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HomeMy WebLinkAboutPZ2024-181 (02)DATE: August 2,ZOZ4 TO: Board of Adjustment SUBJECT: To consider a request for a Variance to the mininium side yard setback requirements in a residential zoning district, FILE: PZ2024'181 STAFF RFPORT This item was tabled at the July 11, 2024 meeting of the Board, at the request of the applicant's John Limbrick is requesting a Variance to the side yard setback requirements for the property located at 2680 Da. The m zonedR-S(Residentio|S�nQ>eFeik�vvh|ohrequ|resam)n| emuminteriorside yard setback ofS' The applicant is seeking to reduce the minimum side yard setback frorn 5' to 0' to construct anopen-air carport inline with his existing brick fence. The applicant shall have the burden ofproof bodemonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary tothe public interest; EA That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography orother extraordinary orexcept|ona( 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": 0Thecost of compl iance wit hthezon ing ordina nce is greaterthanf ifty (50) pe rcemofthe appraised value ofthe structure asshown onthe most recent certified appraisal roll; UU Compliance would result in e loss to the lot on which the structure is located of at leas twenty-five (25) percent of the area on which development may physically occur; NU[omNiancewouNresubinthcstructurenotlncomoUancewkharequinemnentofanother 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 must not result from the appUcant"sorproperty owner's own actions; [) That bygranting theVudanoe,thcspirhoftheordinancewiUbeobservedandsubstantial]usdce will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed ioproperty owners _J9___ Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being all of Lot 1 and the western 45 of Lot Z Block C\ Virginia Estates, Beaumont, Jefferson County, JohnUmbhck JohnLhnbdck ZG8ODauphine Place R'S (Residential Single Family Dwelling District) ~0.289acres Residential X—Area determinedkzbeoutside the 50]' yearflood plain NORTH: Residential R'S (Residential Single -Family Dwelling) EAST; Residential R'S SOUTH: Residential R-S WEST: Vacant R-S COMPREHENSIVE PLAN: Stable Area STREETS: Local Street with aSO`r|ght,of-mpy and Z5'pavement width, Mercantile Street — Local Street with a6O'right-ofwey and 25/pavement width. DRAINAGE: Curb and gutter. WATER: 6"water line. SERVICE:SANITARY SEWER O^sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN 200 AI'ES HELEN DOYLE JACQUELYN MARIE COOK RBERTJR LABRIE PAULA GAGE ISABELLA EUICE L}CETT ASH LYN MIRE ETHEL LIMB I CK J C H N E &CYNTHIA ABBA E THOIIi AS LIMBRICK JO HN E & C NTHIA MALONE LINTON JR & DERS ERED f 417 W MAIN H UST N LL CHALES VERONICA CHCHEI'E LEE LE LONG VU THAHEE SNYA COWARD ADAM S (D HOPE BAPTIST CHURCH BEAuMaNT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2024-181 Location: 2680 DAUPHINE PL, BEAUMONT, 77705 Individuals listed on the record: Applicant John Lnibrick 2680 Dauphin PI Beaumont, TX 77705 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: Carport Variance Case Status: REVIEW Tag Name: 30 inch variance Initiated On: 6/2112024 10:01:33AM Home Phone- 409-842-8009 Work Phone: Cell Phone- 409-284-2820 E-Mail: lin)brick_john@yahoo.com 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 Case Type. Planning and Zoning Page I of 1 Case 11: PZ2024-181 Printed On: 6/24/2024 Variance Letter JohnUmbr|ck ZG8ODauphine M Beaumont, Texas 777OS 409-284-2820 To: Board of Adjustment Reasons- June Z1,2O24 1.) ) have abrick fence with brick abrick column. [ need mycarport column tomatch uporline up tonnyfence. 2.) | will beimproving myneighborhood. 3.) 1will have gutters. 4.) This adjustment will enhance the property beautification and it will increase the value of the real estate. Requesting: ) need a]O'nchvariance toward myproperty line tomaintain alignment amd1needOinchestomy property line. I have an easement between my property and my neighbor, and we maintain property upkeep. Respectfully, John Umbrick PLOT PLAN ecALE: 1/20" = I [.oil 2&aO LDAUFPIII F. PLACE SOT 142 15LOCK D \/IFRGINIA ESTATES BEAUMONT, TX UTILIT-T' ESMNT PENCE 120 I-S IS/32"i EXISTING HOU6E FENCE 15 NEW &F. eACK ICARFORT 2'1 .0 -.2. SET ACK GONGTE, DfR(VE DAUFN-� INE PL.AdE 1120 1.12� IS/3211 kl -0 -181M. : To consider a request for a Variance to the minimum side yard setback PZ2024 requirements in a residential zoning district. Applicant: John LimMick Location: 26 -80 Dauphine Place R.-S 0 100 I I - I Feet L Legend, PZ-20244-181 MF ;E3,U,RGUNO Ir Ile' RjoS � p , e r a • s �..� �i F� I 14 01 M At ,44 GC -.MD