HomeMy WebLinkAboutAugust 2024 BOA Packet*AGE °J D A*
BOARD OF ADJUSTMENT
August l, 2024
City Council Chambers, City Hall
8O1Main Street, Beaumont, Texas
Public Hearing
S:O0 p.nn.
The meeting will also bebroadcasted onthe Cim/sYouTubechanne[
https://www.voutube.com/shannel/UCnY6nNk8zfXZuIM bwE Bg
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APPROVAL OF MINUTES
Approval ofthe minutes ofthe meeting held July l]LZOZ4.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1\File :Toconsider arequest for aVariance tothe minimum rear yard setback
requirements in acommercial zoning district.
Applicant: Han|Tohrne
Location� 33IUConcord Road
7i Toconsider arequest for aVariance tothe minimum side yard setback
requirements in a residential zoning district.
Applicant: ]ohnLirnbrick
Location: 268ODauphine Place
�A Toconsider arequest for aVariance tothe minimum front yard setback
requirements in a residential zoning district.
Applicant: Randle Dry
Location: 580Parson Drive
OTHER BUSINESS
Persons with disabilities who plan tojoin this meeting and who may need auxiliary aids or
services are requested to contact Ka|trina K4|n\ckat4O9'8OQ'3777.
BOARD OF ADJUSTMENT
July 11, 2024
Council Chambej.-s, City Hall, 801 Main Street, Beaumont, Texas
A meeting of the Board of Adjustment. was held on July 11, 2024 and called to order at 3-13 p.m.
with the following members present:
Acting Chairman Jeff Beaver
Board Member Toni Rowe
Board Member Rogers Sorrell Jr.
Alternate Board Member Chris Jones
Board Members absent: Chairman Dana Timaeus
Board Member Joey Hilliard
Alternate Board Member Steve Lucas
Also present: Elayna Luckey, Plaimer I
Chase Engman, Assistant City Attorney
Susan Smith, Recording Secretary
APPROVAL OF MINUTES
Alternate Board Member Jones moved to approve the minutes of the June 6, 2024 meeting. Board
Member Sorrell seconded the motion. 'I"he motion to approve the minutes carried 4:0.
SWEARING IN OF WITNESSES
Acting Chairman Beaver explained the voting process when a quorum of four (4) members are
present.
All witnesses were sworn in at 3:16 p.m.
PUBLIC HEARING,
1) File PZ2024-149:
Applicant:
Location:
"I'o consider a request for a Variance to the minimum front yard
setback requirements in a residential zoning district.
Kent Hollier
3985 Broadinoor Drive
. BOARD OF ADJUSTMENT
hily 11, 2024
Mrs. Luckey presented a summarization of the requested action and the Board accepted the written
staff report as being admitted in the record of the Board.
Kent Hollier is requesting a Variance to the minimum front yard setback for the property located
at 3985 Broadmoor Street. The property is zoned R-S (Residential Single -Family Dwelling) that
requires a minimum front yard setback of 25'. The applicant is seeking to reduce the setback
requirement from 25' to 14' to CODSti'UCt a Ullj)Ort.
Twenty-eight (28) notices were mailed to property owners within two hundred (200) feet of the
subject property. One (1) response was received in favor and zero (0) were received in opposition.
Mrs. Luckey read the one (1) response in favor of the request.
Slides of the subJect property and site plan were shown.
The applicant was present. Kent Hollier of All Wright Construction, 6650 Highway 69 S,
Bcaumont, Texas addressed the Board. He stated that carports located on neighboring properties
are placed closer to the curb than the one being requested. Mr. Hollier also stated that the single
carport will be constructed of metal.
Brief discussion followed concerning specifics of the proposed carport.
Alternate Board Member Jones moved to approve a request for a Variance to the minimum front
yard setback requirements to be reduced from 25" to 14' to allow for the construction of a carport
for property located at 3985 Broadmoor Drive,, as requested in File PZ2024-149.
Board Member Sorrell seconded the motion. A roll call vote was taken. Acting Chairman Beaver -
Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye; Alternate Board Member Jones -
Aye. The motion to approve the request carried 4:0.
2)
File PZ2024-152:
Applicant:
Location:
To consider a request for a Variance to the landscaping irrigation
requirenicrits in an industrial zoning district
Keene Wilson
1795 Interstate 10 East
Mrs. Luckey presented a summarization of the requested action and the Board accepted the written
staff report as being admitted in the record of the Board.
