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Home My WebLink AboutPZ2024-240DATE: September 5J, 2024 TO: Board of Adjustment FROM: Elayna Luckey, Planner I SUBJECT: To consider a request for a Variance to the minimum front yard setback requirements in a residential zoning district. FILE: PZ2024-240 STAFF RFPORT Kellie Hardy of Camellia Homes on behalf of Tracy Singleton, is requesting a Variance to the minimum front yard setback for the property located at4375Maddox Street. The property |szoned R' (Residential Single - Family Dwelling) which requires a minimum front yard setback of 25'. The structure will face Maddox Street, however the ordinance describes the narrowest street frontage as being the front of the lot. The property has street frontage on three sides making the "front" both Dewey Street and East Woodrow Street. The applicant is seeking to reduce the front setback requirement from 25' to 9' at both the Dewey and East Woodrow frontages toaccommodate the construction ofanew home. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: N That the granting ofthe Variance will not becontrary tothe public interest; EU That literal enforcement of the ordinance will result 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 foUow)ngmay also beconsidered vvhendetermining "unnecessary hand\cam^� 0The cost of comp|iancewith t he zonlng ordinancebgreater1han|ifty (50) perce nt ofthe appraised value of the structure as shown on the most recent certified appraisal roll; UU{ompliance WOUNresult inaloss to the lot on which the stucture is located of at least twenty-five (25) percent of the area on which development may physically occur; U|H Compliance would result inthe structure not incompliance with a requirement ofanother 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 beanonconforming structure. Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result [1 That bvgranting theVarianoe,thespihtoftheord)nauccwiUbeobservedandsubstantia|jusdce will be do-ne.. Exhibits are attached. PUBLIC NOTIFICATION Notices niailed to property owners 28 Responses in Favor . Responses |nOpposition LEGAL DESCRIPTION Being the Western ZS' of lot 23 and all of lot 24, Block l, Highland Addition, Beaumont, Jefferson NORTH: Residential EAST: Residential 3OUTH: Residential WEST: Residential COMPREHENSIVE PLAN: WATER: SERVICE:SANITARY SEWER KeUleHardv Tracy Singleton 4375 Maddox Street R'5(Residential Single -Family Dwelling) —O.2lacnes Residential X—AreadetenninedtobeoutsidetheSOQ' yearUoodp>a1n K'S (Residential Single -Family Dwelling) Conservation and Revitalization. Maddox Street — Local Street with a75'dght-of-»«ay and25' pavement width. Woodrow Street — Local Street with a3O/right-of-way and ZO'pavement width. Dewey Street— Local Street with a5O'right'of+wayand 2S'pavement width. Open ditch. Z"water line. 5"sanitary sewer line. PROPERTY TY WNEF NOTICES SENT WITHIN 2001 LEDET RICKY M & BARBARA L LEDET RIIY STJULIAN R(DERICK F K &KJ PROPERTIES LLC REEVES MAJOR K & TERRIE SOLANO OMAR TEPLE MOUTON CHARLES & BED ERL CHANEY KENNETH CLBERT REINAL,D & TRACI ARELLAO RIBERT MARTINEZ F RAN ILI N ETA L DU AS PATRICK & PAULA W DISPENZA J AM ES TALMAD E D R PROPS LLC TRUE SOUTHER! REAL ESTATE LLC SINGLETON TRACY E BEAUMfT ISD CORDON ORA DAIS H B J H S N CATHERINE M ED ' RDS BIRDSONG RONALD R ET UX CAMPS MARI JUAREZ MI DUEL GONZALEZ CANTU DOLORES & PRCR RRG PROPERTY INVESTMENTS LLC SENES H CASEY ASSETS LLC LEDUC PARTNERSHIP LTD L'EDUC MANAGEMENT LLC B EAV M C3 N T Planning & Community Development Case TypeRanning and Zoning Case Sub Type: Variance Case #: P72024-240 Location: 4375 MADDOX ST, BEAUMONT, 77705 Individuals listed on the record: Applicant Kellie Hardy 8110 Eastex Freeway Beaurnont, TX 77708 Agent Kellie Hardy 8110 Estes Freeway Beaumont, TX 77708 Property Owner Tracy Singleton Missing Address, City, State, or Zip Code in People 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: