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HomeMy WebLinkAboutPZ2024-186DATE: August 1,2024 TO: Board of Adjustment FROM: Elayna Luckey, Planner I SUBJECT: To consider a requestfor eVariance tothe minimum front yard setback requirements ina residential zoning district. FILE: PZ2024-185 Randle Dry lsrequesting aVariance tothe minimum front yard setback for the property located atS0] Parson Drive. The property iszoned R' (Residential Single -Family Dwelling) that requires aminimum front yard setback of 25'. A covered porch was constructed in 2022 without the benefit of 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 IS'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 tothe public interest; B) 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 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 B0percent of the appraised value ofthe structure as shown on the most recent certified appraisal roll; UD{ompliance would result )na loss 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; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. AsdiSdnguishedfrom ahardship relating toconvenience orcaprice, and the hardship must not result frumthe applicant's orproperty owner's own actions; [) That by granting the Variance, the spirit of the ordinance will be observed and substantial Justice Exhibits are attached. PUBLIC NOTIFICATION Notices mailed 10property owners BL__ Responses inFavor . Responses inOpposition LEGAL DESCRIPTION Being all of lot lS, Block 3, RoLhm/eU Estates Addition, Beaumont, Jefferson County, Texas, containing, 0.1738acre� more orless. GENERAL IN FORMATION/RUBLIC UTILITIES /UqqJ{3\NT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USIS: FLOOD HAZARD ZONE: SURROUNDING LAND USIS: NORTH- Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: Randle Dry Randle Dry 58OParson Drive R-S(Residential Single -Family Dwelling) ~0.2738acres Residential X—Area determined tobeoutside the 5OU- yearflood plain R'S(Residential S|mde'Famik/Dwelling) Stable Area [Parson UDrive — Local Street with a GO' right-of-way and 25'pavement width. Curb and gutter. 8"water line onParson Drive. 8" sanitary sewer line. PROPERTY OWNER N OTI+ E ENT'I ITHIN 2001 WAGNER NRMA' CONNERJESSETH MAS ERW RENTALS LLC SPARROW JENNIFER M SCHREDER FAGG CHRLA L PEREZ ALFREDO & MIRIAM BARRERA MICHALE PACE DNALD D PHELAN GROUP PROPERTIES LLC GLDMZ PROPERTIES LLC PARSONS UNLIMITED RENTAL BLANDA SAM DIAS R BERT GARLAND ET UX SMITH PHILLIP M & KELLI BURRIS SANCHEZ HECTOR A JR & MEGAN SC TT EDWA D SC TT PRY(R CHASE & SAMANTHA LEO ARD CHARLOTTE MARIE 1ERCHER ZACHARY ,J SASTRE JHN C JACKSN TERRY C AVRAR D J U LES E IV DRY RANDLE WILLIAM RHODES NAMES RAY GORE VIVIAN CARPENTER LIS CHARLENE HARMONY PUBLIC SCHOOLS TUCHET MATTHEW BRADFRD & MARY NANETTE JCRDAN MATT JACQUES RAfDELL ANTHONY HARMONY PUBLIC SCHOOLS CH COLONNADE SHOPPING CENTER TX LLC ACH COLONNADE lNADE SHOPPING CENTER TX LLC BEAVMC3NT 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 Horne Phone- 409 866-2196 580 Parsons Drive Work Phone: Beaumont, TX 77706 Cell Phone- 409 283-0850 E-Mail: randy.canada.dry@gniail.corn Agent Randle Dry Home Phone- 409 866-2196 580 Parsons Drive Work Phone: Beaumont, TX 77706 Cell Phone- 409 283-0850 E-Mail: randy.canada.dry@gmail.com Property Owner Randle Dry Horne Phone, 409 866-2196 580 Parsons Drive Work Phone: Beaumont, TX 77706 Cell Phone, 4092830850 E-Mail: randy.canada.dry@gniail.com Legal Description 4'X 15' attached rain n cover over front doer Type of" ariance: 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: 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 Page I of I Case -#: PZ2024-186 Printed On, 7/312024 6/25/2024 'YO: Beauniont. TX City Planning & Zoning 13.0.13ox 3827 77704 From: Randle Dry 580 Parson Drive Beaumont, "I"X 77706 Sutject: Request for a Zoning Variance Reference: Perm ft Request BP2024-3750 To Whom it niay concern: I am respectfully requesting consideration be given to granting rile a variance for an addition I built (Jan 2022) as a rain cover over the entrance of front door. I purchased the residence in 1973 after serving in the US Army Airborne. It has been illy residence since then. I was not aware that a permit would be required for the construction of the OX 1 5ft rain cover. I was made aware of my mistake when I had my home completely re -roofed in March of 2023, and after the new roof was certified, I was informed by Iny insurance company that my windstorm insurance, which we have had for really years, was not going to be renewed, because there was no permit for the construction of the rain Cover. It mras when I applied for a perniit that the cover niay be too close to my property title. By niy measurenients the rain cover support post are between 23 to 24 feet from my property line. According to Beauniont code 25 ft is the allowable distance. Therefore I am asking for a variance of between I or 2 feet (exact distance difficult to nicasure) Into the allowable zone. I'm hoping a variance can be granted because the fi-ont door rain covi er s needed during bad weather. . Respectfully; Randle Dry Mobile phone (409) 283-0850 moodddlif Mok 4 580 Parsons Drive INN + . WO 40 • AL 48 %01 (6.7 To consider a request f or a Variance to the mini mum f ront yard setback requirements in a residential zoning district. Applicant: Randle Dry ,Location: 580 Parson Drive 0 100 . . '^~ - ( - ' \ ~' | � ;