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Home My WebLink About745-BADATE: October 3, 2019 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request to allow a Variance to the front minimum setback from 25 feet to 5 feet. FILE: 745 -BA STAFF REPORT Wayne Sheffield would like to construct a carport in the front yard of his home located at 7750 Chelsea Place. The applicant is requesting a Variance to be able to build the carport approximately 5' from his front property line. The applicant's home currently has a garage. The Ordinance states in Chapter 28 Zoning, Area and Height Regulations: "(c) Area and height exceptions. 13) Where an existing residential structure does not contain a garage or carport and where there is not adequate area for an accessible parking space behind the front yard area, a carport having no side walls may be constructed in the front yard area. 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; 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 hardship 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 actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 21 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 10, Block 1, Regency Park Addition, Beaumont, Jefferson County, Texas, containing 0.231 acres, more or less. ZMA7 ►,M:u: B►r APPLICANT: Wayne Sheffield PROPERTY OWNER: Wayne Sheffield LOCATION: 7750 Chelsea Place EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: —0.231 acres EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area STREETS: Chelsea Place - Local street Cul-de-sac with a 50' radius and 30' pavement radius. DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BURNESTON DEBORAH SUSAN HAMILTON VIRGINIA (LIFE ESTATE) & HAMILTON VIRGINIA R BEST SHEFFIELD WALTER WAYNE FONTENOT KATHLEEN & HOWARD JR JACKSON RONALD & STEFANIE A SARGL MICHELLE J STEVENS TAYLER RENEE MANDERS PATRICK MANESS BARBARA R HAN MEI & EAST THEODORE R ET UX SIERRA ELLERY COLON & MORRIS EMILY BONVILLION CODY LEGER CRYSTAL D & CHARLES W WALKER III MCCOY SHAWN D & THERESA LENS NOLEN KELVIN M & TRINA BOYKIN JOHNSON GAIL H DUPLANTIS RAYMOND GETZ MICHAEL DAVID BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal N Variance () Special Exception Complete the appropriate soplemental application form depending on which box is checked and include it with you Application. APPLICANT'S NAME AND ADDRESS: APPLICANTS PHONE NUMBER: j 9 - FAX NAME OF OWNER: 1j)A VA -qllo-lk 0-/ d I k I ADDRESS OF OWNER: gq,,-,o Nelne.A Pf LOCATION OF PROPERTY:— Aon 1-n � LEGAL DESCRIPTION OF PROPERTY: LOT NO.J OR NUMBER OF ACRES TRACT 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. 11� 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. Ak 7rA PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BYTHE BOARD, JTINDERS TAND 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: - W 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: -4 L6► DATE RECEIVED: RECEIPT PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 September 11, 2019 Board of Directors City -of-Beaumont To the Members: My name is Wayne Sheffield. I live at 7750 Chelsea Place and I would like to build a carport in front of our double garage. The carport would be four posts, open sided with a composition shingle roof. In order to get a permit, the ordinance says the posts have to be fifteen feet from the property line pin. In the event I can build the carport, I need a variance of five feet. The property is located on a cul-de-sac and has a fifteen foot right -a -way easement. If built the post would be five feet from easement and twenty-one feet from the cul-de-sac. (drawing attached) I also -have a picture of the carport and a picture of the front of the house. I have spoken with my neighbors and they have no objections. The reason I'm asking for this is because of the cul-de-sac. If -the street was straight , I would not need the variance. Thanks for your consideration, 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 will not be contrary to the public interest. hb fitve.,C- 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. CONDITION C: That by granting the variance, substantial justice will be done. the spirit of the ordinance will be observed and I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE. CONDITIONS STATED ABOVE. Applicant's signature:_ , w, Date: Phone #_ 10 1) 1t g FAX 4 I >lv v , , — I ii e t IV, mn orl. FFm EiC,YC: is P, ' _ "" _r`SS-x'tFr �Sr :,•rrc� t�.� :iJ�K.F.i CSS FC,7C2C1—''� } S `' _ :.._._:—___ .____ ___— ._— '.'f?C9 �rA^_?_ fC9PR-7V[' 1F?C1B C0C7 UFiCCc'.__------'_--' , 1�+i •� :_=ft i>CCt C'. iyS GG-- ... ..... .... :5 i.-.._. >!t:ir'_..._._.._ � GN'i'E dit? . C yam^ P.E'd SBE'py�3LIC 17 . 5i}t" rr [1 F.'•`Ca .ANO 5WUS7i.i TO, OEFOt7:? :^.; ;. g: C3•-:7 e5 ..?`:' PU^•c_etc,,iFy ! �:F? t c':.: 5 Y[C; riY Cir•, •. �' C a !^^y: _..',,.� e``:. —COF 1N7Y, '7ri;.`:5, Z'n;,', IN 11NF7 COQ 745 -BA: Consider a request to allow a Variance to the front minimum 25 feet to 5. licant: Wayne Sheffield ition: 7750 Chelsea Place 0 100 Feet