Case Status. REVIEW Tag Name: Variance application Initiated On: 816/2024 4:27.36PM Home Phone: 4093470053 Work Phone: Cell Phone: 4093470053 E-Mail, kellie.l)ardy@camelliaiiomes.com Home Phone: 4093470053 Work Phone: Cell Phone: 4093470053 E-Mail*. kellie.hardy@cannellialiomes.com Home Phone: Work Phone: Cell Phone: 409-998-5334 E-Mail: tracysing67@gniail.com HIGHLAND W25'L23 & ALL L24 131 Variance This would be a benefit to the public interest to have a new construction home placed in a reviving neighborhood. We would have to reduce the size of the house in order to fit it on the property with the current setbacks By granting the variance, we would be building a modern home in a neighborhood that is trying to revitalize and revamp and potentially bring rnore new construction to the area. Case Type: Planning and Zoning Page 1 of I Case #: PZ2024-240 Printed On: 8/8/2024 ;AMELLIA j HOMES 8 110 Eastex Freeway Beaumont, Texas 77708 Caniellia. Homes has contracted with Tracy Singleton to build a new home at 4375 Maddox Street. Since this is a corner lot with streets on 3 sides, the building setbacks required by the City cover much of this property. We have tumed the home to face Maddox. Her property is a 74-78 x 105.95 lot. Now, our buildable lot is 54.78 x 55.95 because of the setbacks. We are asking for a variance to allow the home to be built as shown on the attached plot plan. Phone: (409) 347-0053 Fax: (409) 347-0028 DIMENSIONS INDICATED HERE0I9 ARE BASED UPON GLOBAL POSITIONING SYSTEM, SURVEYiNG, T]EO TO THE TRibIBLE RT} NETWORK, REFERENCED TO THE (NORTH AMERICAN DATUM OF 1983) TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (4204) SCALE FACTOR: 1.00D070000000. 1"=0' FND 5/8! I.R N=13959936.50 E=3524353.02 v. — FND58" I.R. D EW EY STREET j.J=N87`52'34°' E 75.02' LEGEND: IA = MEASURE R T RECORD I.R. IRON ROD I.P. = IRON PIPE CAL CONCRETE MONUMENT NOTE: THE HOUSE P.P. = PINCHFD PIPE SHOWN HEREOIN DOES NOT REPRESENT A U.E. UTILITY ESMT. PHYSICAL BUILDING. B.L. = BUILDING LINE THE LOCATION IS A.F. AERIAL E .1T. APPROXIMATE. D.E. = DRAIN, ESMT, S.L.E. STREET LIGHT ESMT. U.G.E. = UNDERCOUND ELECTRIC NOT OFFICIAL UNLESS TAME = POYT:R POLE = ELECTRIC LINE SEPTIC Y WE L L FNMI 58" FILED 1/" FND 1 /2* I.R. I.R. EAST 25 FEET LOT 23 LOT 2 [l 3T EET 23 �4 Fri Ln �Lief y II1 !D 1 /2" I.R. EAST WOODROW STREET NOT OFFICIAL UNLESS STAMPED I, J.D. M,IcCLENAN DO HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE PLAT OF A SURVEY MADE UNDER DIY SUPERVISION, ON THE GROUND, OF LOT 24 AND THE VEST 25 FEET OF LOT 23, HIGHLANDS ADDITION RECORDED IN VOLUME 126, PAGE 467, MAP RECORDS OF JEFFERSON COUNTY, TEXAS AND SHOP ING ALL VISIBLE IMPROVEMENTS THEREON. THERE ARE NO OVERLAPPENO OF IMPROVEMENTS EXCEPT AS SHOWN HEREON. THERE ARE NO VISIBLE SIGNS OF ENCROACHMENTS AT THE TIME OF THE SURVEY EXCEPT AS SHOWN. THE UNDERSIGNED SURVEYOR DOES NOT WARRANT OR SUBSCRIBE TO THE ACCURACY CAR SCALE OF FLOOD ZONE INFORMATION WHICH IS DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE PATE MAP. USE OF THIS SURVEY FOR ANY OPiFR PURPOSE OR BY ANY OTHER PANTIES IS AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM,. NOT OFFICIAL UNLESS STAMPED J.I. Mcaena„ Fteglstered Professtwol Lorkd 'Sun-eyor Texos Reglstrolxon lumber 2512 THIS PROPERTY LIES IN FLOOD ZONE X AS INDICATED ON PANEL 485457 D010 D DATED DB/06/0 D,A my h r CLfie C A4 M 0512s 4 dDU .tee 24—J49 weiv HIA SURVEYED FOR; TRAY E SINGLETON 520 DEWEY STREET BEAUMONT, TEXAS 77705 t_ -1�, Islip. O-LINE SURVE Y011S, INC. 409-7-90-7147 LAND SURVEYIRG — ELEYATIM CERTIFICATES 94-0 REDWODD ST, rccx. NTZE, TX 77625 (41�4�79�7147 bllnaaur��e}Yxa�grn��9.c4rn FIRIA REGISFRATIM PID.:10109904 File PZ2024-240: To consider a request for a Variance to the minimum front and rear yard etback requirements in a residential zoning district, Applicant: llie Hardy Location: 4375 Maddox Street 0 100 I I I Feet R-S