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HomeMy WebLinkAbout661-BA DATE: March 7, 2013 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for variances to the minimum side yard building setback requirement from 7.5' to 5.24' and from the rear yard building setback requirement from 10' to 7.84' FILE: 661-BA STAFF REPORT Darran Dollarhide has applied for variances to the minimum side yard building setback requirement from 7.5' to 5.24' and from the rear yard building setback requirement from 10' to 7.84'. The property st is located at 1030 21 Street. Mr. Dollarhide states that an original greenhouse building was built in 1953 when the house was built. The greenhouse was destroyed by Hurricane Rita. Following a complaint of work being done on a new accessory structure without building permits, the City made an inspection on September 16, 2009 and found that a two story accessory structure was being constructed without any permits and a stop work order was issued. On November 21, 2009, another inspection found work continuing and a second stop work order was issued. On May 10, 2010, the City sent Mr. Dollarhide a letter stating that the structure must be removed within 15 days in order to comply with the 2003 International Residential Code and the City of Beaumont Zoning Ordinance. On June 16, 2010, Mr. Dollarhide applied for a building permit to construct a one story accessory building. That permit was approved subject to meeting the 5' side yard setback and a 10' rear yard setback (which would keep the building out of the easement). In 2012, Mr. Dollarhide met with staff to discuss what he must do to bring his building into compliance. At that time, he was informed that he would need to get a license-to-encroach into the utility easement and get variances to the rear yard and side yard building setbacks. As part of the process, he got permission from Entergy to locate his accessory building within the utility easement. However, City Council must grant approval to officially encroach into the easement. 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 27 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Darran Dollarhide PROPERTY OWNER: Same st LOCATION: 1030 21 Street EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.31 acres, more or less EXISTING LAND USES: Single family FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area st STREETS: 21 Street - Local street with a 60' wide right-of-way and 26' pavement width DRAINAGE: Curb and gutter WATER: 6" SANITARY SEWER SERVICE: 6" PROPERTY OWNERS ALEXANDER AMELIA ASHAR ENTERPRISES LLC BEAN CHRISTOPHER LEWIS BENNETT RICHMOND O III BLUM KARLA S BOYLE DAVID GENE CHRISTOFFERS JANICE DANNA LEO PATRICK ET UX DAY ADAM CHRISTOPHER & DOGA DEWEY A JR & HELEN A DOLLARHIDE DARRAN B & FARHA JOHN & GLORIA ESTATE FORD CHERRY FUKES PAT HEARN DAVID W HERRERA JOE III & TAMARA A JOHNSON ROBERT L JR LAIRD TIMOTHY LEE WILSON K JR ET UX MALONEY MICHAEL J & TIFFANY NELSON THOMAS HARBERT HUNTER OZMUN CLIFFORD & MICHELLE PETIT MICHAEL S PROCTOR PAMELA WALTON SPARKS MICHAEL JR WHITE RODNEY P & ELIZABETH A WOLFROM STANTON R ET UX