HomeMy WebLinkAboutPZ2024-82DATE: May 2, 2024
TO: Board of Adjustment
FROM: Elayna Luckey, Planner I
SUBJECT: To consider a request for a Variance to the minimum side yard setback requirementsin
commercial zoning district.
FILE: PZ2024'82
STAFF REPORT
Luis Alfambrequesting avariance for the property located at 3735Nata|ie street. Section 28.03.024(b)(2) of
the City ofBeaumont Code nfOrdinances District area and Height table provides aminimum side yard
setback requirement of five (5) feet for properties abutting other commercial zoning districts. The applicant
reque$stherequired sideyandsetback bereducedf rnm5'to1'toe|low for anadd|tionconstrucLedwith out
the benefit ofenapproved Building Permit orVar|ano�toremain.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval
have been met:
A] That the granting ofthe Variance will not becontrary tothe public interest;
B) That literal enforcementoftheordinancevviUnesukinunnecessaryhardshipbecauseof
exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional
physical situation or hardship physical condition unique to the specific piece of property in
question. ~Unnzcessaryhandjcao"shall mean physical hardship relating tothe property itself.
The foUowinAmay also beconsidered when determining "unnecessary handicao~�
(i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the
appraised value ofthe structure asshown onthe most recent certified appraisal roll;
UU Compliance would result in a loss to the lot on which the structure is located of at least
twenty-five (25) percent of the area on which development may physically occur;
(iii) Compliance would result in the structure not in compliance with a requirement of another
city ordinance, building code, or other requirement;
(iv) Compliance would result in the Unreasonable encroachment on an adjacent property or
easement; or
(v)The city considers the structure tobeanonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship must not
O 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: Residential
EAST: Commercial
SOUTH: Multi Family
WEST: Residential
COMPREHENSIVE PLAN*
DRAINAGE:
LuisAlfamo
Luis/Wfapo
S75SNatalie Street
GCMD(General Commercial -Multiple Family Dwelling)
"0.207acres
Residential
X—Area determined tobeoutside the 5OO'
yearUoodp|ain
GCMD
RCR
Conservation Revitalization Areas
Natalie Street — Local Street with, 6[Yhght-of-vvayand
26' pavement width
open ditch
Z.2S"water line on Natalie Street.
PROPERTY OWNER NOTICES EI T WITHIN 01
CERIL HENRY &. HELE
PEREZ LUIS MIUEL ALEAR
AVAI D INVESTMENTS LLC
BLTN FRANK
B LTO N FRANK E
MASON PROPERTIES &c INVESTMENTS
EDLE HENRY & FAITH E
BDLE HENRY &r FAITH
MOUTON CHARLES & BEi E LY
BLE FAITH
MOUTON CHARLES WJR & BEVERLY
WILRID E
BODAH AU USTUS
HLST GILES BULLOCH & RBERTA
BEAUMC3NT
Planning & Community Development
Case Type:Planning and Zoning
Case Status: REVIEW
Case Sub Type: Variance
Tag Name: Addition to home
Case #: P72024-82
Initiated On-, 3/1912024 7:18:06PM
Location: 3735 NATALIE ST, BEAUMONT, 77705
Individuals listed on the record:
Applicant
Luis Alfaro
Home Phone: 4099980824
3735 Natalie st
Work Phone:
Beaumont, TX 77705
Cell Phone: 4099986754
E-hail: Maricelacastillo627@gmail.com
Agent
Luis Alfaro
Home Phone: 4099980824
3735 Natalie st
Work Phone:
Beaumont, TX 77705
Celi Phone: 4099986754
E-Mail: Maricelacastillo627@gniail.com
Property Owner
Luis Alfaro
Home Phone: 4099980824
3735 Natalie st
Work Phone:
Beaumont, TX 77705
Cell Phone: 4099986754
E-Mail: Maricelacastillo627@gmaii.coni
Legal Description
HACKETT L3 134 N112 L4 134
Type of Variance:
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. -
asking for a addition to the home be closer to property line, neighbor
is in agreement with the construction.
The addition will take a take a monitory toll in our family since the
construction is already in place
the addition will help increase property value to the home
Case Type- Planning and Zoning Page I of I
Case #: PZ2024-82 Printed On: 4/3/2024
I Luis Atfaro applied for a variance because I did a residential
addition (laundry room) in which I was not aware I needed to pull
a permit to do an addition to my home. I am applying fio see if I
can keep that laundry room I added beacause I have already
invested my time, and money into this and ii is completed. The
reason I decided to add it is because the home did not have a
laundry room, I consulted with my neighbor and he was okay with
me doing it as well he told me it did not affect him in any way.
Now I am just trying to comply with the city in getting the
necessary permit and taking the necessary steps to be able to
keep that addition, if I can keep it, it would help me clot too, the
house would also increase value. I did not have any bad intention,
I talked with my neighbor as well and nobody mentioned any
permits I was not aware, as this is my first home. I would really
like to have this resolved so I can move in, with my family, that is
why I am applying for the variance, and from now on I will be
consulting with the City of Beaumont for any type of work I would
do to my home.
Att: Luis Miguel Alfaro Perez
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File PZ2024-82: To consider a request for a Variance to the minimum side yard setback
requirements in a commercial zoning district.
Applicant: Luis Alfaro
Location: 3735 Natalie Street 0 100
Ii Feet
Legend
PZ2024-82
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