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HomeMy WebLinkAboutMay 2024 BOA Packet*AGE N D A* BOARD OF ADJUSTMENT May 2,2024 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:OOp.nm. The meeting will also be broadcasted on the Citys YouTube channel: https:ZLwww.youtube.com/channel/UCnY6nNk8zfXZulMglzbwEBg *A G E N D A * Pn'| rii|| APPROVAL OF MINUTES Approval ofthe minutes ofthe meeting held April 4,2O24. SWEARING IN OF WITNESSES PUBLIC HEARING jJFile :Toconsider arequest for aVariance tothe minimum side yard setback requirements in a commercial zoning district. Applicant: LuisA|fano Location: 3735 Natalie Street ZIFile :Toconsider arequest for aVariance tothe minimum setback requirements for a svv1rnrnlng pool in a residential zoning district. Applicant: Thomas Schroeder Location: 345OPond Circle OTHER BUSINESS Anini ]PKI Persons with disabilities who plan tojoin '1--MINUTE S BOARD OF ADJUSTME ENT April 4, 2024 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on April 4, 2024 and called to order at 3:14 p-ill. with the following members present: Chairman Dana Timacus Board Men-iber Jeff Beaver Board Member- Joey Hilliard Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Men -fibers absent: Board Member "fon Rowe Alternate Board Member Stcvc Lucas Also present: Elayna Luckey, Planner I Susan Smith, Recordinfz Secretary Tyraan Albert, Zoning Teelmician APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes of the January 4, 2024 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes caff led 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:15 p.n-.. PUBLIC HEARING 1) File PZ2024-75: To consider a request for a Variance to the minimum side yard setback requirement for an accessory structure Applicant: King a Lovett Location: 5410 Mcanelly Drive BOARD OF ADJUSTMEN"I" AI)61 4,2024 Mrs. Luckey presented the staff report. Kima Lovett, is requesting a variance for the property located at 5410 Mcanelly Drive. This property in, itially received a building permit to construct a single-family home. A routine inspection was eonducted Mareh 12, 2024, it was noticed an accessory building was built without proper permits and as SLIch a stop work order was posted. The applicant applied for an accessory building permit and the submitted survey revealed the accessory structure was placed 2.12' from the eastern side and property line. The property is zoned R-S (Residential Single -Family Dwelling). Section 29.03.024(c)(17)(B) of the City of Beaumont Code of Ordinances states, "ciccessoi*y structures to he located in rear or sicle ycircls and ccin be located cis close as nt�o and one-hci� lfirom the )-ear oi- interior sicle lot lines Therefore.,, the applicant requests the interior side yard setback to the accessory structure be reduced from 2'6'31' to 2'. 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. "'Umleecssary handicap" shall mean physical hardship relating to the property itself. The following may also be considered when determining Ctunnecessary handicap". (i)The cost of compliance Nvith i the zoning ordinance s greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Compliance would result in a loss to the lot on whi-ch the structure is located of at least twenty-five c ercent 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 requiren-ient; (1v) Compliance would fCSUIt in the unreasonable encroachment oil all adjacent property or easement; 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 not result froin the applicant's or property owner's own actions; 2 BOARD OF ADJUSTMENT April 4, 2024 C) That by gmuting the Variance, the spirit of the ordinance will be observed and substantial iustice �,Nli I I