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Home My WebLink AboutPZ2024-131TO: Board of Adjustment FROM: Elayna Luckey, Planner I SUBJECT To consider a request for a Variance to the minimum side yard setback requirements in a residential zoning district. FILE: PZ2824-131 STAFF RFPORT LaquintaGreen isrequesting a Variance to the minimum side yard setback for the property located at 2830 San Antonio Street. The properLy is zoned RM-H (Residential Multiple-Farnily Dwelling — High Density) that requires a minimurn side yard setback of 5' for single story structures. The applicant is seeking to reduce the setback requirement from 5' to 2' to construct an addition at the rear of the existing struCtUre. The addition would beinline with the existing structure that sits along the southern property line. The applicant shall have the but -den 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 enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional physical situation or hardship physical condition unique tothe specific piece of property in question. "'Unnecessary handicap" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary handicap": (i)The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value ofthe structure as shown on the most recent certified appraisal roll; (ii)Compliance would resukinelosstothekotonwhichthestmctureblooate 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 tobe anonconforming structure. Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result from the applicant"s or property owner's own actions; [1 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 21 Responses in Favor . Responses in Opposition P LEGAL DESCRIPTION Being all of Lot 19 and all of Lot 20, Block 127 Cartwright Addition, Beaumont, Jefferson County, Texas, containing 0.1607 acres, more or less. PROPERTY DINNER NOTICES SENT WITHIN 200 1 JHNSN CLAUDIA M M R AN ALEXIA V JHNSN CLAUDIA I'll RAN ALEXIA TRANSLBAL PJRT ARTHUR CLARK CARRI E FERERSN VIRINIA ANI B R EAU X GERALDINE ETAL LEWIS LUTRICIAA BR USSARD RDRIUEZ NRB'ERT RJAS & I"ARIA DEL RSARI RICHARD SUZETTE HAYNES CHRISTOPHER C RDELL PHILLIPSTYRONE PH I LLI PS J ESS W J R ETAL GAMEZ GELACIO M LLETTE EDDIE MAE HARMON RASE MAE NATHAN LINDA VALLIER WARNER CHARLES JR B UDREAUX ANTHONY D & CRYSTAL FILMORE SANDRA 6EAVMC3N7 Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Variance to the side setback Case #: PZ2024-131 Initiated On: 5/312024 2:21:33PM Location: 2830 San Antonio Street Individuals listed on the record: Applicant Laquinta green Home Phone: 2830 SAN Antonio st Work Phone: Beaumont, tx 77701 Cell Phone: 4096596033 E-Mail: shellgreen03@gmall.com Agent Laquinta Greer Home Phone: 2245 Hardot st Work Phone: Beaumont, TX 77705 Cell Phone: 4096596033 E-Mail, Shellgreen03@gmall.com Property Owner Laquinta Green Home Phone: 2245 Harriot st Work Phone: Beaumont, TX 77705 Cell Phone: 4096596033 E-Mail* Sheilgreen03@gmaii.com Legal Description CARTWRIGHT 2 Ll 9 L20 13127 Type of Variance: Variance That the granting of the variance will The granting of the variance will only impact a private interest, and not be contrary to the public interest not a public interest, with regards to an encroachment of two feet. It will not create a prescriptive easement whereby an egress and/or ingress would present a public inconvenience or dangerous condition. That literal enforcement of the Not withstanding the fact the building is in violation of the city ordinance will result in unnecessary ordinance, I do believe that the enforcement of the said ordinance hardship would put me financial bankruptcy. At this juncture, I have no other alternative but to lean on the city ard hopefully be the recipient of an exemption. That by granting the variance, the Going forward, whether denied or granted a variance, I shall continue spirit of the ordinance will be observed to uphold the spirit of the ordinance because it was written to protect and substantial justice will be done the integrity of the city's goals and objectives. Notes: Case Type: Planning and Zoning Page 1 of I Case #: PZ2024-131 Printed On: 5/16/2024 City Planners & Committee of Adjustment Members, I'm writing as a resident of 2830 Sari antonio street rn the beaurnont area neighborhood The request to exceed the permitted building (eogth is, in my view, excessive, unpleasant, ond grotesque. / do not believe any houses on the block are anywhere will have a comploint on the size of the house the -house been built in over 20years. Aesthetically, the propoi-tions of the structure WOUld be unsightly. It is one of the skinnier lots on the street, and having such a long depth, with o narrow Width would be far from the 'golden ratio' that architects for thousands of years have found to instill beauty in our surroundings. !wife like for the city grant me a approval because the space will not of my fellow residents. Thnnk you for considering n-)y objections in your ruling, Eric green Laquinta green P.S. please send me a copy of the Decision to the above address. CA tGk pj cwxi .00 3f1N9AV 3WIVIld (mv* I I-W) 0 �W)"j mi K-j ------ ------ ------ gff to —V cz ----------- — - — - — - ------ C.1 ' 890 2 W Woe Opp C3 Z0,014 BAZ.8,669N ONJ W3 z -iaZiF XT s tG Os P— yiyh� oz 101 6 z I ra 0 ------------- — L La P2 C3 C%4 1j Cc] N -a N CIL m X- ILL Eel i 1 101 61 101 �z LL. A— 10 8 .0 TO I M.oz. IV669 s a N A twol Tm) Ck c; 113 m Z: Rh mco E 4D W3 4D lag- dn w 'L vi - HR w L u L 0 U2 La i-9 I m La cc 3q j;4D W u 16, z 0 Li Of O E1=-jC3 2 E4, W.1 z6 0 a glb La n-]Dm CL El V8 1 9 rs -R Ilk � all A ov-1 File PZ2024-131: To consider a request for a Variance to the minimum side yard ;etback requirements in a residential zoning district. Applicant: Laquinta Green Location: 2830 San Antonio Street -vto" I f- �