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HomeMy WebLinkAboutFeb 2021 BOA Packet*AGENDA* BOARD OF ADJUSTMENT February 4, 2021 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:00 p.m. The meeting will also be broadcasted on the City's YouTube channel: https://www.youtitbe.coiii/cbannetfUCnY6nNk8zfXZulMv1zbwEBg *AGENDA* ROLL 0,AT.T. APPROVAL OF MINUTES Approval of the minutes of the meeting held August 6, 2020. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File PZ2021-10: To consider a request for a Variance to the required minimum side yard setback in R-S (Residential Single -Family) zoning, from 10, to 14. Applicant: Steven Odle Location: 5530 Sul Ross Lane OTHER BUSINESS A TVOT TRN Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES* BOARD OF ADJUSTMENT August 6, 2020 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on August 6, 2020 and called to order at 3:16 p.m. with the following members present: Acting Chairman Jeff Beaver Board Member Joey Hilliard Board Member Tom Rowe Board Member Lee Smith Board Members absent: Chairman Dana Timaeus Alternate Board Member Christy Amuny Also present: Katrina Purcell, Planner I Adina Josey, Senior Planner Tyrone Cooper, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Smith moved to approve the minutes for June 18, 2020. Board Member Hilliard seconded the motion. The motion to approve the minutes carried 4:0. Acting Chairman Beaver informed the applicant, Albert Leblanc, that with only four (4) members present, an approval would require a unanimous vote. He explained Mr. Leblanc's options of continuing the meeting with the members present or postponing to a future meeting. Mr. Leblanc chose to continue with the meeting. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:17 p.m. PUBLIC HEARING 1) File 757-BA: Consider a request to allow a Variance to the minimum rear yard setback from 25 feet to 4 feet and the minimum exterior side yard setback from 10 feet to 5 feet. Applicant: Albert LeBlanc Location: 2250 Angelina Street BOARD OF ADJUSTMENT August 6, 2020 Mrs. Purcell presented the staff report. Albert LeBlanc is requesting a Variance to the rear setback and the exterior side setback for the property located at 2250 Angelina Street. The property is zoned RM- H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback and a 10 foot exterior side setback. Minimum lot size for RM-H districts is 50 feet by 100 feet. The subject property lot size is approximately 50 foot by 80 foot, as it is irregularly shaped, as shown in the slide show. The applicant states that in order to build the house he needs for his family, a Variance to the minimum yard setbacks is required because of the lot size. This property is also located in The Oaks Historic District. The applicant previously applied for permission to build a house here and was approved. 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. Slides of the subject property, site plan, and surrounding neighborhood were shown. Fifteen (15) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and no responses were received in opposition. Discussion followed to clarify the dimensions on the site plan. The applicant, Albert Leblanc, addressed the board. Mr. Leblanc provided additional property owner notice responses, given to him by his neighbors. He provided an additional three (3) responses in favor of the request, thus bringing the total of favorable responses to four (4). Discussion followed between the applicant, the Board, and staff concerning the dimensions of the proposed home and patio and the City ordinances concerning patios. Board Member ,Smith complimented the applicant for trying to fiiriher improvements in the neighborhood and for his family. Further discussion followed regarding concerns about the visibility of the proposed home from the intersection and possible driving safety issues. It was noted that a standard front setback should help with the visibility. The public hearing was opened and closed without comment. 2 BOARD OF ADJUSTMENT August 6, 2020 Board Member Hilliard moved to approve the request allowing a Variance to the minimum rear yard setback from 25 feet to 4 feet and the minimum exterior side yard setback from 10 feet to 5 feet, as requested in File 757-BA. Board Member Smith seconded the motion. A roll call vote was taken. Acting Chairman Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board Member Smith -Aye, The motion to approve carried 4:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:31 p.m. DATE: February 4, 2021 TO: Board of Adjustment FROM: Demi Laney, Senior Planner SUBJECT: To consider a request for a Variance to the required minimum side yard setback in R-S (Residential Single -Family) zoning, from 10' to 1.4'. FILE: PZ2021-10 STAFF REPORT Steven Odle is requesting a variance to the side yard setback for the property located at 5530 Sul Ross Lane. The property is zoned Residential Single -Family (R-S) and therefore requires a 10' foot side setback on an exterior corner lot. The open-air carport will be tied onto the existing roof line and extend out 25'. The length of the carport will encroach approximately 8.6' into the required setback and be situated 1.4' from the side property line. 