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HomeMy WebLinkAbout741BADATE: July 11, 2019 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum rear yard setback in an RM - H (Residential Multiple -Family Dwelling -Highest Density) District from 25' to 15'-11". FILE: 741 -BA STAFF REPORT Sam Bevilacqua of Bevilacqua Construction is requesting a Variance to the minimum rear yard setback for the property at 3885 West Pointe Drive. RM -H (Residential Multiple -Family Dwelling -Highest Density) zoning requires a 25' rear yard setback. The applicant is requesting this Variance to reduce the rear yard setback requirement from 25' to 15'-11" in order to build a full-size attached garage with the house. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 21 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 1, Block 4, Pointe' Park, Beaumont, Jefferson County, Texas. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bevilacqua Construction PROPERTY OWNER: Sam Bevilacqua LOCATION: 3885 West Pointe Drive EXISTING ZONING: RM -H (Residential Multiple -Family Dwelling - PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE Highest Density) 0.164 acres Residential X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RM -H (Residential Multiple -Family Dwelling - Highest Density) 0051me WAVoi Neighborhood Growth Unit West Pointe Drive - Local street with a 30' right-of- way 0'right-of- way and 20' pavement width. Curb and Gutter 6" water line at West Pointe Dr 6" sanitary sewer line at West Pointe Dr PROPERTY OWNER NOTICES SENT WITHIN 200' BAXSEN BUILDERS LLC BAXSEN BUILDERS LLC BAXSEN BUILDERS LLC BEVILACQUA INVESTMENTS LLC BEVILACQUA INVESTMENTS LLC BEVILACQUA. INVESTMENTS LLC BEVILACQUA INVESTMENTS LLC BEVILACQUA INVESTMENTS LLC CHAPMAN LAUREEN MARIE GILBERT WILLIAM S & SUE E GUSEMAN CONSTRUCTION LTD GUSEMAN CONSTRUCTION LTD HUNG LE CUONG JAMES DAVID R & LINDA W JEFFERSON COUNTY D D 6 MERCER DANNY L N & N BEAUMONT LLC NNN FOLSOM LLC POINTE PARD HOMEOWNERS ASSOCIATION SALEME TOMMY J & BETTY JANE SALEME TOMMY J & BETTY JANE BOARD OF ADJUSTMENT APPLICATION FORM CITY OF 13EAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal XVariance () Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your "plication. APPLICANT'S NAME AND ADDRESS: &V1 APPLICANT'S PHONE NUMBER: Wj r5'3 7 6 13 FAX NAME OF OWNER: 50"04 &L/1`/`(j'"4j ADDRESS OF OWNER: 311 Da -1 le I LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR BLOCK NO. ADDITION 09AVT ro"yr F. -M. TRACT PLAT SURVEY NLM4BER OF 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 THEEXISTING 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 BOARD, 1UNDERSTAND 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: � ti L'q --� . DATE: 6-13-1 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: FILE NUMBER: A DATE RECEIVED: - �1- RECEIPT NUMBER: PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 %<�`" � J �` 4 fit- l/� �� � ter-ih^.- �, f� l �.-rr ��- �� r�r �,..�1 s jjff ��� `� L. tom- �.. y,. `e- `'"""� � '� ✓ Ff �-, f�'ti � � f� l� a.e � j� �� �� �/�2. t �� y� 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: T t the granting of the variance will not be contrary to the public interest. kv GJz % k 5 ill[� 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. I CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be donne. t� p a� e I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's C7— signature- "� Date: Phone # FAX # k » PROPERTY LINE � r PROPERTY LINE 741 -BA: Consider a request for a Variance to the required minimum real ick in RM -H (Residential Multiple -Family Dwelling) zoning, from 25' to 15' 11". scant: Bevilacqua Construction -ion:3885 West Pointe Drive 0 100 200 1 1 1 ► Feet