be done. Fiftcen (15) notices were mailed to property owners within two hundred (too) feet of the subject property. One (1) response was received in favor and zero (0) were received ill opposition. Slides of the subject property and site plan were shown. Brief discussion followed conecrning specifies of the request. The applicant was prcsent. Kima Lovett, 5225 Wildwood Drive, Beaumont, Texas addressed the Board. He stated that an accessory structure was located on the property when purchased. Mr. Lovett further stated that the accessory structure has since been demolished with a new accessory structure C011strUcted on the pre-existing slab. He also stated that. lie thought the permit lie obtained for new construction on the property also included the accessory structure. Mr. Lovett further stated that the property was previously owned by the neighboring property owner. Further discussion followed concerning utility casements along the rear of the property and the side yard setback. Board Member Hilliard n-ioved to approve the request for a Variance to reduce the minimum side yard setback requirement to be reduced from 2'6" to 2' for an accessory structure for property located at 5410 Mcanelly Drive, as requested in File PZ2024-75. Board Member Beaver seconded the motion. A roll call vote was taken. Chairman Timacus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Sorrell -Aye, Alternate Board Member Jones -Aye. The motion to approve the request carried 5:0. 2} File PZ2024-76- To consider a request for a Variance to the minimum side yard setback requirement in the Neighborhood Design Overlay District Applicant: Daniel Dotson with Fitt z and Shipman, Inc. Location: 890 21" Street Mrs. Luckey presented the staff report. Daniel Dotson with Fitt z and Shipman, Inc on behalf of Craig Rupert, is requesting a Variance to a side yard setback for the property located at 890 21" Street. The property is zoned R-S (Residential Single -Family Dwelling) and located within the Neighborhood Design Overlay District, which requires a minimum side yard setback of 10' for exterior corner lots abutting a rear yard. The applicant is requesting the exterior side yard setback be reduced from 10' to I' to allow for construction of an addition to an existing garage and construction of a covered patio. The proposed addition will tie into the existing garage that also sits 1. 16' from the exterior side property line. 3 BOARD off, ADJUSTMENT April 4,2024 Section 28.03.022 of the City's Code of Ordinances states, "the pulymse Qf the Afeighbol-hood Design Over loj; District is to pi-ovidefbr the protection, preservation onlesign coinl-),citibilil)� of builclings, sites and arects ivithin the overlo)) clistrict. Iloi-e q)ecificcilly Ihis (lisirict hcis the A 'follolving exlvessedpui poses: (1) To encoui-cige neighboi-hood conservcition,I (2) To smbilize pi-ol-)erl)l valites; (3) To pl-event the cons1ruction of huilcling of (t size cind sccile nol conil)cilible 1-ilith the estcih lished b i i ill ch arcictei - of the (listrict. C The applicant shall have the burden of proof to demonstrate that all three conditions neecssary for approval have been inet-0 D) That the granting of the Variance will not be contrary to the public interest; E) That literal enforccii-icn-t 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. "Umicecssary handicap" shall mean physical hardship relating to the property itself. The following may also be considered when determining (Lunnecessary handicap".