Keenc Wilson is requesting a Variance to the landscaping and irrigation requirements for the new
fifteen thousand ( 15, 0 0 0) square fo o t industrial development proposed on property located at 17 9 5
Interstate 10 East. Developments larger than fluve thousand (3,000) square feet, require an
automatic irrigation system to provide complete coverage of required screening landscaped areas.
In order to meet minimal landscaping requirements, the applicant is seeking to install black lava
rock and blue agave cacti in place of traditional sod and bushes as required within our adopted
2
BOARD OF ADJUSTMENT
hily 11, 2024
Landscaping and screening ordinance. The irrigation system would not be receded to maintain the
lava rock and cacti, thereforc the applicant is seeking to omit the irrigation requirement within the
ordinance as well.
Seventeen (17) notices were mailed to property owners within two hundred (200) feet of the
subject property. Twelve (12) responses, with no coninients, were received in favor and zero (0)
were received in opposition.
Slidcs of the subject property and site plan were shown.
Brief discussion followed concerning specifics of the request.
The applicant was present. Keene Wilson of H.B. Neild Construction, 8595 Industrial Parkway,
Beaumont, Texas addressed the Board. He stated that the landscaping will be placed 50-60' from
the roadway and the property owner requested that. the plants be something rustic and hardy
requiring low n-iaintenance in order to withstand the elements. Mr. Wilson ftirther stated that
installation of an irrigation system would require excavation of the parking lot due to the location
of the water tap on the South side of the building. He further stated that black lava rock will be
placed in the concrete curbed landscaping area.
Board Member Rowe moved to approve a request for a Variance to the landscaping irrigation
requirements in an industrial zoning district for property located at 1795 Industrial Parkway, as
requested in File PZ2024-152.
Board Member Sorrell seconded the motion. A roll call vote was taken. Acting Chairman Beaver -
Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye; Altcrnate Board Member Jones -
Aye. rl"he motion to approve the request carried 4:0.
3)
File PZ2024-175:
Applicant:
Location,
To consider a request for a Variance to the minimum front yard
setback and pavement requirements in a residential zoning
district
Juan Escoto
3735 Park Street
Mrs. Luckey presented a summarization of the requested action and the Board accepted the written
staff report as being admitted into the record of the Board.
Juan Escoto on behalf of Ezequiel Saavadra, is requesting a Variance to the front yard setback and
pavement setback rcquirements for the property located at 3735 Park Street. The property is zoned
R-S (Residential Single Family Dwelling) which requires a minimum front yard setback of 25'.
1"he applicant is seeking to reduce the minimum front yard setback from 25' to 14' and the
pavement setback from 2" to 0" to allow for a previously constructed carport and driveway to
remain.
C
4
BOARD OF AD] USTM ENT
hily 11, 2024
'I"Wenty-six (26) notices were mailed to property owners within two hundred (too) feet of the
subject property. Zero (0) responses were received in favor and zero (0) were received in
opposition.
Slides of the subject property and site plan werc shown.
Brief discussion followed concerning specifies of the request.
The applicant was present. Juan Escoto of Escoto Tile and Remodeling, 760 Randolph Circle,
Beaumont, 11'exas addressed the Board. He stated that the homeowner constructed the carport and
driveway approximately nine Months ago. Mr. Escoto ffirther stated that after the project was
complete, the homeowner hired him to rectify the peen-iitting issue.
Further discussion followed concerning placement of the carport and driveway, the location of the
water meter in proximity to the driveway should ftiture water line repairs become necessary, and
location of the existing sidewalk.
Upon further review of the survey, it was determined that the minimum front yard setback
requirements recommendation should be reduced from 25' to 0'.
Board Member Rowe moved to approve an amended request for a Variance to the rninimum front
yard setback requirements to be reduced from 25 " to 0' and to reduce the pavement setback
requirements to be reduced from 2' to 0' to allow for a previously constructed carport and driveway
to remain for property located at 3735 Park Street, as requested in File PZ2024-175.
Alternate Board Member- Jones seconded the motion. A roll call vote was taken. Acting Chairman
Beaver -Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye; Alternate Board Member -
Jones -Aye. The naotion to approve the request carried 4:0.
4)
File PZ2024-179:
Applicant:
Locafton*.
