART INC
THRIVE M A S ENTERPRISES LLC
LARA CARLOS AND
NOLAND MARGARET
NOLAND LARRY DAWSON
WELCH WILLIAM M
GOODLY PAUL M & POLLY ANN F
JACOBS JOEY R
SAMUEL LORI
WATSON BRIE N MARCUS
KNUPPLE WILLIAM, NT(TD)
JOKES DEBORAH JEWEL,
UDI PROPERTY
SERAFINO ALESS ANN LIFE ESTATE)
MCANELLY JESSICA, N ETAL
dk' A AL
BEAUMONT
'Ity Development
Planning & Conninun,
Case T *W I Case Status*. REVIEW
ypePlanning and Zoning
Case Sub Type* Variance Tag Name: Storage Building
Case M RZ2024-75 Initiated On: 3/14/2024 9:1,2*15AM
TX
Location: 5410 IVICANELLY DR, BEAUMONT,
ItWividuals listed on the recorl
Applicant
Kima Lovett
Home Phone-, 409-4,55-1399
5225 Wildwood Dr
Work Phone:
Beaumont, TX'77708
Cell Phone: 409-455-1,399
E-Mail: kimalovett@gmall.coni
Agent
Kirna Lovett
Horne Phone- 409-455-13,99
5225 Wildwood Dr
Wo�rk Phone:
Beaumont, TX'7'7708,
Cell Phone: 409-455-13,99
E-Mail: klinalovett@gmail.com
Property Owner
Kirna Lovett
Home Phone-, 409-4551399
5225 Wildwoodl Dr
Work Phone-,
Beaumont, TX 77708
Cell Ph nee- 40,94,55-1,399
E-Mail: kinialovett@gmail.com
Legal Description
Storage Building
Type of Variance:
That tile granting of the variance will
not be contrary to the public interest
That literal, enforcement of 'the
ordinance will, result in unnecessary
hardship,
No the variance will not, be contrary the public's Interest
No unnecessary hardship will come from this variance
'That by granting the variance, the Yes
in of the ordinan,cle will be observed
and substantial, Justice will be done
Notes. -
Case Type: Planning and Zoning
Case #: PZ2024-75
Page 1 Of I
Printed On -I 3/14/2024
KIMA LOVETT SR,.
5225 WILDWOOD DR.
TX 77708
BEAUMONT
(4019) 45S-1399,
To whomit may cloncern,
I ain writing to formally request a variance for the setbacls-, requirements for the clonstruction, of
an accessory building on the propertylocatied at S410 McAnelly Dr. Beamnont, Tx 77708. The
4
reason. for this variance, request is, due to the city requirement of a 2.510-foot setback, from the
property line, whilethe proposed accessory building would ha�ve a setback of 2.27 feet from, the
property line.
'The minor variation from the, setback requirement is neicessaiy, in order to optimize the use of the
a U 1 ining a reasonable, distance from the property
vanable space on the property while still ma'iita" '
line,. The slight encroachment of 0.23 feet from the required setback is not expected to Pose any
a
properties, or the. overall aesthet Ics of
sigm icant issues or concerns with regards "�ig to neighborh
the area.
assure you that theconstraction. of the acceissoiy building, will, adhere to, all other relevant
'I
re -ety, integrity, and compliance, of the structure. The
gulations and guidefines to, ensure the saf i i
I" I I I I Izing the
-variance request is being made in good faith and with the 'ntentwon of es util
property without causing any adver�se in-tpacts on the surrounding environment.
I kindly request that the city p1atining department coii,sider granting the variance for the setback
req
P 1 -led dncewrement based on. the minimal deviation from the s, ec*f ista.
1 1. 1 1.1 Ais bu* Iding is intende d to
Fhe accessory bu*lding w'll sier-ve as an, outdoor storage facifity., TI I
provide additional storage space f-or various 'items anid eq-alpmenthat are currently occupying
indoor areas or that do not have a designated storag, e locatioti. By utilizing the accessory building
A
for storage purposes, we aim to free up space within, the main structure and improve organizati on
and efficiencyi,n managing belongings.
The outdoor storage building wilt be used to store items such as tools, equipment, seasional
decoratIons, supplies, and other miscellaneous 'Items, that are not required to be stored Indoors.
This will help keep indoor spaces clutter -free and ensure that belongings are properly organized
and easily accessible -when needed.
