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HomeMy WebLinkAbout749-BADATE: November 7, 2019 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request to allow a Variance to the minimum rear setback from 25 feet to 15 feet. FILE: 749 -BA STAFF REPORT Ashraf El Houbi is requesting a Variance to the rear setback. for the property located at 10 Stonebrook Court. The property is zoned RM -H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback. The applicant is the homeowner and is applying for the variance in order to fit a new construction home on the lot. 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 15 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 10, Brownstone Park, Beaumont, Jefferson County, Texas, containing 0.142 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Ashraf El Houbi PROPERTY OWNER: Ashraf EI Houbi LOCATION: 10 Stonebrook Court 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: DRAINAGE: Highest Density) 0.142 Residential X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RM -H (Residential Multiple -Family Dwelling - Highest Density) RM -H (Residential Multiple -Family Dwelling - Highest Density) RM -H (Residential Multiple -Family Dwelling - Highest Density) RM -H (Residential Multiple -Family Dwelling - Highest Density) Stable Area Stonebrook CT - Local street with a 35' right-of- way and 20' pavement width. Curb and Gutter 8" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' AKHTAR NAEEM & WASEEM ALI LIAQAT & RUBINA YOUNUS BEAUMONT HOUSING AUTHORITY BROWNE SCOTT W DONNELLY JOSEPH J HOUBI ASHRAF EL JEFFERSON COUNTY D D 6 LE PHUC NHAT LIMBRICK RANDI & RAINE NGUYEN LIZ NOVELLI WILLIAM J JR PHORAT DEVELOPMENT LLC RIVERA JULIAN SMITH JUANICE WILLIAMS ERIC G & RHONDA C BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal (variance () 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: - I /— APPLICANT'S PHONE NUMBER: o6k) 14 9- q 00 NAME OF ADDRESS OF LOCATION OF PROPERTY: I LEGAL DESCRIPTION OF PROPERTY: I AX #: LOT NO.j OR TRACT BLOCK NO. ADDITIONZ�OV`4 n�M�()f \)W y_ NUMBER OF ACRES 0 , i 4 '. PLAT SURVEY NUMBER OF ACRES - 7v� 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 LETTE# STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST. SUBMIT SHE PLANISHOWING 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 BOARD, JUNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PE 0 BY THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SI DATFi: *4q PLEASE NOTE: THE COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: -i LAA - BA DATE RECEIVED: l0 RECEIPT NUMBER: 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 4720 Fieldwood Ln Beaumont, TX 77706 10/18/2019 Dear Committee members nfthe city nfBeaumont: We are requesting reduction of the variance because of the size of the house and the size of the land. T he lot is not big enough to have that size house if the variance will not be reduced.. I have a big size family and we needed that big house and that is the reason are building two story house. Your approval will begreatly appreciated, vvehope that you consider it. Thank you oomuch for your help and cooperation . S AshrafE � I /-? - ) 00 / 2 ~ \ / \. 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. Ila 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 oym actions. 61-t1 C'rZ CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. /+ f � Jo 1� cam'. ,,- U (�.K � CL IV\,� va,_V dIll-ca I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Date: - M1 Phone # v c'+V 7 i r 1 Q!_� FAX # o � 8 I . 4 'LOT PLAN SCALE 1 " = 20'-0" *` la STONEBROOK STONEIB BOOK Lai 6� -oil .n IL INCa SET SAC O O 25' , U LpINCx SET BACK YE' I s 15.95°