To consider a request. for a Variance to the minimum rear yard
setback requirements in a commercial zoning district
I Iani "I'ohme
3310 Concord Road
Mrs. Luckey presented a summarization of the requested action and the Board accepted the written
staff report as being admitted into the record of the Board.
Hani Tot le on behalf of Arif Ali., is requesting a Variance to the minimum rear yard setback
requirements for the property located at 3310 Concord Road. The property is zoned GC -MD
(General Commercial — Multiple -Family Dwelling) which requires a minimum rear yard setback
of 15'. The applicant is seeking to reduce the mininium. rear yard setback from 15' to 5' in order
to construct a new convenience store while operations continue in the existing store. Once the new
store is completed the existing building will be demolished.
M
-4
NT
BOARD OF ADJUSTME
J11137 11, 2024
Ten (10) notices were mailed to property owners within two hundred (200) feet of the subj eet
property. Zero (0) responses were received in favor and zero (0) were received in opposition.
Slides of the subject property and site plan were shown.
Brief discussion followed concerning zoning of the surrounding properties, placement of HVAC
equipment and dumpster within the rear yard setback, along with other specifies of the request.
The applicant was not present.
Alternate Board Member Jones, due to the applicant's absence, moved to table to the next meeting
a request for a Variance to the minimum rear yard setback to be reduced from 15' to 5' to allow
for the construction of a new convenience store while operations continue iii the existing store for
property located at 3 3 10 Concord Road, as requested in File PZ2024-179.
Board Mcmber Sorrell seconded the inotion. A roll call vote was taken. Acting Chairman Beaver -
Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye; Alternate Board Member Jones -
Aye. The motion to table the request carried 4:0.
5)
File PZ2024-1 8 1:
Applicant:
Location:
To consider a rcqucst for a Variance to the minimum side yard
setback requirements in a residential zoning district
John Limbrick
2680 Dauphine Place
Mrs. Luckey presented a summarization of the requested action and the Board accepted the written
staff report as being admitted into the record of the Board.
John Limbrick is requesting a Variance to the side yard setback requirements for the property
located at 2680 Dauphine Place. The property is zoned R-S (Residential Single Family) which
requires a mininium interior side yard setback of 5'. The applicant is seeking to reduce the
minimum side yard setback from 5' to 0' to construct. an open-air carport in line with his existing
brick fence.
Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subj ect
property. Zero (0) responses were received in favor and one (1) was received in opposition. Mrs.
Luckey read the one (1) letter in opposition to the request.
Slides of the suject property and site plan were shown.
Brief discussion followed concerning placement of the proposed supporting carport post and the
eaves overhanging onto neighboring property.
5
BOARD OF ADJUSTMENT
July 11, 2024
A representative of the applicant was present. Betty Bra le, 4017 Pradice Street, Beaumont, Texas
addressed the Board. She stated that she is the mother of the applicant and wishes to table the
request to the next meeting iii order to allow the applicant to be present.
Board Member we moved to table to the next meeting a request for a Variance to the minimum
side yard setback rcquirements to be reduced from 5' to 0' to allow for the constrLiction of an open-
air carport in line with the existing brick fence for property located at 2680 Dauphine Place, as
reqnested in File PZ2 024 -18 1.
Board Member Sorrell seconded the motion. A roll call vote was taken. Acting Chairman Beaver -
Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye; Alternate Board Member Jones -
Aye. The motion to table the request carried 4:0.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:55
I.M.
6
DATE: August 1, 2024
TO: Board of Adjustment
FROM: Elayna Luckey, Planner I
SUBJECT: ToconsiderarequestforaVadaoceiotheminimumrearyardsetback nequiremcntsina
commercial zoning district.
FILE: PZ2024-179
STAFFREPORT
This item was tabled at the July 11, 2024 meeting of the Board due to the absence of the property owner and
Hani Tohme on behalf of Arif Ali, is requesting a Variance to the minimurn rear yard setback requirements for
the property located at83lOConcord Road. The property bzoned GC -MD (General Commercial —Multi-
Family Dwe|Undvvhichrequ1esam\nimumrearyondsetbackof1S/.TheappUcant|yseeNnQtoreduceihe
minimum rear yard setback from 15-to 5" in order to construct a new convenience store while operations
continue in the existing store. Once the new store is completed the existing building will be demolished.
