HomeMy WebLinkAboutPZ2024-132DATE: June 6, 2024
TO: Board of Adjustment
FROM: E|eyna Luckey Planner
SUBJECT: To consider a requestfor aVariance tothe rear yard setback requirements \naresidential
zoning district.
FILE: PZ2024-132
Rolando Carbaja|brequesting aVariance tothe rear yard setback requirements for the property located at
4175Ironton Avenue. The property is zoned R-S(Residential Single -Family DwcUim),which requires a
minimum rear yard setback ofZ5'.The applicant isseeking toreduce the minimum requirement from ZS/to
5' to accommodate the construction of an addition, completed without the benefit of an approved building
permit.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval
have been met:
A) ThattheQmndng of t h e Va ria nce wiUnot be cont ra ry tothepubl icinte rest;
EU 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 handiman~ shall mean physical hardship relating tothe property itself.
The following may also be considered when determining "unnecessary handicap"-
(i)The cost of compliance with the zoning ordinance is greater than f Ifty (50) percent of the
appraised value of the structure as shown on the most recent certified appraisal roll,
(U)Compliance would result )naloss tothe 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 nesubinthestmcturemotincompliancewhharequirementofamother
city ordinancel building code, or other requirement;
(iv) Compliance would result inthe unreasonable encroachment onanadjacent property or
easement; or
() The city considers the structure tobeanonconforming 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 bvgranting the Variance, the spirit of the ordinance will be observed and substantial justice
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 22 -
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being all of Lot 24 and the Southern half ofLot 25, Block 204 Glenwood Addition, Beaumont, Jefferson
GENERAL INFORMATION/PUBLIC UTILITIES
PROPERTY OWNER:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
Rokando[arbaja|
Rolando Carb 'a|
417SirontonAvenue
IRS (Residential Single Family)
~0.241acres
Residential
X—Area determined tobeoutside the 5OO'
yearfloodplein
NORTH: Residential RS(Residential Single Family)
EAST: Vacant IRS
SOUTH: Residential IRS
WEST: Residential RS
COMPREHENSIVE PLAN: Conservation Revitalization
STR]E]S4 IrDnton Avenue —Locel Street with a 56' right-of-way
and Z5'pavement width.
Buchanan Street — Local Street with a6O'hght+of+way
and 2S`pavement width.
DRAINAGE: open ditch.
WATER: 6°water line on Ironton Avenue.
SAN1TARYSEVVE.R SERVICE: O"sanitary sewer line onBuchanan St.
PROPERTY OWNER NOTICES SENT WITHIN 200 '
PROMISE DRAMA
EXNICIOUS LOUIS EDWARD
SMITH ROBERT & CLAUDETTE (CD)
HUFF ROBERT L & LOIS ANiV
CROSSLAND REBECCA JEAN
ERWIN WALLACE
JENKINSJERRY
CEASAR ERNEST & VALARIE
CASTRO AGl1STIN C
IHS 2 LLC
CABRERA BLANCA ARACELI PADRON
EDWARDS WALTER W & AGNES R
THOMAS KEVIfV SR & NICOL
THOMAS NICOL
MCCRAY LEE V
FRANK TOM MY J
SHIRL.EY JIMMY L &HAZEL RUTH
PARKS JIMMIE D & THEORA D
CARBAJAL ROLANDO
GONZALEZ ROLANDO CARBAJAL
EDWARDS WALTER WADE ET UX
HAYGOOD SHEILA
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning
Case Sub Type: Variance
Case #: PZ2024-132
Location: 4175 IRONTON AVE, BEAUMONT, 77703
Individuals listed on the record:
Applicant
Rolando Carbajal
4175 Ironton
Beaumont, TX 77703
Agent
N/A
Missing Address, City, State, or Zip Code in People
Property Owner
Rolando Garbajal
4175 Ironton
Beaumont, TX 77703
Legal Description
Type of Variance:
That the granting of the variance will
not be contrary to the public interest
That literal enforcernent 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 Status: REVIEW
Tag Name: Back porch add on
Initiated On: 5/3/2024 10:32:16AM
Home Phone:
Work Phone:
Cell Phone: 409 4548097
E-Mail: yulic29l@gmail.com
Home Phone:
Work Phone:
Cell Phone:
E-Mail:
Home Phone:
Work Phone:
Cell Phone: 409 4548097
E-Mail: yulic291@gmail.com
GLENWOOD L24 S1/2 L25 B 204
Variance
The granting of the variance will not affect in any ways our
surrounding neighbors.
If the ordinance is enforced, it will be big financial loss to my family.
If the variance is granted, we will follow all requirements given to us.
Case Type: Planning and Zoning Page 1 of I
Case #- PZ2024-132 Printed On- 5/612024
May 3, 2024
To whom it may concern:
My home is located at4175 Ironton Avenue Beaumont, Texas 77703
A porch/patio has been started and we were unaware that a permit was
required.
Also, was not aware of the distance having to be left at the edge of our property,
because it was the same distance as my garage.
The reason for building is that summer coming and want to spend more time
outside with my Children and Friends to make lots of memories.
If we knew a permit was required we would have purchased a home owners
thru the City of Beaumont before we started the process.
We have not finished the porch because we are wanting to add other things to it
ex: gutters and etc.
Whatever we are needing to do please let me know
Thank You In Advance
The Carbajal Family
File I o 4-1. To consider a request for a Variance to the minimum rear yard setback
requirements in a residential zoning district.
Applicant: Rolando Carbajal
Location: 417,E Ironton avenue
10
Feet
Legend
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