We assure you that the accessory building will be constructed in con-iipliance with all relevant
regulation,s and guidelines to ensure that it i,,s safe, secure, and aesthetically pleasing. We are
itted to maintain.iii I , anner. If you have any
coni,.m, g the property ij,I a responsible and respectfui in
1, Y
concem,,s or require further information about the purpose or conistruct"on of the accessor
building, please do not hesitate to contact us. We appreciate your, understanding and cooperation
as we, work to im-iprove the propeq Y . Thank you for your attention to this, n-.iatter.
Sincerely,
/6
666-2Z 'ON 311A
loc=1131 RIVOIS IN
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C
ll�e R.2024-75: To consider a request for a Variance to the minimurn sidle yard seltbaecg
m
quirement folr, an accessory structuref
pplicants. Kim a Lovett
3cation: 5410 Mcaneilly Drive, 0 100 200
1 1 1 Feet
TO: Board of' Adjustment
FROM: Elayna Luckey, Planner I
SUBJECT: To consider a request for a Variance to the minimurriside yard setback requirements in
the Neighborhood Design Overlay District.
FILE: PZ2024-76
Se ctio n 2 8.03.02 2 of t h, e Clity's Cod e of 0 rd in a tices states, "the p urpose of the Neighborhood Design iO ver,lay
Dis tri'ct is to pro vide for the protec tion, preserva tion and'design compatibility of buildings, sl tes and areas
w ithi the overlay districL Morel specifically thl's district has, thefollowing expressed purposes.-
i in
(1) To encourage neighborhood conservatidn;
(2) To stabilize propert values;
'Y
(3) To, prevent the construction ol'building of a size and scale not compatible with the established built
character of the district."
The applicant shallhave the burden of proof to demonstrate, that all three conditions necessary for approval,
have been met'.-'
* * teres
A) That the granting of the Variance will not be contrary to) the public, in, i I
B) That literal enforcement of the, ordinance will result in unnecessary hardship, because of
ional, naIrrown ion�a
except ess, shallowness, shape topography or other extraordinary or excepti
physical situiat'lon or hardship physical condition unique to the specific piece of property in
sel
question. "Unnecessa' ry handicap" shall mean physical hardship relating to the, property itsl
The following may also be considered when determining ""unnecessary handicap":
(1) The cost off compliance with thel zoning ordinance is greater than fifty (50) percent of thL,-,
t, ppra ised valu e ofthe structu re as s hown on the most rece nt certif ied a ppra isal rol k
I
(ii) Compliance would result 1"In a loss to the lot on which the sti-LICtUre is, located of at least
twenty-five (25) per ceint of the area on which development may physically occur,;
Oii) COMP'liance would result in the structure not in compliance with a requirement of another
4
city ordinance, building code, or other requirement,
('v) Compliance would result in the unreasonable encroachnnetit on an adjaicen't property or
easernent; or
(v) The city considers the structure to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship Must ri�ot result
frorn, the applicant's or property owner si own actions,
q That by granting the Variance, the spirit of the oi-dinance, will ble observed, and substantial justice
w ill be done.
I
Exhibits are attached.
a �
N oti ces, mal' I e d, to p ro pe rty ow n e rs 17 .
Responses, In, Favor Responses in opposition
Being all of Lot 131, and the Northern half o,f'Lot 12, Block 1,6, Calder Place Addition, BeaUmont, Jefferson
County,,, Texas, containing 0.258 acres, more or less.
GENERAL, INFORMATIONIPUBIL4C UT111TIES
APPLICANT",
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE,:
SURROUNDING LAND USES,,:
NORTH: Residential
E4ST# Residential
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
101
WATER,*.
SANITARY SEWER, SERVICE:
Craig, per
890 21't Street
R,S (Residential Single Family)
"0.25,8 act"es,
Residential
X — Area determined to be outside the 5-
year flood Plain
I
SURROUNDING ZONING.,*,
RS, (Residential Single Family)
M
M
M
RMaMMM
Harrison Street ® Loca,l Street with, a 60' right-of-way
and 22' pavement width.
21't Street — Local Street with a 60' right-of-way and 25'
pavement width.
Curb and gutter.
6"' water line on Harrison Street,.
