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Home My WebLink AboutPZ2024-142DATE: June 6. 2024 TO: Board of Adjustment FROM: ElavnoLuckey Planner SUBJECT: To consider a request fora Variance to the maximum building height requirements for an accessory building in a residential zoning district. FILE: PI2024'142 Tate Floyd, onbehalf of Clay Dugas, is requesting a Variance tothe maximum building height allowance for anaccessory building for the property located at44ZOCalder Avenue. The property iszoned RS(Residential Single -Family Dwelling), which allows a maximum building height of2[Yfor accessory structures located up to two and a half feet from the property line. The applicant is seeking approval to increase the building height allowance to an accessory structure from 20' to 24. The accessory structure received a building permit however upon inspection it revealed the structure exceeded the permitted building height of an accessory structure. The project received a stop work order to await the outcome of this request as a successfu I Variance would berequired tocontinue the project otbuilt. The applicant shall have the burden ofproof to demonstrate that all three conditions necessary for approval have been met- N Thatthe grantingoftheVaMancewiUnotbecont ra ry to t he pu bl i c i nte rest, B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional phYslozi situation or hardship physical condition unique to the 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,": U\The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure asshown onthe most recent certified appraisal roll; Ui\Comp|iance would result in a|oss 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, (1v) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or hiThe city considers the structure tobeanonconforming structure. Asdistinguishedfnomahaubhiprelatingtoconvenienceorca. price, andtheha rdshipmuscnot resub C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 26 Responses in Favor . Responses in Opposition & LEGAL DESCRIPTION Being Tract 22^ Mat O25 H. Williams 3un/ey, Beaumont, Jefferson County,, Texas,, containing 2.0711 GENERAL INFORMATION/PUBLIC UTILITIES FLOOD HAZARD ZONE: SURROUNDING LAND USES: Tate Floyd Louis Clay Dugas 44ZOCalder Avenue RS(Residential Single Family) "2.0711acres Residential X—Area determined tobeoutside the 50O- yearflood plain NORTH: Residential RS (Residential Single Family) EAST: Residential RS SOUTH: Commercial GC -MD (General Commmercia|—Muhip|e Rsm|k) WEST: Residential RS COMPREHENSIVE PLAN: WATER: SANITARY SEWER SERVICE: Stable Area Calder Avenue —Secondan/Arteria| urban street with a 60' hght'of+wayand 3Z' pavement width. Thomas Road —Loca| Street with a OO' right-of-way and ZS`pavement width. Curb and gutter on Calder Avenue. Open ditch on Thomas Road. D" water line on Calder Avenue. PRO PEI TY OWNEF NOTICES SENT WITH IN 2001 FAZIO JOSEPH ES AM I LLA CRAIG A & LAU RA RICHARDS N LEON & DIANE DARLING WILLIAM C JR PEARCE ANTHONYBRIAN FIERCE W BR CS SHADE LAWRENCE TRUEHEART GRIFFIN CATHFRINE E ALLEN BARRY WESTON JR THACI ER BEI JAMIN C & LISA THOMPSON FAMILY PARTNERSHIP LTC HENSEN BEAU W & BRENNA A HICKS JHN PA L BARR ETAJENNIFERL FAL OUT T'YLER E I D ALAA COSTA SALVADORE ANTIMONY & IUAS LEUIS CLAY M RRIS 1 ILLIAM TERRY RATES JACQUELINE I 'ICNElLL HARRIS J CENT+N WESTBROOK CENTER LOUS GROCERY LLC LOU'S GROCERY LL RICHARDS ALANA D THPSN LEAN & LAUREE B EAU MC3 N T Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2024-142 Location: 4420 CALDER AVE, BEAUMONT, 77706 Individuals listed on Me record: Applicant Tate. Floyd 10383 HWY 12 STE. 116 ORANGE, TX 77632 Agent Tate Floyd 10383 HWY 12 STE. 116 ORANGE, TX 77632 Property Owner Louis Clay Dugas 4420 Calder Ave. Beaumont, TX 77706 Case Type- Planning and Zoning Case 4: PZ2024-142 Case Status: REVIEW Tag Name. height variance request Initiated On: 5/15/2024 12:38:12PM Home Phone. 4097453256 Work Phone: Cell Phone: 4097347957 E-Mail: OFFICE@BBMBTX.COM Home Phone: Work Phone: Cell Phone: E-Mail: OFFICE@BBMBTX.COM Home Phone: 409-813-1111 Work Phone: Cell Phone: E-Mail: dugas@claydugas.corn Page I of 2 Printed On: 5/16/2024 B EAV 1VIC3 N T Planning & Community Development 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: Variance yes We are applying for height variance on behalf of Clay and Shannon Dugas. The Dugas' intentions for the secondary structure on their property is for storage including larger vehicles, lawn equipment, and personal property which they currently do not have. yes The significant financial burden to amend the cave height by 3-7" to be in compliance with the City Ordinance would be estimated at $56,676.92 for the following items 1. $22,957.00- sectional doors designed for current cave height 2. $18,500.00- Labor to uninstall and reinstall, field fabrication 3. $2,750.00- additional month of rental of forklift and scissor lift 4. $12,469.92- new framing material to include: (8) main frame columns (2) wind bents, door jambs and headers, engineering, drafting, detailing and fabrication yes The Dugas' take pride in their property aesthetics and have chosen colors to blend with the surrounding greenery (forest green wall color) and trim colors in neutral earth tones to complement their home for a cohesive look; They also chose to have eave extensions with soffits fora residential look. Striving to be good neighbors they intend to perform regular maintenance and upkeep as they do with all current structures. Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2024-142 Printed On: 5/16/2024 Better Basfift 6`v'deta0 BufiNd@ngs 10383 Hwy 12, Ste. 116 Orange, TX 77662 Phone: 409-745-3256 Fax,* 409-745-1255 Offi-ce@bbmbtx.com_ May 15, 2024 Dear Planning and Community Development We are applying for height variance on behalf of Clay and Shannon Dugas. The Dugas' intentions for the secondary structure on their property is for storage including larger vehicles, lawn equipment, and personal property which they currently do not have. The significant financial burden to amend the eave height by T-7" to be in compliance with the City Ordinance would be estimated at $56,676.92 for the following items 1. $2,7.0- sectional doors designed for current eave height 2. $18,500.00- Labor to uninstall and reinstall, field fabrication 3. $2,70,- additional month of rental of forklift and scissor lift 4. $1,6.2-- new framing material to include: (8) main frame columns (2) wind bents, door jambs and headers, engineering, drafting, detailing and fabrication The Dugas' take pride in their property aesthetics and have chosen colors to blend with the surrounding greenery (forest green wall color) and trim colors in neutral earth tones to complement their home for a cohesive look; They also chose to have eave extensions with soffits for a residential look. Striving to be good neighbors they intend to perform regular maintenance and upkeep as they do with all current structures. Thank you Tate Floyd Owner Better Built Metal Buildings Der""how HDAMOK' MetW Bufldhga 10383 Hwy 12, Ste. 115. Orange, TX 77662 Phone: 409-745-3256 • Fax: 409-745-1255 Office@bbmbtx.com Contacts: Clay Dugas 409-813-1111 dugas@claydugas.com Better Built metal Buildings Tate Floyd Cell: 409-734-7957 Office: 409-745-3256 office@bbmbtx.com x m � 7 T— i rn (D 3 CD m .0up -8 File PZ2024-142: To consider a request for a Variance to the maximum building height requirements for an accessory building in a residential zoning district. Applicant: Tate Floyd Location: 4420 Calder Avenue O 10]