The applicant shall have the burden 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;
8) That literal enforcement ofthe ordinance will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional
physical 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 hand1cao":
NThe cost of compliance with the zoning ordinance is greater than fifty (50) percent of the
appraised value ofthe structure asshown onthe most recent cerUfiedappraisal roll;
(ii) Compliance would result in a loss 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 result in the structure not in compliance with a requirement of another
city ordinance, building code., or other requirement;
(k)Compliance would result inthe unreasonable encroachment onan adjacent property or
easement; or
() The city considers the structure tobeanonconforming structure.
Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result
Q 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 10 .
Responses in Favor, . - Responses in Opposition a
LEGAL DESCRIPTION
Being Tract 21A, Plat D-6, A. Williams Survey, Beaumont, Jefferson County,, Texas, containing 0.3749 acres,
more or less.
GENERAL INFORMATION PUBLIC UTILITIES
APPLICANT:
Hani Tohme
PROPERTY OWNER:
NEW BrGINNING HORIZONS CORPORATION LLC
LOCATION:
3310 Concord
EXISTING ZONING:
GC -MD (General Commercial — Multi -Family Dwelling)
PROPERTY SIZE:
e-0.3749 acres
EXISTING LAND USES:
Commercial
FLOOD HAZARD ZONE:
X — Area determined to be outside the 500-
year flood plain
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Commercial
GC -MD (General Commercial Multi -Family Dwelling)
EAST: Vacant
GC -MD
SOUTH: Commercial
GC-M D
WEST: Commercial
GC -MD
COMPREHENSIVE PLAN:
Conservation Revitalization
STREETS:
Concord Read_— Secondary Arterial -Urban Street with
an 80' right-of-way and 45' pavement width.
Pope Street — Lea I Street with a 65" right-of-way and a
23' pavement width.
DRAINAGE:
Curb and Gutter.
WATER'
8 "water line on Concord Road.
SANITARY SEWER SERVICE:
18hr sanitary sewer line on Concord Road.
PROPERTY OWNER NOTICES SENT WITHIN 2001
PIP MASTER FUNDING I] LLC
POWER INC
NEW BEGINNING HORIZONS CORPORATION LLC
GRADO CHARLES
GODCH ANGEL
HERNANDEz MARIO ALVAREZ &
BATHLA ENDEAVORS LLC
JOfINSON KOURTNEY
AI.VEREZ MARIO & MANUELA ZAMORA (CD)
HUNG MAR4A
BEAVMONT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Variance Tag Name: Gas Station
Case #: PZ2024-179 Initiated On: 6/19/2024 4:19:41 PM
Location: 3310 CONCORD RD, BEAUMONT, 77703
Individuals listed on the record:
Applicant
Han! Tohme
85 Interstate Frontage Rd. Suite 204A
Beaumont, TX 77707
Property Owner
Arif Ali
Missing Address, City, State, or Zip Code in People
Home Phone:
Work Phone:
Cell Phone: 409-782-9520
E-Dail: tohrnehani@yahoo.corn
Home Phone:
Work Phone:
Cell Phone:
E-Mail:
Legal Description PLAT D-6 TR 21 A A WILLIAMS .3749AC
Type of Variance:
That the granting of the variance will
The existing site is a convenience store and gas station. The
not be contrary to the public interest
proposed project will be a new store to serve the public. The new
proposed building will have a modern look with architectural design
that will be aesthetically pleasing. In addition, the proposed building
will provide better ingress and egress area. Since the property is
located in the General Commercial -Multifamily Dwelling area the
requested set back will not have any negative impact on adjacent
properties.
That literal enforcement of the
Expansion would not be feasible. The main objective of this project is
ordinance will result in unnecessary
to provide a larger building to serve the needs of the customers based
hardship
on the owner's experience in managing the existing store at this
location. This increase in building footprint can not be achieved with
the required rear set back. In addition, the proposed building can only
he placed to the rear of the property due to the existing gas canopy
and appurtenances. The proposed structure will replace the existing
older building and additional parking will be required. The proposed
new building would only meet ordinance requirements with sidewalk,
parking and handicap access with requested set back. This will not
be economically feasible to the owner if the requested set back is not
approved.
