HomeMy WebLinkAbout735BADATE: February 7, 2019
TO: Board of Adjustment
FROM: Adina Josey, Senior Planner
SUBJECT: To consider a request for a Variance to the minimum rear setback in an RM -H
(Residential Multiple Family Dwelling - Highest Density) District from 25' to 15'.
FILE: 735 -BA
a I .
Ross Hansen has applied for a variance to the minimum rear yard setback for the property at
3855 Central Pointe Drive. The property is zoned RM -H (Residential Multiple Family Dwelling
- Highest Density) and therefore requires a 25 foot rear setback.
In 2007 a plat was filed for Pointe' Park, a cluster housing development. As the market quickly
changed, so did the demand for housing. In 2011 and 2013, several replats were filed creating
standard single family lots for the west half of the original subdivision. These new single family
lots vary in depth, some are 110 feet deep, some are 120 feet deep. The lots in question are 110
feet deep. Minimum lot depth for RM -H districts is 100 feet, so the minimum lot depth is not an
issue. At least one house has been built, to code, on one of the 110 foot deep lots.
Mr. Hansen states that the narrowness of the lot limits design flexibility.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for approval have been met.
Exhibits are attached.
PUBLIC NOTIFICATIO
Notices mailed to property owners 26
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being Lot 4, Block 3, Pointe' Park Subdivision, Beaumont, Jefferson County, Texas, containing
0.148 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Baxsen Builders L.L.C. (Ross Hansen)
PROPERTY OWNER: Ross Hansen
LOCATION: 3855 Central Pointe
EXISTING ZONING: RM -H (Residential Multiple Family Dwelling -
Highest Density)
PROPERTY SIZE: —0.15 acres
EXISTING LAND USES: Vacant
FLOOD HAZARD ZONE: X — Area determined to be outside the 500
year flood plain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant RM -H (Residential Multiple Family Dwelling -
Highest Density)
EAST: Residential RM -H
SOUTH: Vacant GCMD-2 (General Commercial Multi- Family
Dwelling -2)
WEST: Vacant
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE
RM -H
Stable Area
Central Pointe Drive - Local street with a 30'
right-of-way and 20' pavement width.
Curb and Gutter
12" water line
8" Sanitary sewer line
PROPERTY OWNER NOTICES SENT WITHIN 200'
HAMBURG PARTNERS LTD
HAWKES CHARLES KEITH &
HUNG LE CUONG
LANE JOANNE D
LIGHTY FRANCES H
LIMING BARBARA
MIDDLETON MARGARET CHARLOTTE
N & N BEAUMONT LLC
NANCE DANICA
PEEBLES ROBERT H & GRETA F
POINTE PARKWAY INVESTMENTS INC
SMITH KENNETH E JR & BARBARA E
SNELSON ALEXANDER C & DENA
TRAYLOR GEORGE W & KATHY
BOARD OF ADJUSTMENT
APPLICATION FORM
CITY OF BEAUMONT
(CODES SECTION 28.02.005)
THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One)
() Appeal (W<ariance () Special Exception
Complete the appropriate supplemental application form depending on which box is checked and include it with your
application.
APPLICANT'S NAME AND ADDRESS:
_r,_F�3
APPLICANT'S PHONE NUMBER: r yt?9� GsSc� -'3 G !'q FAx #:T% S(D 9) 944-29 33
NAME OF OWNER: Rama A -4y do -ADDRESS OF OWNER: /'S,ZG �S I -L &Aft�� % !7 '2'Z ! 3
LOCATION OF PROPERTY: ��j C,d-A 446 t 10I , �r-
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. If-/ OR
BLOCK•
ADDITION_?
�c-/"
DD! i fi
NUMBER OF ACRES
PLAT
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties
proposed to be changed, and a complete legal field note description.
SUBMIT A LETTER STATING IN AS MUCH DETAIL, AS POSSIBLE REASONS FOR THE REQUEST.
SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESSORY
STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR
DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE.
A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION.
IF THIS APPLICATION IS GRANTED BY THE B OARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR
PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1)
YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID.
APPLICANT'S SIGNATURE: DATE:"
PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT
COURT.
PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205
CITY HALL, 801 MAIN STREET
FILE NUMBER BEAUMONT, TX 77701
DATE RECEIVED: A P.O. BOX 3827 77704
RECEIPT NUMBER: (409) 880-3764 FAX (409) 880-3133
VARIANCE APPLICATION FORM
BEAUMONT, TEXAS
The Board of Adjustment has the power to grant variances where the following listed conditions have
been met. Indicate how your application meets each of these conditions in the space following each
condition. (The applicant has the burden of proof to demonstrate that all three of the conditions
necessary for a variance have been met).
Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the
Zoning Ordinance when the Board finds that all of the following conditions have been met:
CONDITION A: That the granting of the variance willnotbe contrary to the public interest. t
w t� A t��.y+ Pryiw-4y ow n,r�s
CONDITION B: 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 physical condition unique to the specific piece of property in question.
"Unnecessary hardship" shall mean physical hardship relating to the property- itself as distinguished from
a hardship relating to convenience, financial considerations or caprice, and the hardship must not result
from the applicant or owner's own actions.
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CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
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I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's
signature: Zai / mss" 4-` Date: �" / •--��
Phone Igo %C�f3 'J?� �g FAX #CV d
.1 '
�_ r 4L
FLOT
FLAN
SCALE 1 11
= 20 �-0"
LOT 3
SLK 3
38?%5 CENTRAL
POINTE' DRIVE
POINTE'
FARK
0 ro0,00,
File 735 -BA: To consider a request for a Variance to the minimum rear setback
an RM -H (Residential Multiple Family Dwelling -Highest Density) District fn
25' to 15'.
Applicant: Baxsen Builders, L.L.C.
Location: 3855 Central Pointe
0 100 200
1 1 1 1 Feet