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HomeMy WebLinkAbout454-BADATE: July 5,2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a special exception to allow the construction of a two-story home on a comer lot in the RS District. The applicant proposes a 12'6" building setback instead of 15' as required on the street comer side. FILE: 454-BA James and LeNell Segura have purchased a 50' x 150' comer lot at the northeast comer of Terrell Avenue and Sixth Street. Lot No, 11 (330'x 11 0'), Block 5, Fourth Street Acres is divided into four parcels. The proposed two-story residence will provide a TV interior side yard and a 12'6" setback on the Sixth Street side. The regulations of Section 30-25 B. I require a 15' exterior side yard when the lot backs up to a side yard. Only 10' is required if the lot backs up to a rear yard. A special exception may be granted if the subject lot is a comer lot and the special exception will not adversely affect the value and use of adjacent properties or be contrary to the public interest. The applicant has the burden of proof. Exhibits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 19 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION The west 50'of the south 150'of Lot 11, Block 5, Fourth Street Acres Addition to the City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less. THIS REQUEST IS FOR A YARD EXCEPTION ON CORNER LOTS, WE REQUEST THE MERCY OF THE BOARD FOR THIS EXCEPTION ------- TAMES & LENELL SEGURA, OUR PROPERTY IS 50'X 150' OUR HOME PLAN IS 30' WIDE X 32' LONG BECAUSE IT IS A TWO STORY HOUSE. ---`ATE NEED 2".6 ---- TWO FOOT AND SIX INCHES -- OF THE REQUIREMENT OF THE 15' AT THE CORNER OF SIXTH STREET & TERRELL STREET WHEN WE DREW UP OUR PLANS WE WHERE LOOKING AT THE 5" CLEARANCE FROM THE NEXT LOT ONLY TO FIND OUT LATER THAT IN ORDER TO BUILD A TWO STORY HOME AT THE REQUIREMENT OF 7' 6" IT OFF SET US BY 2'6" . THIS IS OUR DREAM TO BUILD OUR HOME BACK IN THE COMMUNITY WHERE Y WIFE WAS RAISED, THE ENGINEERING & CLOSING ON THE FIANI+CIN+G IS COMPLETED & SIGN. WE ARE HOPING THAT BY BUILDING OUR HOME ON THIS LOT IT WILL ENHANCE THE COMMUNITY BY ADDING VALUE TO THE AREA. WE HAVE BEEN CITIZENS IN BEAUMONT ALL OUR LIVES . I HAVE BEEN EMPLOYED WITH BEAUMONT MUNICIPAL TRANSIT FOR 21YRS, I AM ALSO THE LOCAL PASTOR OF' WEST OAKLAND BAPTIST CHURCH FOR 9 YRS. MAY GOD BLESS YOU & KEEP YOU. SINCERELY, REV.IAMES SEGURA 0 1. INDICATE WHICH SPECIAL EXCEPTION IS BEING REQUESTED: To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (b,. i) An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations. (b.2) V A yard exception on corner lots. (b.3) An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. (b.4) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regulation. (b.5) An exception from a minimum interior side yard setback requirement for owner identifications signs for existing businesses which were developed prior, to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign, building, or outdoor display area. (b.6) An exception from the minimum side yard setback requirement where a nonconforming building, was in existence at the time of the passage of this ordinance. (c.) To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. (d.) To grant an exception for ten (10) additional feet in height for an advertising sign, when in the Board's judgement, the sign at a lower height will block an existing sign or structure from view or itself be blocked from view. 2. SUBMIT A LETTER EXPLAINING WHY THE GRANTING OF THIS SPECIAL EXCEPTION BY THE BOARD OF ADJUSTMENT WILL NOT ADVERSELY AFFECT THE VALUE AND USE OF ADJACENT OR NEIGHBORING PROPERTIES OR BE CONTRARY TO THE PUBLIC INTEREST. The applicant has the burden of prooL APPLICANTS SIGNATURE:-_td., —.,DATE: 43461 FILE 454-BA: Request for a special exception to the building setback regulations for a NORTH residence in the RS (Residential Single Family Dwelling) district, on a corner lot. Applicant is asking for a 21611 setback variance for a 12'61' setback instead of the I5T011 required. SCALE Location: N.E. corner of 'Terrell Ave. & 6" St. 111=2001 Applicant: James C. and LeNell R. Segura i At AM PRAME AVE. AAq • W SIGHT 0A 4 14 If to 14 ilQ '-.TERRELLAVE. l go -7, r 4 20 10 to. ,V go er 0 f, 10 33 y Aj 53 -.1 _I - .. -; *V r A ley dl� ELLAVE ROCKW. a C top MawMik 1 Lil, MAZ /0 A . dO 50 so If 'go I= 5// 9 60 IV I &W . I WASHINGTON AVE. M2UMAM 0 VV n 5tv L."Me AO 60 �10 30 40 3 4 1 '0 4F I S I /0 0. -Z (35 OROrHY W 0 Isa7 AVE Sr-Vpqjj4.*1 I I DOROTHY AVE, 60 40 414!�.J Af6 r r -EH X X. gg Dj- GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mr. and Mrs. Segura PROPERTY OWNER: James Carter Segura, Sr. and LeNell Ruth Segura LOCATION: Northeast comer of Terrell and Sixth Street. EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.172 acres, more or less EXISTING LAND USES: Vacant tract FLOOD HAZARD ZONE: "'C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residence RS EAST: Residence RS SOUTH: Residence, church RS WEST: Residence RS COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Terrell Avenue - 60' right-of-way with a 20' pavement. Sixth Street - 60'right-of-way with a 20'pavement. DRAINAGE: Open ditches and culverts in Terrell and Sixth Street. WATER: There is a 6" water line in Terrell and a 2" line in Sixth Street. SANITARY SEWER There are 18" sanitary sewers in Terrell and SERVICE: Sixth. GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #10 3855 Washington Boulevard. ADEQUACY OF SERVICE: Services are adequate.