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Home My WebLink AboutPZ2024-181 (04)DATE: October 3, 2024 TO: Board ofAdjustment FROM: Elayna Luckey, Planner I SUBJECT: To consider a requestfor aVariance tothe minimum side yard setback requirements ill a residential zoning district. FILE: PZ2024'181 STAFF RFPORT This item was tabled at the September 5,2024m��ng,, atthe request of the Board due to the absence of the applicant. ]ohnUmbrick is requesting a Variance to the side yard setback requirements for the property located atZ680 Dauphine Place. The property is zoned R-S (Residential Single Family) which requires a minimum interior side yard setback of 5'. The applicant is seeking to reduce the minimum side yard setback from 5" to 1, 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 havebeenmet- B) That literal enforcement ofthe 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. 11. The following may also be considered when determining "unnecessary handicap . (i)The cost of compliance with the zoning ordinance is greater than fifty 80percent of the appraised value of the structure as shown onthe most recent certified appraisal roll; UH[ompliance would result inaloss to the lot on which the structure blocated of at least twenty-five (25)percent ofthe area on which development may physically occur; (W) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (k)Compliance would result inthe unreasonable encroachment onanadjacent property or easemem;or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must not result [\ That by gra nting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices niailed to property owners 19 - Responses inFavor . Responses inOpposition LEGAL DESCRIPTION Being all of Lot 1 and the western 45of Lot 2, Block [\ Virginia Estates Beaumont, Jefferson County., Texa�containing O.289acres, more orless. ]ohnUmbhck ]ohnUmbhck ZG8ODauphine Place R-S (Residential Single Family Dwelling District) i0.289acres Residential X—AreadeterminedtobeoutsidetheSOO' yearf|ood plain SURROUNDING ZONING: NORTH: Residential R-S (Residential Single -Family Dwelling) EAST: Residential R-S SOUTH Residential R-S W EST: Vacant R-S COMPREHENSIVE PLAN: SANITARY SEWER SERVICE: Stable Area Dauphine Place — Local Street with a5O'hght'oi+may and 25'pavement width. Mercantile Street — Local Street with a6[Yright-of-way and 2S'pavement width. Curb and gutter. 6"water line. 8"sanitary sewer line. PROPEF TY OWNER NOTICES SENT WITHIN 2001 AMBRES HELEN D YLE JACQUELYN MARIE COOK RBERT A JR LAB 1 E PAU L GAOL ISABELLA EUNIE L CKETT AS H LYN DIRE ETHEL LIMB I K J HN F &CYNTHIA ABBAE THAS LIIIBRICK JOHN F &CYNTHIA I 111'IALNE LINTON JR RDERS FRED R 417 1I MAIN HOUSTON LLC CHARLES VERONICA CHACHE E LEE LE LONG U THACHERE SNYA COWARD ADAM S GOOD HOPE BAPTIST CHURCH BEAVMC3NT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: P72024-181 Location: 2680 DAUPHINE PL, BEAU MONT, 77705 Individuals listed on the record: Applicant John Lrnbrick 2680 Dauphin P1 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: 6/21/2024 10:01:33AM Horne, Phone: 409-842-8009 Work Phone: Cell Phone: 409-284-2820 E-Mail: limbrickjohn@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: Pianning and Zoning Page I of 1 Case #: PZ2024-181 Printed On: 6/24/2024 Variance Letter ]ohnUmbrick Z68ODauphine M Beaumont, Texas 777O5 409'284'2820 Umbrickjohn@yahoo.com To: Board ofAdjustment Reasons: June212U24 1-) lhave abrick fence with brick abrick column. | need mycarport column tomatch uporline up uonoyfence, 2.) Jwill beimproving myneighborhood. ].> | will have gutters. 4.) This adjustment will enhance the property beautification and it will increase the value of the real estate. Requesting: I need a 30-inch variance toward my property line to maintain alignment and I need 0 inches to my property line. lhave aneasement between myproperty and myneighbor, and mzmaintain property upkeep. John Limbrick PLOT FILAN SCA..r=: i/2o,, � 1,�oll 26aO DAUPHINE PLACE [.OT 142 5i... 0CX D VIRGINIA ESTATr-6 IBEAUMONT, TX a' UTLITfir" r=6MNT --- ------ ---- FENCE EXISTING 20'-cJ 14W,32" HOU6E FENCE N EEW 15' LDING: CARPORT 5E 5ACK 20'-&" 2 51 JB 6ETF DAUF 1 -0 13/32" Im Q -1 1: To consider a request for a Variance to the minimum side yard setback requirements in a residential zoning district. Applicant: John Lira rick Location: 2680 Dauphine Place 0 10