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Home My WebLink AboutOctober 2024 BOA Packet* * /\ <� E y� O /\ BOARD OF ADJUSTMENT October 3' 2024 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3�0]p.nn. The meeting will also be broadcasted on the City's YouTube channel: https://www.youtube.com/channeyUCnY6nNk8zfXZulMglzbwEBg *A G E K^ D A * |!Tmm1111111111100111m APPROVAL OF MINUTES Approval ofthe minutes ofthe meeting held September 5.ZO24. SWEARING IN OF WITNESSES PUBLIC HEARING 11 Toconsider arequest for aVariance tothe rn|n1nmurnside yard setback requirements in a residential zoning district. Applicant: JohnLirnbr|ck Location-, 2G8ODauphine Place 7i Toconsider arequest for aVariance tothe rninirnurnside yard setback and front yard setback requirements in residential zoning district. Applicant: Torey Bruce Location : 2780 S. m Street OTHER BUSINESS uF'I/n. /M Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested tncontact Ka|1r1na Minlckat4O9-88O-3777. *MINUTES 130ARD OF ADJUSTMENT September 5, 2024 Council Chambers, City flail, 801 Main Sti-ect, lReatiniont, Texas A meeting of the Board of Actitistinent was held on September 5, 2024 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey I lilliard Board Member Tom Rowc Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent: Alternate Board Member Steve Lucas Also present: Elayna Luckey, Planner Tom Duesler, Senior Assistant City A ttorney Susan Smith., Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes of the August 1, 2024 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutcs carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:03 p.m. PUBLIC HEARING The applicant of Agenda Item No. 1, PZ2024-18 1, was not present. The applicant shall have the burden of proof to den-ionstrate that all tlu-ce conditions necessary for approval have been inet. In order to allow time for the applicant to arrive, Chairman Timaeus announced that the presentation of Agenda Item No. 1, PZ2024-18 1, will be dclayed until the end of the meeting. Therefore, the Board moved forward with the presentation of Agenda Item No. 2, PZ2024-240. 2) File PZ2024-240: Applicant: Location: BOARD OF ADJUSTMENT Septeinner 5, 2024 "I"o consider a request for a Variance to the inininium front yard setback requirements in a residential zoning district Kellie Hardy 4375 Maddox Street Mrs. Luckey explained that an amended site plan was presented to staff inimcdiately prior to today's meeting in which the applicant is requesting that the front setback requirement be reduced from 25" to 19'!, rather than being reduced from 25' to 9' as specified in the original Variance request. Chairman Timaeus moved to accept the change in request without additional notice as the reduction from 25' to 19' is more favorable than the originally submitted request. Mrs. Luckey presented the staff report. Kellie Hardy of Camellia Homes on behalf of Tracy Singleton, is requesting a Variance to the minimum front yard setback for the property located at 4375 Maddox Street. The property is zoned R-S (Residential Single -Family Dwelling) which requires a minimuni 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 DeNvey Street and East Woodrow Street. The applicant is seeking to reduce the front setback requiremcrit from 25" to 19' at both the Dewey Street and East Woodrow Street frontages to accommodate the construction of a new home. Twenty-eight (28) 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 sub 4 ect property and site plan were shown of both the original and amended Variance request. A representative of the applicant was present. Wesley Thomas of Camellia Homes, 8110 Eastex Freeway, Beaumont, Texas addressed the Board. He stated that the original house plan measurements were incorrect and the revised setback request allows for the corrected plan measurements. Further discussion followed concerning location of the driveway and garage, along with placement of the house on the lot. Board Member Hilliard moved to approve the request for a Variance