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HomeMy WebLinkAboutPZ2024-181 (03)DATE: September 5, 2024 TO: Board ofAdjustment FROM: Elayna Luckey, Planner I SUBJECT: To consider a request for a Variance to the minimuni side yard setback requirements in a residential zoning district. FILE: PZ2024'181 8TAFFREPORT This item was tabled atthe August 1,2024meeting ofthe Board, at the request of the Board due to concern about drainage from the roof overhang. John Umbrickisrequesting aVariance tothe side yard setback requirements for the property located etZG8O Dauphine Place. The property is zoned R'S (Residential Single Family) which requires e minimum interior side yard setback of5'.The applicant is seeking boreduce the minimum side yard setback from 5^Lo1'to construct an open-air carport in line 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 - A) That the granting of the Variance will not be contrary to the public interest; R) 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 quesiion. "Unnecessaryhandioao"ohaHmeanphysica|hardsh\pnm|at>n8tothepro pertyitseIf. The following may also be considered when determining "'unnecessary handicap": (1)The cost ofcompliance with the zoning ordinance is greater than fifty (5O) percent ofthe appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Compliance would result in a los uothe lot onwhich the structure islocated ofeileast 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. Asd�Un8u�hedfrom ahardship n�a�ngtoconvenience orospr�e andtheha�sh}pmus not result [) That by granting the Variance, the spirit of the ordinance will be observed and SUbstantiall justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 - Responses in FavorResponses inOpposition . Being all ofLot l and the western 45 ofLot 2, Block [\ Virginia Estates, Beaumont Jefferson County Texas, containing O.289acres, more orless. JohnUmbrick JohnUmbdck 26OODauphine Place R-S(Residential Single Family Dwelling District) ~O.289acres Residential X—Area determined tobeoutside the 5OO' yeerflood plain SURROUNDING ZONING: . NORTH: Residential R-S(Residential Single -Family Dwelling) EAST Residential R-8 3OUTH: Residential R'S WEST: Vacant R-S COMPREHENSIVE PLAN: SANITARY SEWER SERVICE: Stable Area Dauphine Place — Local Street with a SO' right-of-way and 25'pavement width. Mercantile Street — Local Street with aGO right-of-way and 35/pavement width. Curb and gutter. G"water line. O"sanitary sewer line. P RO PERTY OWNER N TICES S E NT WITH N 2001 AMBRES HELEN DOYLE JACQUELYN MARIE COCK RRERT A J LBRI E PAU LA GAGE I ABELLA EU ICE LOC ETT ASHLYI MIRE ETHLL LIMBRICK JH F & CYTHIA ABBAGE THMAS LIMBRICK JOHN F &CYNTHIA M M A Ltd E LINTON J R RO GERS FRED 7 W MAIN HOUSTON LLC CHARLES VERONICA NIC CHACHERE LEE LE LONG 1U THACHERE SfYA COWARD ARD AL AM SR GOOD HOPE BAPTIST CHURCH B EAU MO N T Planning & Corm-nunity 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: 2680 DAUPHINE PL, BEAUMONT, 77705 Individuals listed on the record: Applicant John Lmbrick 2680 DaLlphin PI Home Phone; 409-842-8009 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 be done Notes: Case Type: Planning and Zoning Case 4: 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: 6/24/2024 Variance Letter JohnUmbrick 268ODauphine M Beaumont Texas777O5 409-284-2820 Umbhckjohn@yahoo.com To: Board of Adjustment Reasons: June 2l,2QZ4 1.l | have abrick fence with brick abrick column. | need mycarport column tomatch uporline up tomyfence. Z.) ) will beimproving myneighborhood. ].\ | will havegutters. 4.\ This adjustment will enhance the property beautification and it will increase the value of the real estate. | need a3O-nchvariance toward myproperty line tomaintain alignment and | need Oinches tomy property line. | have aneasement between myproperty and nnyneighbor, and vvemaintain property upkeep. John Limbrick 15, 5F PLOT PLAN 26430 DAUPHINE PLACE LOT 42 t5LCK VIRGINIA EST T 6 MONT, TX 1 ' UTILITY 6T 1 1 i L C; 5 i 1 � 1 J 1 1 r i 1 f f 7 1 1 9 1 1 9 e r 1 EXISTING 1 .0 1 F C w PLMING 1 NEW 1 AIRPORT rCK1 1 1 '-&" � - - . � _ .. � _ _ - � _ _ - _ • • �. �..���a..Y.�_ � � - � _ r��. is _ a2a:+.:ti �;rim'>' - Y 1�f E3 [NG 6T CK 0 0 GAUP INE PLA rm ,20,-C3 lcw32"l —] la 1-0 it de r a requ est fo r a Va ria n ce to the m 1 n Imu m sid e ya rd se t . ac PZ2024-181" To consl a requirements ire a residential zoning district. Applicant: John Limbrick Location; 2680 Dauphine Place ffALM 0 100 I I I Feet Legend K*2024-181 Ap Ito Ap . . ......... . . L UN SUR A IP sk Af m 'loot ff___ 'GC -iMD