- (i) The cost of compliance with the zoning ordinance is greater than fifty (5 0) percent of the appraised value of the structure as slimvii on the most recent certified appraisal roll; (ii) Compliance would result in a loss to the lot on which the strUCtUre is located of at least tvventy-five (25) percent of the area oi) which development niay 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) Compliaiice would result in the unreasonable encroaclu-nent oii an adjacent property or casement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convcniencc or caprice, and the hardship must not result from the applicant's or property owner's own actions; F) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. 4 BOARD OF ADJUSTMENT Apri 14, 2024 Seventeen (17) notices were mailed to property owners within two hutidred C feet of the subject property. Zero (0) responses were reed ved in favor and zero (0) were received in Opposition. Slides of the subject property and site plan were shown. Brief discussion wCas had concerning location of the requested variance. A representative of the applicant was present. Don Burrell of Fitt z and Shipman, Inc., 1405 Cornerstone Court,, Beaumont, Texas addressed the Board. He stated that he represents the property owner, Craig Rupert. Mr. Burrell further stated that there is no site restriction of the street intersection. He also stated that the requested side yard setback runs parallel with Harrison Street and the design of the proposed structure will match the current structure. Board Member Sorrell moved to approve the request for a Variance to reduce the minimum side yard setback requirement to be reduced from 10' to 1' in the Neighborhood Design Overly District to allow for construction of an addition to an existing garage and construction of a covered patio for property located at 890 21" Street, as requested in File PZ2024-76. Board Member Jones seconded the motion. A roll call vote was taken. Ch airman Timaeu s -Aye, Board Mcniber Beaver -Aye, Board Member Hilliard -Aye, Board Meniber Sorrell -Aye, Alternate Board Member Jones -Aye. "I"he motion to approve the rcquest carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:33 P.M. 5 DATE: May Z,2-OZ4 TO: Board of Adjustment SUBJECT: Toconsider arequest for aVariance tothe mjn\mumside yard setback requirements ina commercial zoning district. FILE: PZ2024-82 STAFF REPORT Luis Alfamis requesting avariance for the property located at 3735Natalie street. Section 28.03J24(b)0of the City of Beaurnont[ode ofOrdinances District area and Height table provides ominimum side yard setback requirement of five (5) feet for properties abutting other commercial zoning districts. The applicant requests the required side yard setback be reduced from 5' to V to allow for an addition constructed without the benef it of an approved Building Permit or Variance, to remain. 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 interestY B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography orothere/traord|n=n/orexcept|one| physicaisitu at|onorhanbhipphvsbaIcondb\onun)quetoihespecUlcpiece ofproperty|n question. "'Unnecessary handicap" shall mean physical hardship relating to the property itself. ThefoUovv)ngmaya|sobecona1deredwhendeiermin1ng"uonecessaryhandicap^: U>The cost of compliance with the zoning ordinance bgreater than fifty 80percent of the appraised valUe of the structure,as shown on the most recent certified appraisal roll; UUCompliance would result inoloss tothe lot onwhich the structure is located ofaLleast 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 c ity ordinance, building code, or other reqUirement; (k)Compliance would result inthe unreasonable encroachment onanadjacent propertyor easement; or k/\The city considers the structure tobeanonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must not {] That by granting