to the minimum front yard setback requirements to be reduced from 25' to 19' at both the Dewey and East Woodrow frontages to accommodate the construction of a new home for property located at 4375 Maddox Street, as requested in File PZ2024-240. Board Member Sorrell secondcd the motion. A roll call vote was taken. Chairman Timaeus-Aye; Board Mcmber Beaver -Aye; Board Member Hilliard -Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye. The ii-iotion to approve the request carried 5:0. I LE File PZ2024-18 1: Applicant: Location: BOARD OF ADJUSTMEN'I" September 5,2024 "I'o consider a request 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 writtei) staff report as being admitted in the record of the Board. This item was tabled at the August 1, 2024 meeting of the Board, at the request of the Board due to concern about drainage from the roof overhang. Jolul. 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 minimum interior side yard setback of 5'. "fhe applicant is seeking to reduce the minimum side yard setback from 5' to I" 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 subject property. Zero (0) responses were received in favor and one (1) were received in opposition. Mrs. Luckey read the one (1) response in opposition to the request. Slides of the subject property w and site plan were shon. The applicant was not present. Mrs. Luckey noted that at the August meeting, the Board provided feedback to the applicant I . relating to revising the request to allow at least a V minimum side yard setback distance from the property line to prevent drainage from the roof overhang onto the neighboring property. Brief discussion followed concerning the response in opposition to the request; location of the water inctcr on the property; the pavement being 2' from the property line and the structural support being V from the property line; the eaves overhanging onto the neighboring property; and the roof pitch allowing drainage onto the neighboring property. Mrs. Luckey explained the process in -which the applicant would be required to obtain a building permit. Further discussion followed concerning tabling the item to the next meeting. Board Member Beaver moved to table to the next meeting the request for a Variance to tile illillimun-i side yard setback requirements to be reduced from 5' to 1' to allow for the construction of an open-air carport in line with the existing brick fence for property located at 2680 Dauphine Placc, as requested in File PZ2024-18 1. 3 BOARD OF ADJUSTMENT September 5,2024 Board Member Rowe seconded the motion. A roll call vote was taken. Chairman Tiniaeus-Aye; Board Meniber Beaver -Aye; Board Men-iber Hilliard -Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye. The motion to table the request carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:26 PIM. DATE: October 2\2O24 TO: Board of Adjustment FROM: BaynaLuckey Planner SUBJECT To consider a request for a Variance to the minimum side yard setback requirements in a residential zoning district. RLE; PZ2024'181 This item was tabled at the September 5, 2024meeting, at the request of the Board due to the absence of the applicant. John Linibrick 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 minimum interior side yardset back ofS/.The app|icaniissee Nngtoreduce them|nimumsWeyard setbackfrom S'1o1,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- A), That the granting of the Variance will not becontrary to the public )nterest.: 8> That literal enforcement of the ordinance will result in unnecessary hardship becaUse of exceptional narrowness, shallowness, shape topography orother extraordinary ore:ceptiona[ P hysical 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 appra�edvalue ofthe structure asshown onthe most recent certified appraisal roll; UU Compliancewould result inaloss iothe lot unwhich the stnuotUreis located ofatleast 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 iobeanonconforming structure. Asdistinguished from ehardship relating toconvenience