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HomeMy WebLinkAbout461-BADATE: November 1, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 10'landscaping requirement of Chapter 30-31(f) to allow a 5' landscape strip along the west property line at 1645 Delaware. IMENIZINWRIT.11 STAFF RE' PORT Albertha Mahoney, the applicant, plans to open a day care center at 1645 Delaware. The subject property is zoned General Commercial -Multiple Family Dwelling (GC -MD) District. The property to the west is zoned Residential Single Family Dwelling (RS) District. Therefore, an 8' tall screening fence and 10' wide landscape strip are required on the west side of the subject property, Ms. Mahoney intends to construct the 8' fence, but only has room to provide a 5' wide landscape strip. The existing structure sits 5' off the property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 22 Responses in Favor . Responses in Opposition VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) 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. PRE EXISTING CONDITION PROPERTY BOUNDRY WERE ESTABLISHED OVER 50 YEARS THIS IS A VERY OLD SUDDIVISON. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of cxccpfional 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. Property boundry is to narrow it is onely 5 feet and it will be wide enough for the privacy fence we do not have enough property for the buffer. Enforcement of this ordinance would enfringe on the aj'ac'en,t proporty owner property. CONDITION : That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The granting of the variance would allow the property owner to use the property for the up grading of the community and bring new buline8s in the community. Justice would done because it is not enough property and we wont to abide by the city ordinate to the best of our ability. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. 14J Applicant'ssignature ZVA Date: 16,�Ij2 r'�,59 Albertha Mahoney 5740 Springdale Beaumont, TX 77708 (409) 895-0854 October 10, 2001 To the Planning Division Room 205 City Hall 803 Main, St. Beaumont, TX 77704 My name is Albertha Mahoney and I'm applying for a variance at 1645 Delaware St. in Beaumont TX. I plan to open a daycare center but before I am able to do so, the City Ordinance requires that I have a 10 ft buffer installed that would include a privacy fence. Unfortunately the land is only wide enough for the privacy fence. We just don't have enough property to have a 10 ft buffer. I have my site plans showing the existing building and parking. The surrounding community and I would greatly appreciate your time and decision if I am granted this variance, Sincerely, Albertha Mahoney all lo 12 'rt M11Ip.��' �r..1' ,1 � s A" A -F1 0 - 01�" \' I i 1 !/ JN' J.f �7f 0era .� r.n + I + y, rjJA, ACNE , *SST to 0 V. 4 �'�1`L 'M 16 # 5"�qg to "r TULAN'E ST. 4 ' 5 s y ep 1 Q�C� SCJ 0 Ga sa - I 3rJ OAS f f! fN fr JAM `r t 0 Jo I Ja 1# AO 60 40 a jc) to USE 0 cc co 1 hZ a�, ew y G r No fN � to � f r e �a �, r I e N 0 lo it al yo # 64 e a f r 199 v 10 bd N AfJ + 1, AE MT REGENT ST. u 4111111D m u FAIR RpRV- l GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Albertha Mahoney PROPERTY OWNER: Mr. and Mrs. Howard Joseph LOCATION: 1645 Delaware LEGAL DESCRIPTION: Lot 4, Block 5, Gold Hill Addition EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: 0.16 acres, more or less Residential structure "C" - Minimal flood hazard zone SURROUNDING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District CC -MD GC -MD RS (Residential Single Family Dwelling) District Conservation and Revitalization None Delaware Street - a 60'wide secondary arterial with a 20'wide pavement. Gulf Street - a 60'wide major collector with a 20' wide pavement, DRAINAGE: Existing storm sewers WATER: Existing SANITARY SEWER SERVICE: Existing GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #2, Wilson at Ironton. ADEQUAC OF SERVICE: Services are adequate.