6 11 t
sanitary sewer linein, alley on, 21'
PROPERTY OWNER NOTICES SENT WITHIN 200
SHAJARI CHARLES & KAT, HLEEN
IVICDONALD MARC D & VIC
REYNA
M,CDO,NALD MARC D & VIC
REYNA
RUPERT CRAIG J & TRISHA
TOLIPS DWIGHT M
BROUSSARD RYAN & PAM
BARNETT PATIENCE L
PARMER SARAH H & DAVID N
SANCHEZ JACKELIN YVETTE
STEVENSON A
TODD KRISTINA
FAGGARD ALFRED MARKHAM
VIVRETT MARY ELL,EN QUICK
MCCLEAN JENNIFER
HARRIS RO NALD &JAM I E
STOKES MEREDITH
BA-17TAGLIA PHILLIP ET UX
Ik A,
BEA, 0N,1T
Planning 1& Community Development
Gale Type: Planning and Zoning Case Status: REVIEW
Case Sub Type: Variance Tag Name: Setback Variance Request
Case #: 1 Z2024-76 Initiated On: 3/14/202:08PM
Location: 890 21 ST ST, BEAUMONTJ 7'7706
Individuals listed on the recorl
,Applicant
Daniel Dotson
1405 Cornerston Court
Beaumont, TX77706
Daniel Dotson
1405, Cornersto!in Court
Beaumont TX 77706
Home Phone: 4098327238
Work Phone:
Cell, Phon&- 4098327238
E-Mail: ddotson(b) 1 ,.,fJttzshipnian.corn
Horne Phone'
Work Phone:
Cell Phone*
E-Mail: ddotson@fittzshIpnian-com
Craig Rupert Home Phone:
890 21 st street, Work Phow
Beaumont, tx 77706 Cell Phone,.,
E-Mail:
That the grantIlIng of the variance will
not be contrary to the public: interest
That 1111eral enforcement ofthe
ordinance will result in unnecessary
hardship
'That by graint,ing th 'e variance,, the
spir't of the ordinance will be observed,
and substantial Justice will be done
Notes:
Variance
The current home and other reisidences in. the area are currentl
located within the setback.
The building addition to the existing residence is not possible
because the exisfing, house is located in the setback.
Granting the variance will irnaintain the curren�t standards as th
existing house and other houses ins the area. I
Gase'Type: Planning and Zoning
Case 41: PZ2024-76
Page 1 of I
Printed On: 3/15/2,104
INC.
Covs,ulting Enghieeiw and Lancl Sio-veyonv
Ronald D. Fittz, P.E., R.P.L.S. (1948-1987)
Terry G. Shipman, RE,, Senior:Co,nsultaint
Bernardino D. Tristan, P.E., Chief Executive Officer
Mr. Chris Boone
Planning Department
City of Beaumont
P. 0. Box 3287
Ber aumont, eras 77701
R E V- 890 21 "t S tre et I
Variance Request
Daniel A. Dotson, RE,, President
i
Donald R. King, P.E., Vice President�
We are applying" for a variance to the side setback for the property located at 890 21s't Street in Beaurnont,
Texas. The existln,g house is located 'in the: setback and the Owner requesting to, construct an addition
to the house., 'The only way to achieve the addition is to connect to, the ex�isting, structure which is
currently built within the side setback along Harrison Ave.
There are several existing houses in the neighborhood that have been con'struction, simi1eir to this house
and are also liocated within this setback. Therefore it, is out, opinion that, the construction of the building
addition to the existing house within the side setback will, confirm to the s,ame standards and look as thie
Shipm X!,jJnC, F
by.- Daniel-b"O'otson, P.E.3
Pro ect Engineer
for the Firm
1405 Cornerstone CDar - Beaumont, Texas 77706 832-7'238 - Fax (4,09), 832-7303
Texas Board of Professional Engiineers Firm No. 1160 - Texas Board of Professional Land Surveyors Firm, No. 7'00 786
pp
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VARIANCE, REQUEST
L,� L
- — ------ - - INC. PROJECT NAME: 890 21 st Street
Consulting EYINneers and Land Surveyors
Beaumont, T,X 77706
14,05 CORNERSTONE COURT, BEAUMONT, TEXAS, ,
PH (409) 832-7238 FAX (109) 832. - 7303
T.B.P.E. FIRM, #1160 * T.X.L.S. FIRM #100,186 0 COPYRIGHT 2024 FITTZ & SHIPMAN, IN'C. DATE: Mar 14, 2024
ile PZ2024-176: To consider a request for a Variance to the minimurn side yard setback,
q tllq��Iq
ipplicant. Daniel Dotson with Fittz and Shipman, Inc
ocation: 890 21,'t Street
0 1010 200
Feet