HomeMy WebLinkAbout727-BA
DATE: April 5, 2018
TO: Board of Adjustment
FROM: Adina Josey, Senior Planner
SUBJECT: To consider a request for a Variance for an appeal of a determination made by the
floodplain administrator regarding substantial damage.
FILE: 727-BA
STAFF REPORT
Raymond C. Robinson has made a request for an appeal to the substantial damage determination made by
the Floodplain Administrator. The property is located at 11375 Best Road.
The house received damage during Hurricane Harvey. The property is located in Flood Zone “AE”.
Flood Zone “AE” is a special flood hazard area inundated by the 100-year flood. Regulations state that if
a structure located in Flood Zone “AE” is substantially damaged, then it must be elevated 1.5' above the
Base Flood Elevation (BFE) before any repairs can be made. The BFE in this area is 17.8' above mean
sea level. This would mean that the lowest floor of the house must to be elevated to 19.3' to be in
compliance with current regulations. An Elevation Certificate dated 4/18/2001 was submitted for the
property showing a lowest floor elevation of 18.8 feet.
After Hurricane Harvey, the Federal Emergency Management Agency (FEMA) sent representatives to
inspect flooded structures in our floodplain and made a determination that the structure was substantially
damaged. Substantially damaged is defined as damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
In this particular case, FEMA's damage calculator determined that the computed actual cash value of the
house is $183,245.60. With computed damages of $99,388.52, the structure damage was calculated to be
54.2% .
Mr. Robinson hired his own contractor to inspect the house for substantial damage. His contractor had
determined that the house has not received substantial damage as defined. Mr. Robinson’s contractor
calculates a damage estimate of $118,900.00. A new pre storm appraisal of the structure was performed
as well, finding the market value to be $240,00.00. Therefore, Mr. Robinson is appealing the City’s
determination of substantial damage. Which interpretation is judged to be the most correct will determine
whether Mr. Robinson has to elevate his house or not. It should be noted that Mr. Robinson's contractor
is not currently bonded with the City of Beaumont.
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 6 .
Responses in Favor . Responses in Opposition .
LEGAL DESCRIPTION
Being Plat RS 5, Tract 17A, Abstract 20, D. Easley Survey, Beaumont, Jefferson County, Texas,
containing 5 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Raymond C. Robinson
PROPERTY OWNER: Raymond & Eugenia Robinson
LOCATION: 11375 Best Road
EXISTING ZONING: RS (Residential - Single Family Dwelling)
PROPERTY SIZE: 5.0 acres, more or less
EXISTING LAND USES: Residential
FLOOD HAZARD ZONES: “X” - Areas determined to be outside the
100 & 500 - year floodplains.
"X" Shaded - Areas of 500-year flood; areas
of 100-year flood with average depths of
less than 1 foot or with drainage areas less
than 1 square mile; and areas protected by
levees from 100-year flood.
"AE"- Special Flood Hazard areas inundated
by 100-year flood; base flood elevations
determined.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant RS (Residential - Single Family Dwelling)
EAST: Residential RS
SOUTH: Residential RS
WEST: Residential RS
COMPREHENSIVE PLAN: Neighorhood Growth Unit
STREETS: Best Road - Local street with a 50' right-of-
way and 18' pavement width.
DRAINAGE: Open ditch
WATER: 30” water line
SANITARY SEWER
SERVICE: 12" Sanitary Sewer line
PROPERTY OWNER NOTICES SENT WITHIN 200'
LOWE EVALA DIANNE
MCCOY MARK JAMES & CAROL S
OKUN JOHNNY C
ROBINSON RAYMOND & EUGENIA L
TIUNO INVESTMENTS LTD