That by granting the variance, the
The setbacks listed in the ordinance are specific, for front, rear, left,
spirit of the ordinance will be observed
and right. For this setback request (from the rear of the property) can
and substantial justice will be done
be 5 feet while abiding by the spirit of the ordinance. This is justified
because the rear of the lot is along the left side of the adjacent lot
which is allowed to be 5 ft setback as per the ordinance,
Notesk
Case Type: Planning and Zoning Page 1 of 1
Case#: PZ2024-179 Printed On: 6124/2024
To: City of Beaumont
Planning Division Beaurriont
Board of Adjustments
Re: Request for Variance or Special Request
3310 Concord
Beaumont, TX 77703
We are requesting a variance of the setback requirements for the location at 3310 Concord, Beaumont,
Tx due to the needed space to construct the proposed project. In addition, the property to the rear is
zoned commercial.
Sincerely,
,qai F �L�
---*-PROPERTY LINE --
Lp K9>.
POPE T.
Q. Li Ll Wp W Li
Ll
Z
Q 0
ay ei
?;
GAS STATION
441
Ili 3310 CONCORD RD, BEAUMONT, TX 77703
'Z X: 0 W!m
0 ;y P I aq
0
z
7=M
P -1 : T consider a reue t for a Variance t he inimugear yard setback
requirements in a commercial zoning district.
Applicant: HaniTohme
Location: 3310 ConcordRoad
LitY, a
.lid R,
0 100
Feet
•{ i. ..MD. _
DATE: August 2,2O24
TO: Board ofAdjustment
SUBJECT To consider a request for a Variance to the minimum side yard setback requirements in a
residential zoning district.
FILE: PZ2024-181
STAFFREPORT
This item was tabled at the July 11,2024 meeting of the Board, at the request of the applicant's
JohnLimbrick isrequest|ng aVudancetotheside yaodset backrequ|rement for thepropertylocated a12-6OO
Dauphine Place. The property is zoned R-S (Residential Single Family) which requires a minimum interior side
yard setback ofS' The applicant is seeking toreduce the minimum side yard setback from 5'tnO/to
construct anopen-air carport inline with his existing brick fence.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval
have been met:
AJ That the granting ofthe Variance will not becontrary Lothe public interes�
8) That literal enforcemooioftheordnanoevWUresult
�uinuonecessaryhordsh\pbeceuseof
exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional
physical 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 ofcompliance with the zoning ordinance is greater than fifty i5O\percent ofthe
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 which the structure is located of at least
twenty-five (2-5) 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;
(kv)Compliance would result lnthe unreasonable encroachment onan 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
C) That bygraNdngdeVariance, the spirit of the ordinance will boobserved and substantial justice
will be done.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 1 19
Responses in Favor . Responses in Opposition -..
LEGAL DESCRIPTION
Being all ofLot l and the western 45' ofLot Z, Block D,Virginia Estates, Beaumont, Jefferson Couniy,
GENERAL INFORMATIONJRVP_L�T�L�TIES
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE,
EXISTING LAND USES'.
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
John Limbrick
John Lim brick
2680 Dauphine Place
R-S (Residential Single Farnily Dwelling District)
"0.289 acres
Residential
X —Area determined to be outside the 500-
year flood plain
SURROUNDING ZONING:
NORTH:
Residential
R-S (Residential Single -Family Dwelling)
EAST:
Residential
R-S
SOUTH:
Residential
R-S
WEST:
Vacant
R-S
COMPREHENSIVE PLAN,
STREETS:
D RAI NAG E:
WATER:
SANITARY SEWER SERVICE:
Stable Area
Dauphine Place — Local Street with a 50' right-of-way
and 25' pavement width.
Mercantile Street — Local Street with a 60' right-of-way
and 25' pavement width.
Curb and gutter.
6 water line.
8 sanitary sewer line.
PROPERTY OWNER NOTICES SENTWITHIN 2001
AMBRES HELEN
DOYLE JACQUELYN MARIE
COOK RBERT A JR
LABRIE PAULA
GAGE I ABELLA EUNICE
L CKETT ASHLYN
MIRE ETHEL
LIMBRICK JOHN E & CYi THIA
AB BAG E TH MAS
LIMBRICK JOH ! E & CYNTHIA M
ALNE LIfTN JR &
RDERS ERED R
17 W MAIN HOUSTON LLC
CHARLE'VERNICA
CHACHERE LEE
LE LONG VU
THACHERESONYA
COWARD ADAM SR
GOOD HOPE BAPTIST CHURCH
BEAV
NIE3 NT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Variance Tag Name: 30 inch variance
Case #: PZ2024-181 Initiated On: 6/21/2024 10:01-33AM
Location: 26B0 DAUPHINE PL, BEAUMONT, 77705
Individuals listed on the record:
Applicant
John I-mbrick Home Phone: 409-842-8009
2680 Dauphin PI Work Phone:
Beaumont, TX 77705 Cell Phone: 409-284-2820
E-Mail: limbrick_john@yahoo.com
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 he done
Notes:
Case Type: Planning and Zoning
Case 41: PZ2024-181
Carport
Variance
Granting of variance will not be contrary to the public interest, will
have positive beautification to property values
Enforcement of variance would off set the brick columns that were
built when house conStrUCtiOn was preformed. Variance will allow for
all columns to align properly.