the Variance, the spirit of the ordinance will be observed and substantial justice Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 13 - Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being All of Lot 3 and the Northern Half of Lot 4, Block 4, Hackett Addition, Beaumont, Jefferson County, Texas, containing 0.207 acres., more or less. GENERAL INFORMATION PUBLIC UTILITfES PROPERTY OWNER: LOCATION: EXISTING ZONlNG: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: Luis Alfaro Luis Alfaro 3735 Natalie Street GCIVID ( General Cornmercial-Multiple Family Dwelling) —0.207 acres Residential X — Area determined to be outside the 500- year flood plain NORTH: Residential GCMD EAST: Commercial GCMD SOUTH: Multi Family GCMD WEST: Residential RCR COMPREHENSIVE PLAN: STRE ETS.: DRAINAGE: WATER: SANITARY SEWER SERVICE: Conservation Revitalization Areas Natalie Street— Local Street with-60'right-of-way and 26' pavement width open ditch 2.25,01 water line on Natalie Street. V sanitary sewer line in the rear PROPERTY OWNER NOTICES SENT' WITH IN 2001 CERIL HENRY & HELEN PEREZ LUIS MI ALFARO AIA1 D INVESTMENTS LLC BOLTON FRANK BLTN FRANK E MASON PROPERTIES TIES INVESTMENTS BDLE HENRY & FAITH E B IDLE HENRY & FAITH MOUTON CH RLES & BEVERLY B D LE FAITH MOUTON CHARLES W JR & BEVERLY WILRIDGE B DAH AUGUSTU H LST CHILES BULL CH & R BE TA B EAV MO N T Planning & Community Development Case TypeYlanning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Addition to home Case #: PZ2024-82 Initiated On: 3/19/2024 7:18:06PM Location: 3735 NATALIE ST, BEAUMONT, 77705 Individuals listed on the re or Applicant Luis Alfaro 3735 Natalie st Beaumont, TX 77705 Agent Luis Alfaro 3735 Natalie st Beaumont, TX 77705 Property Owner Home Phone- 4099980824 Work Phone, Cell Phone: 4099986754 E-Mail: Maricelacastillo627@grnall.com Home Phone- 4099980824 Work Phone: Cell Phone* 4099986754 E-Mail: Maricelacastillo627@9mail-com Luis Alfaro, Home Phone: 4099980824 3735 Natalie st Work Phone: Beaumont, TX 77705 Cell Phone: 4099986754 E-Maii: Maricelacastillo627@gmail.coni 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 Type: Planning and Zoning Case #: PZ2024-82 HACKETT L3 134 N1112 L4 134 Variance 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 Page I of 1 Printed On: 4/3/2024 I Luis Alfaro 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. f am applying to see if I can keep that laundry room I added beacause I have already invested my time, and money into this and it 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 !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. Ate: Luis Miguel Alfaro Perez I ar( ) p.e Ctp�jclv& /YJ O �� V D aIG � U e �1► G-� ._ I ult I A 1��---.VUri CW(4 ��r ...--_ I o (ual..hv 6ah;a gnu ,1uvund�anud��.���' �n.i�. __�_.r su �,,r- _���m�'So__,..�JuvuIke. � � y Gt.p Ir C� n�! C� C)�- ,r p or dince-o-eri Ira 6o _ _a-- .-ram � - -- ct _4,Ct K j u vC� C, cey 160 44-j-0 q- (YU u-FGckc h,-a- ellnic5a _h dv -a -- .- ----- -- -t-tly -�a -fin_CQ s'd ---- - �'----�------_.. _ _..-- - -- Y-a. V%4- oa �r- ay-v�__xu---�-'�---��.��.��-''�. _mil_ va_. ---_----T... ----- - ta. _Cr�su__._-_ sub�_rc_c_�..• nolvht�e_t`n�nc�U�. 0 ry,, -ve -Y Cl l vn u. -�-eY1I Cx _ __ �. _j 5 er an q�r(- �d .a .Cond.c�mt-r'_.. ---- -- OL YY�Ct (a lye YlO T,� ����5 pcyqLp-e_ a �fep o . u- rc,` e r►_ Jl�''d cc d - -- � ---------�-- � 5to Q P6 .QjC �rmc.__ U�uV1!P vIV�- a-e.►. .r ns�I-� -�!d 1� - -- �u -car __ �-__.. -Y"-�-- �. P. Ly jj) qvc P�t � �U.