HomeMy WebLinkAbout663-BA
DATE: April 4, 2013
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a variance to the minimum rear yard building setback from
2.5' to 0' for an accessory structure.
FILE: 663-BA
STAFF REPORT
Justino Jaimes, owner of the home at 2525 Rusk Street, is requesting a variance to the
minimum rear yard building setback for accessory structures from 2.5’ to 0’. The property
is in an RS (Residential Single Family Dwelling) zoning district. The accessory building
has already been constructed and crosses his property line and into the City’s 20’ alley
right of way behind his parcel.
City Ordinance states that:
“In residential districts one-story, unattached accessory buildings or structures less than
twenty (20) feet in height may be located to within two and one-half (2-1/2) feet from an
interior side yard or rear yard property line” (Chapter 28 Section 28.03.024 (c)(1))
Because the building crosses the property line, the rear yard setback would need to be
eliminated in order to accommodate the placement of the building.
Mr. Jaimes notes that he constructed the accessory building, which contains two
bedrooms, a laundry facility, bathroom, and small living room area, in the
misunderstanding that the fence line was built at his property line. With this mistaken
understanding, he located the building approximately 6 ½’ from the fence in the rear of his
property.
Mr. Jaimes further notes that the demolition of his building will result in hardship to
himself and his family. It will be expensive to remove/remodel the building to allow for the
legal setback, and the project has already cost Mr. Jaimes $20,000 (approximately half of
the total cost of the project).
Mr. Jaimes also notes that the only utility currently utilizing the rear alleyway is the City’s
sanitary sewer, and that encroachment into the easement will not conflict with the use of
the utility. The City’s water and sewer department has been out to the site and has noted
that the structure will not directly impede the service of the sanitary sewer lines in the
area.
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 30 .
Responses in Favor . Responses in Opposition .
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Justino Jaimes
PROPERTY OWNER: Same
LOCATION: 2525 Rusk
EXISTING ZONING: RS (Residential Single Family Dwelling)
PROPERTY SIZE: 0.125 acre, more or less
EXISTING LAND USES: Residential
FLOOD HAZARD ZONE: X
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
STREETS: Rusk Street – Local Street with a 60’
right-of-way and a 30’ pavement width
DRAINAGE: Curb and gutter
WATER: 6” Water line
SANITARY SEWER SERVICE: 6” Sanitary sewer line
PROPERTY OWNERS
BONNER LARRY A
BURROUGHS DANIEL CLYDE
CASTELAN JORGE
GARCIA HORACIO
GONZALES NELLIE
HEARTFIELD RICHARD & ANNA
HERNANDEZ JAVIER
HINTON HAROLD D
JAIMES JUSTINO ET UX
JOHNSON CELESTE V
JONES PATRICK M
KOJAK P T & CATHY
LUNA ALEJANDRO & NATIVIDAD
PATERNO PABLO & HILDA
PATILLO ROBERT L
RICHARD IDA
RICHMOND MARY
RILEY LEONARD G & CONNIE FAYE
SFEIR BASSAM M ET UX
SMART APARTMENTS LLC
SOUTHEAST TEXAS COMMUNITY
TAYLOR MELVIN & ROSALAN F
TAYLOR MELVIN & ROSALAN FAYE
UNION PACIFIC RAILROAD CO
WAYMAN DON N & SHARON
WILLIFORD BILLY GENE
WRIGHT NATHAN E
WRIGHT NATHAN E
WRIGHT NATHAN EDWIN
WRIGHT NATHAN EDWIN