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Home My WebLink About755-BADATE: June 18, 2020 TO: Board of Adjustment FROM: Katrina Purcell, Planner 1 SUBJECT: To consider a request to allow a Variance to the minimum front yard setback from 25 feet to 17.9 feet. FILE: 755-BA STAFF REPORT Quenten Pete has applied for a variance to the minimum front yard setback for the property located at 2075 South Street. The property is zoned RM-H (Residential Multi -Family -Highest Density) and - therefore requires a 25 foot front yard setback . The applicant is requesting to demolish the existing front porch and rebuild it. The new porch will be 17.9' from the front property line and requires a variance to allow it. 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 19 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 5, Block 10, Parkdale, Beaumont, Jefferson County, Texas, containing 0.161 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Quenten Pete PROPERTY OWNER: Quenten Pete LOCATION: 2075 South Street EXISTING ZONING: RM-H (Residential Multi -Family -Highest Density) PROPERTY SIZE: —0.161 acres, more or less 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. RM-H (Residential Multi -Family -Highest Density) EAST: Industrial HI (Heavy Industrial) SOUTH:, Residential RM-H (Residential Multi -Family -Highest Density) WEST: Residential RM-H (Residential Multi -Family -Highest Density) COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: South Street —Non -Major Street with a 60' right-of-way and 25' pavement width. DRAINAGE: Curb and Gutter WATER:- South Street - 8" water line SANITARY SEWER SERVICE: South Street — 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' ALVAREZ-CASILLAS IGNACIO ARELLANO FRANCISCO COFFMAN HARVEY DUANE COOK JAMES H ESTATE DYNAMIC AND LIMITLESS LAMA JOSE & CARMEN B GOMEZ JOSE HUMBERTO MEZA GOTH E M ELVIA HERNANDEZ SERGIO & MARIA JACKSON MARGIE ESTATE LAMAR DEV CORP OF BMT PINKSTON RICKY EARL RATHORE DALIP S RODRIGUEZTORRES SPEAR TEOFILA C WASHINGTON LIVINGSTON J BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal U,Variance () Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with Your application. APPLICANT'S PHONE NUMBER: q () " J " B FAX #: NAME OF OWNER: olfk�e e�� a ADDRESS OF OWNER: � c. LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. 0 F ADDITION A NUMBER OF ACRES b-� OR 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. 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 BOARD, I UNDERSTAND THAT ALL PER1,4ITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISSION BY24& THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATURE: a DATE: 9'�" �- 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: DATE RECEIVED: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 4/8/20 I NEED TO REPLACE THE PORCH AT 2075 SOUTH ST BEAUMONT TEXAS 77701..THE CURRENT PORCH ISNT SAFE FOR ANYONE TO WALK ON..THE BOTTOM HALF OF THE STEPS IS ALL BROKEN AND THEY DONT COME UP HIGH ENOUGH FOR SOMEONE TO STEPDOWN WITHOUT FALLING OR HURTING THEIR ANKLE ... I ATTACHED PICTURES QUENTEN PETE 4/8/20 409-223-4148 R VARIANCE APPLICATION FOI y . , r 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. 117 -e 6-h 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. s On W�- )46 sa ire 'fit W) - e- 400 P, a t'�i n u,�--fe- 6( Out a p � ', - 6490p , CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. 40V,0*1izy ITICe, I HEREBY ATTEST THAT, STATED ABOVE. hit vz tz y ho v4e— , Merl n rely 1 A-1 TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS APPLICANTS j� ,, SIGNATURE: OLAVNJV�$�,�7(Je- Date: Phone Number:-9 00 - aO,9)- Fax Number: o Set copped iron rod stamped ACCESS SURVEYORS" 20' alley (unless noted otherwise) pound Found I. Pipe N 89'53'32' E 50.00' 1/2' Rod N 89°09°48' E 50.07' Lot 5 Block 1® 25' building setback line � c m � UI U o ° •• � concrete " y driveway c . b n c. AI oOo�- a Y' Lot 4 I Lot 6 cl h O h O ,O e oC 19.6' to C 13.1' N w single story N residence 2.l' on piers 4.5 o . 30.6' 25' building setbock line Found concrete proposed 1/2' Pipe driveway porch i 17.9 Found L 1 1 Pinched Top Pipe S 89'53 32' EY 100.00, S 8953'32' W 50.00' Found N 89 30'49' E 50.05' 1/2' Rod .South Street (60' R.O. w.) Surveyor's Notes: (1) This survey was completed without the benefit of a title commitment, and not all easements or servitudes, whether of record or not, were researched at the time of this survey or shown hereon. (2) All bearings are grid, based on the Texas Coordinate System of 1983 (NAD83), South Central Zone. PREPARED EXCLUSIVELY FOR: QUGddten Pete, Sr. SCALE: 1 " = 20' 1, Scott N. Brockin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my knowledge and belief. Survey Dated: March 23, 2020. The subject tract being located at; 2075 South Street, Beaumont, Texas 77701 and being described as: Lot 5, Block 10, Porkdole Addition recorded in Volume: 1 Page: 122 of the Plot Records of Jefferson County, Texas H w E (E.F.!F Subject Property located in Flood Zone: X % J�QP ��STFRfi ?yam Community Panel No, 4854570020 C FIRM Dated: August 6, 2002 :............. SCOTT N BRACKW Commercial - Industrial - xrztial ' A 6850 11025 Old' Voth Road - Beaumont, TeTexasas 77713 f9,y °FEsstio�''�O� Telephone (409) 838-6322 Facsimile 838-6122 l7 SUR\� www.occess-surveyors.com § rpls5163®aoi.com Scott N. Brockin File: 2020233_PLATF1rm No. 10136400 Technicion: CR (SeoQ Registered Professional Land -Surveyor No. 6650