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Home My WebLink AboutPZ2024-175DATE: July 11,ZOZ4 TO: Board of Adjustment FROM: ElavnaLuckey Planner SUBJECT: Tmconsider erequest for eVariance tothe minimum front yard setback and pavement setback requirements in a residential zoning district. RLE: PZ2024'175 STAFFnFPonT Juan Escotoonbehalf ofEzequkm|Saovadna, is requesting aVariance tothe front yard setback and pavement setback requirements for the property located at3725Park Street. The property iszoned R- (Residential Single Family Dwelling) which requires a minimum front yard setback of 25". The applicant is seeking to reduce the m)nimumf roniyard setback f rom2S'to14"and the pavement setback f romZ'toO'toaHow for a previously constructed carport and driveway toremain. The applicant shall have the burden ofproof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not becontrary to the public interest; B\ That literal enforcement ofthe ordinance will result 1nunnecessary hardsNpbeoauseof 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, ThefoUovvin@maya|sobeconsideredvvhendetermining°unnecessaryhandicap°. (DThe cost of compliance with the zoning ordinance isgreater than fifty (50)percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (1)Compliance would result inaloss tothe lot onwhich the structure is located ofatleast 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. Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship mustnot result from the applicant's or property owner's own actions; C] That bygranting theVadance,thesp|ritoftheordinancevWUbeobservedandsubstantia|justice Exhlbitsare attached. PUBLIC NOTIFICATION Notices mailed to property owners 26 Responses inFavor . Responses inOpposition _____. LEGAL DESCRIPTION Being all oflot G,Block 55 Jeff ChabonSecond Addition,Beaumont, Jefferson County Texas,, containing 0.161 acres, more orless. GENERAL INFORMATIONRUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: Juan Escoto Ezequiel Saavedra 3735 Park Street R-S (Residential Single Family Dwelling District) —0.161 acres Residential X —Area determined to be outside the 500- year flood plain NORTH: Residential R-S (Residential Single -Family Dwelling) EAST: Residential R-S SO UTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: Conservation Revitalization Park Street — Major Arterial- Urban Street with a 60' right-of-way and 25' pavement width. Open ditch. 6" water line on Park Street. 6" sanitary sewer line, P RO P E RTY OW N E R NOTICES SENT WJTHIN 2001 WISE DONALD R ROMERO JOSEPH & ELI ABETH BEATTYJOHN HERVEY DELORES PEREZ RUFINA IHEATON NATASHA L RIVERAEZE UIELSAA1 EDRA B RACH ETT EZE K I E L WILLIAMS RBERT E ET UX ANDERSN SNJA RHEA AETT RAMND RA ETT RAYMOND RODRIUEZ MIUELINA BRADLEY SANTIFER RUBESIH WILLIE M ESTATE VETERANS LAND BOARD KYLES COSTELLA CASTILLO MAURICIO & DORA L SPURLOCK MARJORIE SPURLOCK MARJORIE E MANUEL HILDA ESTATE SPIKES SHELIA MARIE ET AL SPIKES SHELIA MARIE ET AL LACAZE FAM I LY TRUST LACAZE FAMILY TRUST PALM SPRINGS LADES PROPERTIES LLC B EAV IVlC3 N T Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Case #: PZ2024-175 Initiated On: 6/17/2024 11-36-34PM Location: 3735 PARK ST, BEAUMONT, 77705 Individuals listed on the record: Applicant JUAN ESCOTO Home Phone: 760 Randolph cir Work Phone: BMT, TX 77705 Cell Phone: 4094540019 E-Mail: juan.escoto@yahoo.coni Agent JUAN ESCOTO Home Phone: 760 Randolph cir Work Phone- BMT, TX 77705 Cell Phone: 4094540019 E-Mail- juan.esecto@yahoo.coni Property Owner Ezequiel Saavedra Home Phone: 3735 Park Street Work Phone: Beaumont, Tx 77705 Cell Phone: E-Mail- Legal Description JEF CHAISON 2N L6 B55 Type of Variance: Variance That the granting of the variance will No, the variance will go against any public interest. The couple not be contrary to the public interest decided to build a drive way due to the collecting water on the old gravel driveway. They also added a carport to access their vehicle without their children or themselves getting wet. Excitedly, they found a contractor who seemed experienced, but unfortunately they were not told a permit was necessary for the construction work. The fence was added as a form of privacy as in the past there had been shootings in the area. The house also needs windows which we are not being permitted to install. 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: No, enforcement of the ordinance will not result un any hardships Yes, by granting the variance the ordinance will be done Case Type: Planning and Zoning Page I of 1 Case #: PZ2024-175 P(inted On: 612012024 To whom it may concern, My name is Juan Escoto, The reason in my request is to support the home owner. The home owner was never informed that permits of any sorts were needed to build the drive way or the car port. It has been at least 5 months since the project was flnished. I truly believe the request should be accepted since the home owners had no Idea of the permits needed. Along with this I also believe the home owners should not have to pay for the acts not taken by the contractor. These are simply people who wanted to better their standard of living and their property. The collecting of water Is what causes them to build the drive way on the first place. They simply did not know that everything has to be done by permits The neighbors had nothing against the project, and did not see it as going against public interest. In my past 20 years of experience I have never gone against city rules. I always get my permlt. I also understand that some contractors don't do that which is not of Contractors like these eventually lead to cases like this one, From Escoto Tile & Remodeling If any questions or concerns arise phase feel free to contact me.. w -�. : T consider a request for a Varianceto the minimum front yard setback and �avement setback requirements, in a residential zoning district. � f i rat# Juan Escoto ocation: 3735 Park Street 10 I i 1 Feel Ligen J. 1 r =s i i�1 P e h t w IT � k I _ _ - h r Ir "on - --- -- �_- - .— f 1 4 A ,�F lj r �"` F - I L 'L _ � I F T 1 ..t jk - - — _ y M _ � ._ _ _y —ems de. aaa-.-��r-. -_ •�. — _ aP ! 4 A. AFL de r L