��O 2S; Zd 2m` •��'u rtJ ��r�Za He PZ2024-82: To consider a request for a Variance to the minimum side yard setback equirements in a commercial zoning district. ►pplicant; Luis Alfaro ocafion: 3735 Natalie Street o Boa I i i feet DATE: May 2,2O24 TO: Board ofAdjustment FROPW: EbvnaLuckev Planner SUBJECT: Tocons iderarequest for aVariance tothe minimum setback require rneni forapoo\ina residential zoning district. FILE: PZ2024-87 LffirA111926INtral RN Thomas Schroeder is requesting a variance for the property located at 3450 Pond Circle. Section 28-04-008(3)(B) of the City of Beaurnont Code of Ordinances states, "'A poolmaybe located anywhere on a premises except in the reqmiredJron/yord, provided that the pool sholl not be located CIGserthan five (5) fee/ toany property line qfthe property oowhich locoted" The oppUcan1requeststhe requiredsetbocktothe pool be reduced from 5' to 3)5)). The applicant shall have the burdenof 'proof todemonstrate that all three conditions necessary for approval have been met: A) Tha t the g ranting ofthe Va ria nce will not be cont ra ry to the publ ic interest; EA That literal enforcement of the ordinance will result in unnecessary hardship because of excepu<omal narnowness, shaUmyness,shapetopo8naphmorother ext raordimaryor except iona( physical situation or hardship physical condition unique ioihe specific piece of property in question. ""Unnecessary handicap"" shall mean physical hardship relating to the property itself. The following may also boconsidered when determining "unnecessary handicap", 0The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (1i){ompliance would result in. aloss tothe lot on which the structure islocated of at least (25) pet -cent ofthe area onwhich development may physically occur; NU 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 inthe unreasonable encroachment onanadjacent 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 reSLIlt from the applicant's or property owner's own actions; C\ That bwgranting the Vadance the spNtofthe ondinanceviU be observed and substa ntia I justice Exhibits are cattached. PUBLIC NOTIFICATION Notices mailed toproperty owners 33 . Responses in Favor Responses in Opposition LEGAL DESCRI Being Lot 5, Rosemary Section U|, The Crescent on Walden Phase | Addition, Beaumont, Jefferson County, GENERAL INFORMATION/ BLICUTILITIES PROPERTY OWNER: PROPERTY SIZE: EXISTING LAND USES-: FLOOD HAZARD ZONE -- SURROUNDING LAND USES: EAST- Residential SOUTH: Vacant WEST: Residential COMPREHENSIVE PLAN: DRAINAGE: SANITARY SEWER SERVICE: Thomas Schroeder Thomas Schroeder 345OPond Circle PUD(Planned Unit Development) cvO.0752aores Under Construction, Residential X—AreadeterminedtobeoutsNeiheSOO' yearf|oodplain PUD (Planned Unit Development) pUD pUD Neighborhood Growth Unit Pond Circle — Local Street with 4O right-of-way and 25' pave mnentwidth. Curb and Gutter 8 water line. 6"sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN 2001 SHERMAN CHRIST PHER & DEB RAH FL NAGANANDREWS &SHAR N [ FOX LANCE CLAY & STEPHAIIE RANAE RICHARD ELTN & ERICA THEW AN R BERT A & DEBRA J V LRIE MONICA M U RCH ISON BARRY C & ANIT C CPELAND BILLY BOB & RAMNA LREE QUINN DAVID L & I ARLA► I J[ES GAYLE ISZ INVESTMENTS LLC ISZ INVESTMENTS LLC LINCRAET LTD ISZ INVESTMENTS LLC THEY CASEY A & ELISSA R DAVIDSON JERKY 11 & BETTE DAVIDSON J ERRY W & BETTE R JAS FRANK & CHARM AI N E; SKIN N ER RUSSELL SC TTDAVIDDANIEL&Yl ETTEANN CALDWELL DA"VID & }LGA LONG PHILIP & KIM CRESCENTON WALDEN PROPERTY N EWCO M B TYLER & AN NA BLA N CCU G L R I A A SON IER ICI M BERLY N ICICLE CRESCENT ON WALDEN PROPERTY SHORT DUGLAST & 3'ELINDA SCHR EDER TH MAS HERE AN DUGAS OLIVIER B CRESCENT ON WALDEN PROPERTY TY CA LDWELL DAV I D & 0 LYA CRESCENT ON WALDEN PROPERTY BEAuMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Variance for Pool location Case #: PZ2024-87 Initiated On: 3/2112024 6-12:26PM Location: 3450 POND GIR, BEAUMONT, 77707 Individuals listed on the record: Applicant Thomas Schroeder 4630 Collier St Apt 518 Beaumont, TX 77706 Property Owner Home Phone: 4098965054 Work Phone: Cell Phone: 4098965054 E-Mail: cellino@me.com Thomas Schroeder Horne Phone. 