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 fi•om 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 28 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 9 and eastern 10' of Lot 10, Block 2 out of the Anderson Estate Addition, Beaumont, Jefferson County, Texas, containing 0.2755 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Steven Odle PROPERTY OWNER: Steven Odle LOCATION: 5530 Sul Ross Lane EXISTING ZONING: R-S (Residential -Single Family Dwelling) PROPERTY SIZE: —0.2755 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 R-S (Residential -Single Family Dwelling) EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Stable Area Sul Ross Ln - Local street with a 50' right-of-way and 25' pavement width. Williamsburg Ln — Local sheet with a 50' right-of-way and 25' pavement width. Curb and Gutter 6" water line 6" sanitary sewer Iine PROPERTY OWNER NOTICES SENT WITHIN 200' MALAIN JOHN M NEWTON JON R & CATHERINE P FETTEROLF DANIEL ALAN SMITH CHARLES N JR KIBLER MARTHA ESTATE ALAN CRAMER INVESTMENTS INC MCHENRY JIM & LISA BOLSER TROY D & KELLY L BALL JORDAN ALEXANDER BLACKSTONE STEPHANIE GIROD TERESA E & JAMES E FRUGE KEITH A & FRETZ ALIEN JR & PATRICIA CONWAY NANCY L TYNER RICHARD D JR TANNER KYLE W & DONNA R BOLDT BEVERLY CECILE SHERMAN PAULA ODLE CRAIG THOMAS STARR JUSTIN A BELL KATHY RENICK & JEFFREY W HILLIS SARA P RODRIGUEZ JOSE R & EMILY J LENERTZ VINCENT J ODLE STEVEN C ET UX FISHER ELIZABETH ANN BEHRENS PAUL DUDLEY JR ET UX VON NETZER MARY E F BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal (X) Variance () Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. APPLICANT'S NAME AND ADDRESS: Steven Odle 5530 Sul Ross Lane, Beaumont, Texas 77706 APPLICANT'S PHONE NUMBER: 409-781-1709 FAX #: nla NAME OF OWNER: Steven Odle ADDRESS OF OWNER: 5530 Sul Ross Lane, Beaumont, Texas 77706 LOCATION OF PROPERTY: 5530 Sul Ross Lane, Beaumont, Texas 77706 LEGAL DESCRIPTION OF PROPERTY: t.OT NO, 9 and E 10' of Lot 10 OR BLOCK NO, 2 ADDITION Anderson Estates NUMBER OF ACRES .2755 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 PERMITS NECESSARY FOR PROSECUTION OF THE WOR SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE 9,F PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. 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: ?7 doQ � 0) DATE RECEIVED: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 VARIANCE APPLICATION FORM BEAUMONT, TEXAS 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. My neighbors do not object to the building of a carport. 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. We need the variance to be granted so that our vehicles will be covered when getting the grandchildren in and out of our vehicles. In addition, since we recently laid a new driveway and do not want to add additional concrete to our yard, this is the best location for a carport. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. By granting the variance, we will build a carport just large enough to keep our grandchildren out of the weather elements. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. APPLICANTS SIGNATURE: Phone Number: 409-781-1709 Fax Number: nla uary 12, 2021 r of Beaumont Hi fining Division E;O i. Main Street, Suite 201 flip 1umont Texas, 77701 D,: ar Board of Adjustment, a n writing on behalf of Steven and Julie Odle in order that they may be granted a variance for the addition of a new carport to their existing residence at 5530 Sul Ross Lane. The owners are proposing to construct a carport so they will bq! protected from the weather as they get their grandchildren in and out of their vehicles. The Odles are proposing to build the new addition over the existing driveway. It will be large enough to cover two vehicles and will be a wood framed structure, tying directly into the existing roof. The carport will be designed using exterior materials that match or are similar to the existing residence siding and roof in order for a seamless transition between new and existing construction. In order for the proposed carport to be large enough to cover both the owners vehicles it will need to extend outside the required 10' side -yard building setback approximately eight to ten feet. In the Owners opinion, there is no other area on their lot inside the building,setbacks lines large enough to build a two vehicle carport that would not c6use them an additional financial burden of having to pave over a large area of their lot. The owners feels locating the proposed carport over the existing driveway will have the least impact to the site both visually and environmentally. The owner will not be adding new concrete paving visible from the street, nor will they be paving over any existing permeable surfaces, minimizing the increase of storm water runoff from their lot. Please see the attached site plan showing location of the proposed carport and its approximate size. We appreciate your consideration and time in reviewing our application for a variance. Sincerely, David Malain Malain Architecture + Interiors, LLC 9011E SMI'imOvinv3s 3.Vtl7 SON Ing "55 §§ - fit 31CIO 311nr'S N3ARS _ tx 01 Hal 98 s xQ N011lGGV IUDdHVD MIN WINI 51 All 0 a4 awl CUMM"IWA "�'�� IM— — 4�33700S173s"ii SnL8370be-- — � i � kJ1'eA34 gs�fA 337f4+2L — � t�eoac�3�nAwsaona i PZ2021-10: To consider a request for a Variance to the required minimum si setback in R-S (Residential Single -Family) zoning, from 10' to 1.4'. icant'. 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