orcaprice, and the hardship must not result [1 That bvgranting iheVehance,theqddtoftheooUnancewdUbeobservedandaubstantial]ustice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 - Responses inFavor Responses inOpposition LEGAL DESCRIPTiON Being all of Lot l and the western 45of Lot Z, Block C\ Virginia Estates, Beaumont Jefferson Couniy, GENERAL INFORMATIONIPUBLIC UTILITIES SURROUNDING LAND USES: NORTH: Residential EAST Residential SQUTH: Residential WEST: Vacant -COMPREHENSIVI PLAN: SANITARY SEWER SERVICE: JohnLUnbdck JohnL1mbduk 2G8ODauphine Place R-S(Residential Single Family Dwelling District) ~0.289acres Residential X—Area determined tobeoutside the 5OO' yearfloodp|ain R-S,(Residential Single -Family Dwelling) Stable Area Dauphine Place — Local Street with a5O'r1gNt-o(+way and 25`pavemenLwidth. Mercantile Street —Loca\StmeeLvvithaGO'dght-of-way and Z5'pavement width. Curb and gutter. G"water line. @" sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN 2001 AMBRES HELEN D OYLE JACQUELYN MARIE COCK RBERTAJR LABRIE PAULA CAGE ISABELLA EUNICE LCETT ASHLYN MIRE ETHEL LIMBRICK J HN F & CY ITHIA A BA ETHOMAS LIMBRICK J HN E & CYNTHIA M AL N E LI NT N J R& RDERS FRED R 417 W MAIN HOUSTON LLC CHARLES VERONICA CHACHERE LEE LE LONG IU THACHERE ON 'A COWARD ADAI I SR GOOD HOPE BAPTIST CHURCH BEAUNlONT Planning a Community Development Case Type. -Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Narne: 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 Home Phone: 409-842-8009 2680 Dauphin P1 Work Phone: Beaumont, TX 77705 Cell Phone: 409-284-2820 E-Mail: limbrickjohn@yahco.corn 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#: PZ2024-1 81 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 1 of 1 Printed On: 612412024 Variance Letter ]ohnUmbrick ZG8UDauphine P| Beaumont, Texas 777OS 4O8-284-Z82-U Umbdckjohn@yahno.ozm To: Board ofAdjustment Reasons: 1.) ) have abrick fence with brick abrick column. | need rnycarport column tomatch uporline up tomnyfence. 2.) | will beimproving myneighborhood. 3.> | will have gutters. 4.\ This adjustment will 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. JohnUmbhck PLOT PLAN SCALE., 1/20" l'-011 2(oaO DAUPHINE PLACE C.OT 14215LOCK D VIRGIMA ESTATES 5EAUMONTt TX b' UTltlTY F-6MNT ':FENCE EXI&TING 20'-<� 19�-32" Hou6E FF-NCr= ........................... NF.W IE�' LPING: 25 �BLD I N G 6F.TF3ACK ONCRETE. I A i I I a a T 4r 2 r 9 r 4r t DAUPHINE FLACIE 20'-13 le/32"l -,. L I ca / 3 2 1 t- 2 13 / a 2 imm PZZOZ4wl11*1 To consider a request for a Va Hance to. the minimum side yard setback requirements in a residential zoning district. ppIicarat: John Limbrick Location: 2680 Dauphine Place DATE: October 3, 2024 TO: Board of Adjustment FROM: ElavnnLuckey Planner SUBJECT: Toconsider arequest for aVariance iothe minimum side yard setback requirements (na residential zoning district. RLE: PZ2024'2-62 STAFFRFPORT Torey Bruce is requesting a Variance to the rnininll.im front yard setback and the minimurn side yard set -back for the property located atZ70]STmStreet. The property 1szoned R- (Residential Single -Family Dwelling Dist rici) ihat requires a m|n}mum front yard setback of ZS' and a mln\mum s1de yard setback of5' for s[ng(e story structures. The applicant is seeking to reduce the front yard setback requirement from 25' to 15" and the side yard setback requirement from Yto 2-to construct an open-air carport. The open-air carport would be|nline with the existing pavement that isZ'off ofthe property line. The applicant shall have the burden of proof todemonstrate that all three conditions necessary for approval have been met: A) That the granting ofthe Variance will not becontrary tothe public interest; B) That literal enforcement ofthe ordinance will result inunnecessary hardship because of exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional physical situation or hardship physical condition unique tothe 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": 0The cost ofcompliance with the zoning ordinance bgreater