4098965054 4630 Collier St Apt 518 Work Phone* Beaumont, TX 77706 Cell Phone: 4098965054 E-Mail-. cellino@me.com Legal Description THE CRESCENT ON WALDEN PHASE 1 LOT 5 SECTION III ROSEMARY Type of Variance: Variance That the granting of the variance will The property is located adjacent to a permanent common area. The not be contrary to the public interest planned pool will be secured inside a walled area and will thus cause any problems to public interest That literal enforcement of the The planned lap pool would require extremely expensive sheet piling ordinance will result in unnecessary between the house and the pool, which itself would require a hardship variance. The proposed solution would solve the problem. That by granting the variance, the The spirit of the ordinance will be observed as the proposed distance spirit of the ordipance will be observed is close to that of the ordinance. Substantial justice will he done, and substantial justice will be done because the ordinance tries to protect adjacent residences. The common area will never have a residence Notes. - Case Type- Planning and Zoning Page 1 of I Case 41: PZ2024-87 Printed On: 3125/2024 t-A C/) ----q W W C) CD IN :3 0 Cut Curb as fequired WEST SERVICE LOOP X 0 0 --J�J� �� /\ �� U \/ U \�/ LJ �1 I 1 -- — -,_—, T E X A S City of Beaumont Signature Sheet This form is to he included with your online submittal for the Boards, Commissions or Council to review the proposed case. Should you have any questions, please call the Planning Office at (409) 880-3100 and have the case number ready for reference. Applicant: Thomas Schroeder Printod Nnnnp Signature March 21, 2024 Date Current Property Owner: Thomas Schroeder Pfinted Name March 21, 2024 Signature Current Property Owner: Printed Name Agent: Signature Signature Printed Marne Date Date Date PLANNING & COMMUNITY DEVELOPMENT T 409-880-31CO 0 r 409.8BO.3110 PO Box .3 B2-7 I Bea u niont,TX 77704 beaumonttexas.gov RE: Residence for Thomas Schroeder 3450 Pond Circle Beaumont TX 77707 / The Crescent on Walden / Section 11f: Rosemary / Lot 5. 1, Thomas Scliroeder, ani constructing a home in The Crescent on Walden, a private neighborhood, in Beaumont. The house will be a striking exan-iple of modem architecture and surely be viewed by real-estate industry insiders. I woutd like to install a lap pool within the confines of the property. I ain aware of the 5' setback code requirement for pools in reference to the side yards. I am electing to engage the city and find a viable solution for his pool. Bob Sc war: Pool Company has been selected as the pool contractor and they will obtain all proper permits for Construction required by the city. The Crescent HOA and ACC (Architectural Control Corni-nittee) have approved the plans of the home and pool as follows: 0 Allowing the pool within 3'5-1/2" of the southern property line. (see Proposed Site Plan) o Survey attached 0 An S' tall masoiu-y fence/wall will conceal and enclose the pool area. o The foundation on the masonry wall be enhanced with deep under -reams on centers. a The property adjacent to the south of Lot 5, is common area (open space) of the neighborhood. (see documents enclosed) No neighboring home or occupant would be impacted in any manner in that the space is open lawn. 