Granting variance will gain property value to be a beautification to the
over all neighborhood increasing value for all
Page I of I
Printed On' 6/2412024
Variance Letter
JohnUmbhck
2G8ODauphine P|
BeaumonL Texas777O5
409-284-2-820
To- Board of Adjustment
Reasons:
1.\ \ have a brick fence with brick brick column. | need my carport column to match up or line up
to my fence.
Z.\ | will beimproving myneighborhood.
3.) \ will have gutters.
4.\ This adjustment wili enhance the property beautification and it will increase the value of the
real estate.
I need a 30-inch variance toward my property line to maintain alignment and I need 0 inches to my
property line. I have an easement between my property and my neighbor, and we maintain property
upkeep.
Respectfully,
John Limbrick
PL,0T Pi -AN
&CALE; 1/20 11 = 1 1,011
2(oaC DAUPPINF- PLACE
LOT 142 BLOCK D
vifRGINIA ESTATES
51=-AUMONT, TX
UTILITY E5MNT
FENCE
FXISTING
�201�S IS/3211
Hou5E
15,
FENCE
15LIG I , NF-W -1
&ETeACK CARPORT
21 C4
25
5ETK t M sPONCRETE
DAUP I N F. P LGF
1201-ci
P- +4-1 1,i To consider a request for a Variance to the minimum side yard setback
requirements in a r "dential zoning district,
pplI rat; John Limbdick
Location: 2680 Dauphine Place
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DATE: August ],2-O24
TO: Board ofAdjustment
FROM: ElavnaLuckey Planner
SUBJECT: To consider a request for a Variance to the minimum front yard setback requirements in a
residential zoning district.
FILE: PZ2024-186
STAFF REPORT
RandkyDry isreques1ng aVadanceiuthe minlmumfnontyandsetbackfor ihepro pedylocated atSOO
Parson Drive. The property is zoned R-S (Residential Single -Family Dwelling) that requires a nninimurn front
yard setback of 25'. A covered porch was constructed in 2-022 without the benefit o ' f an approved building
permit. The property owner is now seeking a permit post construction, which revealed the cover does not
meet the minimum front setback requirements. The property owner is seeking to reduce the setback
requirement from 2S'to23'toallow for the covered porch toremain.
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 reSUR 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. "Unnecessary handicap" shall mean physical hardship relating to the property itself.
The following may also be considered when determining "unnecessary handicap,":
(UThe cost of compliance with the zoning ordinance is greater than fifty (50)percent of the
appraised value of the structure asshown on the most recent certified appraisal roll;
(N{ompliance would result |naloss to the lot on which the structure islocated of at least
CZS percent ofthe area onwhich 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;
(iv) Compliance would result inthe unreasonable encroachment onanadjacent property or
easemenoor
(v) The city considers the structure to beanonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship must not result
frorn the applicant's or property owner's own actions;
C) That bygranting the Variance, the spirit ofthe ordinance will be observed and substantial justice
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to propefty owners 33
Responses in Favor . Responses in Opposition P
LEGAL DESCRIPTION
Being all of lot 13, Block 3, RoLhvveU Estates Addition, Beaumont., Jefferson County Texas containing
0.1738acres, moreor\ess-
GENERAL INFORMATION/PUBLIC UTILITIES
PROPERTY OWNER:
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
WATER -
SANITARY SEWER SERVICE:
Randle Dry
Randle Dry
S0]Parson Drive
R'S (Residential Single -Family OmxeU1nQ)
~0.2738acres
Residential
X—Areadetenninedbobeouis\detheSOO'
yearflood plain
R'S(Residential Single -Family Dwelling)
Stable Area
Parson Drive — Local Street with a DO' right-of-way and
25'pavementwidth.
Curb and gutter.
8"water line onParson Drive.
