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Home My WebLink About466-BADATE: November 1, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 2 1/2' side yard requirement of Chapter 30-25 (c) I to allow a 0' side yard at 2461 Rusk FILE: 466-BA STAFF REPORT Frances Baker, the applicant and property owner, is requesting a variance to the 2V2' side yard requirement for a cat -port that lines up with the existing driveway at 2461 Rusk in the Oaks Historic District, A dilapidated garage that sat on the property line was demolished and a new carport installed in its place. A concrete slab already existed. Ms. Baker also intends to build a garage in the rear yard. It will meet the required setbacks. 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 21 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 ivherc 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: C 0 N D 11: —10-�I�� That the granting of the variance will not be contrary to the public interest. CONDIT 0 B That literal enforcement of the ordinance: will result in unnecessary hardship because of exceptional narroivness, 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. CONDIT(LC.- That substantial jtt L Ic ) ill be done. by granting the variance, the spirit of the ordinance will be observed and I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABO)bE. Applicant's 2461 Rusk Street Beaumont, Tx 77702-2322 October 9, 2001 PLANNING DIVISION, ROOM 2005 CITY HALL; 801 MAIN STREET BEAUMONT, TX 77701 This letter explains the specifics of the application for a Variance on my property (RS Zone). At present, I have a permit to make exterior improvements and an addition for storage, parking for three vehicles, and a complete, redo of the deteriorated driveway. There was a garage at the rear of the property adjacent to an existing carport. The permit included dismantlement of the decaying garage and installing a carport cover on the existing concrete slab that was used as a garage. The concrete slab has been in existence for many years on the property line. The dual posts added for the cover for the carport in that space are outside of the 2-1/2 feet setback as required by code. The Variance is requested to allow a 0' from a 2-1/2' setback for the detached carport. Also, the driveway has a 0' setback from the property line because when the house was constructed many years ago, it was built on a wide horizontal plan that cannot accommodate a setback per code. The 0' setback for the carport is in a direct line with the driveway which would make for an aesthetically visual and practical placement for flow of the driveway to the parking area. As well, to remove the posts installed for the carport cover would result in having to park one of the vehicles with no cover and protection from the elements; and there would not be ample clearance of the two posts on the left side of the carport that is already in existence. I respectfully ask your consideration and variance of this code violation because the property is in desperate need of the improvements and it will greatly enhance the value and appearance of the property without infringing on the property next door. If there were a more feasible way to accomplish the improvement inside of code, it would be a priority item, but the option is simply not available. The contractor installed the carport cover with the drainage tilt to the rear of the carport, which is an improvement over the "A" design of the dismantled garage because of its close proximity to the property next door. Because the homes in the neighborhood were all constructed many years ago prior to the existing codes, they would all probably fall outside of code because the residences and/or driveways all encroach on the property lines. Again, your approval of the Variance is humbly requested, and if any further information is needed, please let me know, I have attached with this request the plan prepared by the contractor to secure the permit for the improvements to the property. Your truly, Frances Baker, Property Owner AttachmQAJN, (7) Proposal Proposal No. Two. FROM CUSTQ1,1 BUILDING and REMODELII%IG Sheet No. lot 4 by LEE Sidney Lee Fitch (Owner) J Date 8/8/01 Proposal Submitted To Work To Be Performed At Name its. Frances Baker Street 2461 Rusk City- Beaumont —State Texas I Dole of Plans_ Street 2461 husk City Beaumont State Texas Architect SjL.Fj. Telephone number 1-409-832-4214 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of The renovation at the Home on Rusk Street. This renovation will be made up of several sections. 1. The removal of the asphalt drive -way and the existing front side walks to be re laced with concrete. 2. The removal of the carport over this same drive -way, 3. 1he r moval of the wooden single garage that Is now at the rear of this same drive -way, 4, In- stallinE a single metal carport in the same area now occupied by this single garage, This Carport will match the single carport that now exists next to the single wooden garage, 5. Concrete will be installed in area directly behind the existing home and will adjoin the concrete slab that the single carport now sits on. 6. A garage will be built on this concrete slab and will be in alignment with the double carports. This garage will be ap- prox. 21.51 wide X28* deep. and will consist of a storage area along the side and rear, There will be t•.;o access doors to the storage from Inside the garage. There will be a co All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings Viand specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Sixteen Thousand six Hundred and Ninety Dollars. Dollars ($ 16, 690. 00 with payments to be made as follows: 70%_ 411,683.00 at the begining of the Contract. 30%- $5,007.00 Upon Completion of this Contract to the SATISFACTION of the Client and the Cantracto"pTu-s Ehe cost of the building permit$ and the parking pads. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work, Workmen's Compensation and Public Liability Insurance on above work to betaken out by Contractor, Respectfully submitted by Custom Building and Rein o,del I ng.. by Lee Per as agreement with the Client and Contractor, Note — This proposal may be withdrawn by us if not accepted within 30 cloys ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signature TOPS FORM 3450 1 LITHO IN U.SA. Sheet No. 2 of 4 Date 8J8/01 position roof on the garage and two ventilation vents installed. One at each lend of the ,garage. 7. There will be a new entry way designed and built on the front of the existing ome and a set of new steps,and a new sidewalk installed from the front step area to the ,iew concrete drive -may. There will be a set of handrails installed ob the new front en. trance. 8. there are to be 2 black pads (one under each carport) put dawn for the purpose of catching ails drips from vehichles. The price 4f' these pads will be added on to the end of the Contract. Anything that the Client wants to add to this Contract will considered an Option and will be added to this Contract in Contractor's handwriting. This will be inialed by the Client and considered part of the binding Contract. 1:v r, 717\��T mks .3 1 1 . Too I I a -1 -1, A? 10 AP --W- M 10 *.jj III a or S" 50 AR ANGELINA ST. AID SO so 50 so 0 41F 10 !0 wit ILI CL 0 0 AV At At AP M. 4 AP of AP Aff 17 0 0 6 2 to 14 9 to sr 50 RUSK ST. so so no ritIr oto j")" so $MA VT as 50 SMAR FA-L)WI-P1 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Frances Baker PROPERTY OWNER: Same LOCATION: 2461 Rusk LEGAL DESCRIPTION: Lot 6, Block 19, Oaks Addition EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 0.125 acres, more or less EXISTING LAND USES: Residence FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Vacant Ll (Light Industrial) WESTResidential RS COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Rusk Street - a 60' wide residential right-of- way with a 30'pavement. DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Existing storm sewers Existing Existing Fire protection is provided by Station #7, 1700 McFaddin. Services are adequate.