than fifty (50) percent of the appraised vah/cofthe structure asshown onthe most recent certified appraisal ro|� OUCompliance would result inaloss tothe lot onwhich the structure is located ofotleast 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, Wilding code, or other requirement; (kv)Compliance would result inthe unreasonable encroachment onanadjacent property or easement;or (v) The city considers the structure to be a nonconforming structure. As distinguished from ahardship relating to convenience or caprice, and the hardship must not result from the applicant's or property owner's own actions; OThat by granting the Variance, the spirit of the ordinance will be observed and substantial justice Exhibits are attached. PUBLIC NOTIFICAMN Notices rnailed to property owners 29 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 8, Duerler Addition, Beaumont, Jefferson County, Texas., containing 0.51 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: iD{]\TK]NL EXISTING ZONING: PROPERTY SIZE.6 EXISTING LAND USES: FLOOD HAZARD ZONE: .SU.R.ROUNDING LAND USES: NORTH: Torey8ruce Torey Bruce Z78O57mStreet R-S(Residential Single -Family Dwelling District) ~O.S1acres Residential X—Area determined iobeoutside the 5OO' yeerDoodplain Residential R'S(Residential Single -Family Dwelling District) Residential R-S SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: SANITARY SEWER SERVICE: RM-H(ReaidentialPWultiFanik/—HighOensitv Conservation Revitalization South 7t" Street — Local Street with a OO' right-of-way and 3G'pavemeniwidth. Open ditch. 2.Z5"water line. G"san|tarysewer line. PROPERTY T OWNER NOTICES SENT WITHIN 2001 BELL HILDA VICTOR [3ROUSSARD GEORGE A FRANK KATIE M WOOLRIDGE RETITIA ROTHWELL ROBERT & ROSARIO DE LA 70RRE CESAR HEBERT ROY & EARI.IE MAE (LIFE ESTATE) BUILD 17 BROTHERS LLC MATTHEWS ABB{G ET AL DENT AIUIVIE MAC GOLDEN TRIANGLE INVESTMENTS LP ARDOIN ELMA RAWI.INS TIMOTHY WAYNE SPIfVDLETOP HOUSING CORPORATION REED RENA ROBINSON ESTATE SPINQLETOP HOUSING CORPORATION MANUELJEREMY IMAM QUALITY CONCEPTS LLC MANUELJEREMYJOSEPH CAO PETER MONTANTE LORENZO HOLMES BOBBIE & MAYS DAN W & GRACiE D LOUIS PRISCILI.A WILLIAMS JOSEPH .iR WILLIAMS JOS JR SPIKES ALVIN !R ET UX M H M R OF SOUTHEAS7TEXAS INC MENTAL HEALTH MENTAL BEAVMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Request to reduce the front and side yard Case#: PZ2024-262 setback requirement. Location: 2780 S 7TH ST, BEAUMONT, TX Initiated On: 8126/2024 1:32:06PM Individuals listed on the record: Applicant Torey Bruce 2780 S 7th St Beaumont, TX 77701 Agent Torey Bruce 2780 S 7th St Beaumont, TX 77701 Property Owner Home Phone: 4092396240 or Phone: Cell Phone: 4092396240 E-Mail- Ibrybruce@ymail.com Horne Phone: Work Phone: Cell Phone: E-Mail: Torybruce@yrnail.corn "Torey Bruce Home Phone: 2780 S 7th St Work Phone: Beaumont, TX 77701 Cell Phone: E-Mail- Tor ybruce@ymail. corn Legal Description DUERLER L8 Type of Variance: Variance That the granting of the variance will No Ws not not be contrary to the publIG interest That literal enforcement of the No it's not ordinance will result in unnecessary hardship That by granting the variance, the Yes it will spirit of the ordinance will tie observed and substantial justice will be done Notes: Case Type: Planning and Zoning Page I of I Case It: PZ2024-262 Printed On: 9/1612024 �'7 6� '7 s f 13��C,.�1-,or T�y��.u� C� YOU; � ,�o� �� J I��-�,��.� Yo9 aci0 � / // q -� ��- Cl �'� o L' cc�^!� orb Siff /�r � oYv t�� L'Xi�� S\��7 Opp ��. �,� l�'� e- AX.`�'� e bc�.\c�in� ��1\ lOl � x �9 c� l l cvo/ in ) &9 . r/ 9,� `6 U �A File P To consider~ a request for Variance to the minimum side yard setback nd front yard setback requirementsin a residential zoning district. Appli'cantv. "i re Bruce Location: �� Street 10 - - d t ter- �.. F % "Orio., I alwk-' ! e P. _ r � .++JJ—f-f�� O h _ Litt I AL - —��r .V '� Rfn — • ! _ +. +� •tea _.*~. � —� _ V. � �� +! - �. I l 3 '� e� � lop d 1 R-S / iI I Or - +".RA i- _ IPJ �..�r= 1 F CS e �' s �r� 'kh i y • II � J, Y � i i 1}� . P 'is 40