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HomeMy WebLinkAbout459-BADATE: July 5, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the side yard building setback regulations of Section 30-25 B. 1 for property in an RS (Residential Single Family Dwelling) District. FILE: 459-BA STAFF REPORT Mr. and Mrs. Matlock moved into, the one-story brick home at 6020 Chisholm Trail in 1978. The lot measures 80'x 125, There is a garage built into the north side of the house. They wish to construct an unenlcosed carport next to the garage. The carport will be 13'6" wide and will extend to the north property line. The house next door is 5 feet from the property line, The house faces west. The Matlock's daughter is permanently confined to a wheelchair. She has a specially equipped van which she currently parks in the driveway of the home. There is a door on the north side of the garage.. The proposed carport will allow her to exit her vehicle and enter the garage and into the living area of the house without being subject to bad weather conditions. The applicant has 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 27 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 7, Block 2, Northgate Addition, City of Beaumont, Jefferson County, Texas, containing 0,23 acres, more or less, 10931 Hoelemay Dr. P.O. Box 21064 Beaumont, Texas 77705 Usfi PHONE (409) 794-2229 Fax (409) 794-2143 PAGER (409) 6S4--8746 EmAn juFBEu@wG=NEr.ATr.m 6/15/01 Planning Division, Room 20�5 City Hall, 801 Main Street Beaumont, TH 77701 R: Request for a variance to the 5 foot side yard setback requirement of the City Zoning Ordinance. Sweel-flially to reauestotowner of lzroperty bg p1lowed to pursue the eanstructiooft e corAort all ag7raafsift o se entirely to the 11roperty line oL al close as Possihie on the agrage side of he -us ***See attAched atilt prepe�� *** Owner. Robert C. and Polly Matlock fiddress. 6020 Chisholm Trail, Beaumont, TX 77708 Location of Property: 6020 Chisholm Trail, Beaumont, TX 77708 TO WHOM IT MRY CORCERR: On behalf of the Mattock family, 1, Jeffrey Bell, sole owner of Classic Carpentry, am requesting that a variance to the 5 foot side yard setback requirement of the City Zoning Ordinance be considered due to the following circumstances of the above mentioned Matlock family. This variance Is desired due to the fact that the Matlock's have a daughter that Is confined to a wheelchair. The van that she currently drives Is specially equipped to allow her to drive on her own and enter and edit the vehicle on her own. The equipment' that allows her to do this requires more space that a normal van. Under the present conditions at the home, she is restricted to parking on the driveway In front of the garage without the benefit of a roof to protect her. This Is especially undesirable during bad weather conditions. It would greatly benefit her to have the attached, covered carport that I am proposing to build for the Matlock family. This would 10931 Hoebemay Or. P.O. Bore 21064 Beaumont, 'ferias 77705 OSH allow her to enter and exit the uan in a couered area and allow her to go through the garage from this area through the door that already exists on the outside wall of the garage and on into the house. t appreciate your consideration of this request. Sincerely, Jeffrey Bell and Robert 6 Polly Matlock. IN 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 othenvise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Condition A: we do not feel that the granting of the variance that we are requesting wi'II in any way be contrary to the public Interest. we do not believe that this will cause anything undesirable or negative to the public. Condition B: we do not believe that the construction that is pending should this variance be granted, will cause any unnecessary hardship due to the physical structure or design. The owner of this property is most definitely not desiring to construct this carport for convenience or financial considerations as this will be a costly procedure. He desires this only for the benefit of his daughter as explained In the previous letter. She drives a van that Is specially equipped for a handicap person. This van when opening for her to enter or exit will only fit in a 2 car garage if there are no other vehicles in the garage. Therefore, this would mean that 1/ 2 of the existing garage would have to remain vacant and not be used at all In order for the specially equipped van to be used. The owner simply desires a means to accommodate his daughter and still have use of the garage for other vehicles. Condition C. we believe that by granting this variance, the spirit of the ordinance will most definitely be observed and that it will have been granted for a very justifiable cause. n t4 ct ir- N V_ f7- ­4 C61 U-rl Lrry 7 F;AT 10 El 00 LP F 777] P_ CH I H C> L—M A L_ L_ 0 _r 7, 15 L_ K -a W IIJ EEK R(D 3 t:—rTZ-r C -rC) kJ M A-r(_QC_ V_ VCDL-. cn, F$4,,Gj E: I Cv 4-� M. rDF F_ I I do hereby certify that I have ?repared this plat from an actual and accurate survey of the land and -that there are no encroach- nents I on the property at the time of this survey. iegised Public Surveyor #1304 25' E5I'L(::)IIQG LAUwr= 11M 7 BILLY J. HOWELL Consulting Engineer 85 Interstate 10 North Suite 105 Beaumont, Texas 77707 I AVM-... FILE 459-BA: Request for a variance to the setback regulations for a side yard NORTH building setback regulations for an addition to a single family residence in the RS (Residential Single Family Dwelling) district. Location: 6020 Chisholm Trail SCALE Applicant: Robert C. Matlock, et. ux. lot OECD 0 Wp IS 56 At fe or 126 N7 V owo %% t fo 9/6 S EC 10 JW .06 1P. M. P jaw X.A 141 it M 4 2 LU z c� 4 0 4 5 0 co /10 44 1p 2 /Z 5 /4*0 SrA rE to$ N ey 1 60 to 60 lb -n L I HIGHWAY 105 50 1AW AXF 1AV MW Me! IN tv GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Robert C. Matlock PROPERTY OWNER: Robert C. Matlock, et ux LOCATION: 6020 Chisholm Trail EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.23 acres, more or less EXISTING LAND USES: One-story residence on platted lot. FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residence RS (Residential Single Family Dwelling) District EAST: Residence RS SOUTH: Residence RS WEST: Residence RS COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: Chisholm Trail- a 60'wide street right-of-way with a 26wide pavement, DRAINAGE: There is an 18" storm sewer in Chisholm. WATER: There is a 6" water line in the street. SANITARY SEWER SERVICE: There is an 8" sanitary sewer in the street. FIRE PROTECTION: Fire protection is provided by Station #8, 6297 St. Hwy. 105 at Lampman. ADEQUACY OF SERVICE: Services are adequate.