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HomeMy WebLinkAbout733-BA DATE: December 6, 2018 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum required rear setback from 25' to 12'. FILE: 733-BA STAFF REPORT Tommy Saleme & Rick Davenport have applied for a variance to the minimum rear yard setback for the property at 3865 West Pointe Drive. The property is zoned RM-H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback. In 2007 a plat was filed for Pointe' Park, a cluster housing development. As the market quickly changed, so did the demand for housing. In 2011 and 2013, several replats were filed creating standard single family lots for the west half of the original subdivision. These new single family lots vary in depth, some are 110 feet deep, some are 120 feet deep. The lots in question are 110 feet deep. Minimum lot depth for RM-H districts is 100 feet, so the minimum lot depth is not an issue. At least one house has been built, to code, on one of the 110 foot deep lots. Mr. Saleme has purchased two (2) of the 110 foot deep lots with plans to construct a new home across the two (2) lots. He claims that the lot is not deep enough to construct the home he desires. He would like to push the structure back on the lot to create a greater front setback, allowing a 40 foot setback from the front property line as opposed to the minimum 25 foot front yard setback. In doing so, he would need to reduce the rear yard setback from the required 25 feet to 12 feet. 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 18 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION Being Lots 3 & 4, Block 4, Pointe' Park Addition, Beaumont, Jefferson County, Texas, containing 0.328 acres, more or less GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Tommy Saleme / Rick Davenport PROPERTY OWNER: Tommy Saleme LOCATION: 3865 West Pointe Drive EXISTING ZONING: RM-H (Residential Multiple Family Dwelling - Highest Density) PROPERTY SIZE: ~0.328 acres EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RM-H (Residential Multiple Family Dwelling - Highest Density) EAST: Vacant RM-H SOUTH: Vacant GC-MD-2 (General Commercial Multi- Family Dwelling-2) WEST: Vacant GC-MD-2 COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: West Pointe' Drive - Local street with a 30' right-of-way and 20' pavement width. DRAINAGE: Open ditch WATER: 8" Water line SANITARY SEWER SERVICE: 6" Sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' CHAPMAN SHANE J HUNG LE CUONG N & N BEAUMONT LLC NNN FOLSOM LLC POINTE PARKWAY INVESTMENTS INC