8" sanitary sewer line.
PROPERTY OWNER NOTICES SENT WITHIN 200'
WAGNER NRMAN V
CONNER JESSE TH MAS
ERW RENTALS LLC
SPARROW JENNIFER M SCHRC EDER
FAGG CHARLA L
PEREZ ALFREDO & MIRIAM
RARRERA M ICHALE
PACE DNALD D
PHELAN GROUP PROPERTIES LLC
GLDMZ PROPERTIES LLC
PARSONS UNLIMITED RENTAL
BLANDA SAM
DIAS R BERT GARLAND ET LAX
SMITH PHILLIP M & I ELLI BURRIS
SANCHEZ HECTOR A JR & MEAN A
SCOTi T EDWA D SCOTT
PRYR CHASE & SAMANTHA
LENARD CHARLOTTE MARE
VERCHER ZACHARY J
SAST R E J H N C
JACSN TERRY
AVRARD J ULES E IV
DRY RANDLE WILLIAM
RHODES ,DAMES RAY
ORE VIVIAN M
CARPENTER LOIS CHARLENE
HARMONY PUBLIC SCHOOLS
T UCHET MATTHEW BRADS RD & MARY NANETTE
J RDAN MATT
JA'UES RANDELL ANTHONY
HARMONY PUBLIC SCHOOLS
ACH COLONNADE SHOPPING CENTER TX LLC
ACH COLONNADE SHOPPING CENTER TX LLC
BEA
V MC3 NT
Planning & Community Development
Case Type -,Planning and Zoning Case Status: REVIEW
Case Sub Type: Variance Tag Name: variance distance from property line for a
Case #: PZ2024-186 front door rain cover.
Location: 580 PARSON DR, BEAUMONT, 77706 Initiated On: 6125/2024 1:39:16PM
Individuals listed on the record:
Applicant
Randle Dry
580 Parsons Drive
Beaumont, TX 77706
Agent
Randle Dry
580 Parsons Drive
Beaumont, TX 77706
Property Owner
Home Phone: 409 866-2196
Work Phone:
Cell Phone: 409 283-0850
E-Mail: randy.canada.dry@gmail.com
Home Phone- 409 866-2196
Work Phone:
Cell Phone: 409 283-0850
E-Mail: randY.canada.dry@qma1I.aorn
Randle Dry Home Phone: 409 866-2196
580 Parsons Drive Work Phone:
Beaumont, TX 77706 Cell Phone: 4092830850
E-Mail: randy.canada.dry@gmail.com
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
No tes:
4'X1 5' attached rain cover over front door
Variance
rain cover over door will not effect public
without variance removal of cover will cause expense
variance will only effect I or 2 feet of my property
Case Type- Planning and Zoning
Case 4: PZ2024-186
Page 1 of 1
Printed On: 7/3/2024
6/25/2024
To Beaumont TX City Planning & Zoning
P.O. Box 3827 77704
From: Randle Dry
580 Parson Drive
Beaurnont, TX 77706
Subject: Request for a Zoning Variance
Reference: Permit Request BP2024-3750
'ro Whom it may concern:
I am respectfully requesting consideration be given to granting me a variance for
an addition I built (Jan 2022) as a rain cover over the entrance of my front or. I
purchased the residence in 1973 after ser-ving in the US Army Airborne. It has been my
residence since then.
I was not aware that a permit would be required for the construction of the
4ftX 15 ft ruin corer. I was made aware of my mistake when I bad my home completely
re -roofed in March of 2023, and after the new roof was certified, I was informed by my
insurance company that my windstorm insurance, which we have had for many years,
was not going to be renewed, because there was no permit for the construction of the rain
cover,
It was when I applied for a permit that the cover may be too close to my property
fine. By my measurements the rain cover support post are between 23 to 24 feet from my
property line. According to Beaumont code 25 ft is the allowable distance.
Therefore I am asking for a variance of between I or 2 feet (exact distance
difficult to measure) into the allowable zone. I'm hoping a variance can be granted
because the front door rain cover is needed during bad weather. ,
Respectfully;
Randle Dry
Mobile phone (409) 283-0850
OEM*% nowwww"FM=A
!"
580
!
"arsons Drive
IdL.
OZ2024-186 To consider a request for a Variance to the minimum front yard setback
equirements in a residential zoning district.
1pplicant: Randle Dry
.ocativn: SSa Parson Drive
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