'We are requesting the city allow the pool to encroach I ' 6-1 2" within the side 5' setback in that there would be no negative inipacts to safety, engineering or neighboring homes. SURVEY LEGEND w UEC THIC thVE SURFACE swiWING Poo A.C. All? CaIDIV91ING UNIT :;--M"D FENCE CONCRE FE MIMED AREA 0TCH R P. POD POLE —11—CHAIN 11iff FRICE TEU-MCNE 11NE /?OCX M 6RA In LA W, swa-wmr -X—BARffV WREF&CE CLIEN T. KRIS17 D000 WEST SERVICE LOOP (60r PRIVATE R.O.W, PER PLAT) FOUND 314m N 03'02'10" W 40,33 1 r- FOUND .314" 1?EF?AR-\(a4LLWt100W'J1PE 40,32)1 RA' 7ELEW51W PEVE5FAL ELE07RIC PEDESTAL 7ELEPHOYE PEDESTAL W U77LJTY EASEMENT SEC T1\0NJ. R 0 S E\M A R Y Ft"N'9 'P -\ RXA4R ELECtRIC PEOESW ON ASSUMED COMMON AREA R=80,40' (CALLED R=80.00-) D=20w45'51" L=29.14' T= 14. 73 2 C=28. 989' CH=N 3354"04" W LOT 5 FOUND J/1f M REBAR FWND 314 HEW SCALE- I* = 30" Qct LOT 4 lid CA N07F. '-D SUBDA19M PLAT DOES. NOT PRO64DE BEARINGS AND PROPEI? CURVE INFORMA 770?J SUBDI W-VON PLAT DC�S NOT YEEF THE` A41MMUM SURMING RCOUMMENTS FOR THE SrAT`E OF MMS PUE TO WE LACK OF WFORMA770N PROWDEO OV THE PLAT, THIS SURVEY iS ONLY BASED CY; GROUND MEAWREMEMS 7HAr CANNOT BE COMPARED TO PLATTED INFORUA170M. 10"BUILDING SETBACK LINE N 03"1241" V1 .30-56' (CALLED N 00'23'58w F) FOUND J14- FOUNO -X- REBAR IN Comc R=80,40' (CALLED R=,060. 00 t% D=19'11'1" L=26.92" T= 13 59' C=26.79' CB=S 13,55'38 a' E 3450 POND CIRCLE 7711S SUR VEY WA S COMPLETED R1 WOU T A 717LE (40' f W1 VA 7E R.O. W., PER PLA T) COMPIMENT. EASDVENTS AND 07HER ENCUMBRAMES OF RECORD KME NOT RESEARCHED AS PART OF OUR SEWCE& EASEYEiTS ANO ENCUMBRMOES MAY EXIST ON 7HIS PROPERTY AND ARE NOT REF LECTFU ON THIS PLAT SUR VEYORS CER TIFICA TE: I do hereby certify to the best of my knowledge and belief that this is an accurate plat of a survey made on the ground, tinder my slipetvislon, showing the boundary on)y as of No VEMSER 14, 2018. Thy above tract being located at 3450 POND CIR CL E, BEA MON T, TEXAS 77707 The tract Ae ing described a s L 0 T N UA 1B ER F1 VE (5) IN SEC TIO N 11P R 0 S EMA R Y OF THE CR ESCENr ON WA L D EN., PHA S E f as, recorded d fn CL ER KS FILE N 0. 200 6 00 852 THE MAP R FC0 R DS OF JEFFER S 0 N CO UN TY,, TEXASS. in accordance witl i Flood Insurance Rate Map (FIRM) of the Federal Emergency Ma nagernent Agency, the subject tract is located in Flood Zone noted below. The loc,3fion of the property was determined by scale. Actual field elevation was not determined, unless requested FAUST Engineering and Surveying, Inc. does not warrant or subscribe to the a ccuracy of said' map. BEWI.IGS SHO 11?J HFRFOIARE REfER ENCED TO THE TEMS COMMA TE SYSTM OF IM.50UTH CEWRA L ZONE, AUD ARE BASED 011 77fE AM W % AMERICAN DA TUM OF 19,53, A Q.X"-1f)J r 2011. 2019 FA UST EM -reng and Sun v", Inc. A Y rights rLsened THIS SUR VEY 15 CER T.TfIED FOR THIS TRWI-IMC77011 &W Y AND IS NOT TRAIISFER4BLE TO HICHARD r. FAUST ADDaio.laL vwiiyaaw OR suB5EQvwrowums. 16E OF 7711S SURVEYFOR ANY OTHFR REGIS7FRED PROFESWONAL LAND SURVEYOR NO. 47B2 PURPOSE OR BY OTHER PAR J7F5 SHA L L BE A T THEIR 01,11H RISK AND T7 16 UNDERSNNE0 SURWYOR ENGINEERING FIRM REGISTRA77ON NO. 4800 is ix r REspotsj&-e TO 0 THER5 FOR AKY L OSS RESUL 771.'G THEREFRO)l SURVEWNG RRU RMSTRARON NO. 100024-00 I SUR VE OR ,S NO TES: I Date: NOVEMBER 14, 2018 Census Tract: 13-03 — FEW Flood one: X Community Panel NO.: 485457-0050 D Panel Oute: 8106102 Field Book No.: 18-8 Project No. 180438 ENGINEERING AND SURVEYING, INC. 2525 CN-DER STREET a 1EALMNT, TEXAS 777C62 W19) 013-3410 a FAX (409) 013-3484 File PZ2024-87: To consider a request for a Variance to the minimum setback requirements for a swimming pool in a residential zoning district. Applicant: Thomas Schroeder Location: 3450 Pond Circle 0 100 200 I I I Feet Ucn d Z'21 CAIT VTU,�D OF 1Z ML D jj M - (n pal ni up- E RV IC EaN . Y ti k:1 t. RI-" Id Is