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HomeMy WebLinkAbout446-BADATE: May 3,2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request to the rear yard setback regulations for an apartment house development in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. FILE: 446-BA The subject 7.369 acre tract lies on the west side of FM 364 (N. Major Drive) north of the Westhaven Terrace subdivision. The property is out of an unrecorded subdivision and was brought into the City limits in 1957. The property was rezoned from A-R (Agricultural - Residential) to RM-H in September, 2000. The owners are proposing to build 176 apartment units in 22 buildings. Buildings No. 20, 21 and 22 back up to the L.N.V.A. fresh water canal. The canal has a 250 foot wide right-of-way. The required building setback for multiple family structures in an RM-H district is 25 feet. The proposed setbacks for building 20,21 and 22 are 17'9", 18'8" and 17' 10", respectively. The Board is authorized to grant a variance if the applicant has shown that conditions A, B and C have been met. Exhibits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 16 Responses in Favor . Responses in Opposition PROPERTY DESCRIPTION That certain 7.369 acre tract out of the D. Easley League, Abstract 20, Jefferson County, Texas, and being all of Lots 3 and 4 and a portion of Lot 14 of the Rutledge Homestead Tract, an unrecorded subdivision and being a portion of those tracts conveyed to John William Binks, Jeff Alexander, and Douglas M. Barlow as recorded in Clerk's File No's 9532450 and 9516454 of the Of Public Records of Real Property of Jefferson County, Texas. TTDT, LLC. 777 BENMAR, SUITE 400 HOUSTON, TEXAS 77060 (281) 447-8100 Planning Division, Room 205 City Hall, 801 Main Street Beaumont, Texas 77701 Dear Sir or Madam: We are submitting the attached application to the Board of Adjustments to request a setback variance at the rear of the proposed property at North Major Drive south of 105, Beaumont, Texas. We request that the rear setback be changed from 25' to 10'. We feel that this change would not impact any of our neighbors since the rear of our property fronts the levy to the canal that is located in that area. We are requesting this change because of our misunderstanding of Beaumont residential setback rules and the plans for the site have already been designed, if we were to have to redesign the site, we would have to incur substantial additional cost that would delay'the construction of this project. Although we understand that this is our problem and not yours, we do feel that this project will have a positive impact on your community. Provided with this application is a site plan that designates proposed buildings, parking and accessory structures as well as the area we need the setback variance. Thank you for entertaining our application. We took forward to working with your city to build the proposed project. Sincerely, #Pot" Jeff Partin Developer VARIANCE SUPPLEMENTAL APPLICATION FORMLAWM­g-1 6N7- BEAUMONT, TEXAS �b j (CODES SECTION 30-37 E-3) pneg"n The Board of Adjustment has the pO%vet to grant variances where the following listed conditions hj%t`*n pet, Indicate hO%%' Your application meets each of these conditions, in the space fo 10 -i IN nr each condition ( tTh e Applicant has the burden or proof to demonstrate that all three of the conditions neeessary for a variance have been met) ENcept as othcr%tise prohibited" the Board is emPONN'Cred to authorize a varitincc from a requirement of the Zoning Ordinance when the Board finds that all of the follo%ving conditions ho%,e been met COND,1TION That the granting of the vOrlance will not be convan, to the public interest The needed variance is on the rear of the Proposed property and the rear of the property backs up to a canal. Therefore, we believe that the variance will not affect a neighbor or the general public. CQNDLJLQ"- Thift-litcral e"for=nent of the ordinance will result in, unnacessary hardship because of exceptional nuro"Tiess, shallowness, &hope "gmPhY Or Other Cxtrisordinary 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 iLwIf as distinguished fro a hardship relating to convertience, financial considerations or caprice, and the hardship must not rclull firm the applicant or o"ces own actions. The variance is needed because of two items., One, the narrowness of the Property limits our ability to design the project to provide adequate driveways. Two, there is Right of Way located in the center if the property that we were unable to get abandoned. Instead, we have placed driveways here. This also restricts are ability to design the project to provide adequate driveways for fire control. C12NDITION-C That by grariting the variance, the spirit of the ordinance will be observed wW substantial justice will be done. We believe that the spirit of your ordinance is still intact and that we will not be hindering any public or private use of adjacent property. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, My REQUEST MEETS THE CONDITIONS STATED ABOVE. 1W / ,e Applicant's Signature: — 4- Howard T. TellepseT, —Jr. 161 I as �- I 0) u 00 -4- i� 0 cacy � I a w LO I � _--------j--•nee- .a.�ar�- , LO in f — I00 (!? I a I I I ri XV SMt I _ • I rj to IIc I a jr •� 'k I p N w 'U 1p — Cd qq w .t ;0.5f ,J ad'9 ;9'-# O SDya �' .f7 , w+a .I ,9ida.9,BOSD Ck Cd is l� � FILE 446-BA: Request for a variance to the setback regulations for a rear yard NORTH setback of 171911,17110", & 18'8" instead of the required 25' in the RM-H (Residential Multiple Fancily Dwelling - High Density). I A Location: 4600 block of N. Major Dr., D. Easley Surv., Rutledge Homestead Tract SCALE Applicant: T.T.D.T., L.L.C. V=200' a AIR r • if U 7r !ems TO To -IS -*1-9 rI!70zV A rR-6 - AS 3 0 ✓#7 K /0 04 MOM i 4 4 JW of IWO slw. e LA I / 1..r r r I r 'N MI : WES HAVEN DR. 7 Ji•iJi � � � rat NMI lfV�7Y L+� Ir�"� NAYE • �' r r , � � r " /�1��, GENERAL INFORMATION/PUBLIC UTILITIES, APPLICANT: T. T. D. T, L. L. C. PROPERTYOWNER: John W. Binks and Douglas M. Barlow STATUS OF APPLICANT: Prospective buyer LOCATION: 4600 block of N. Major Drive EXISTING ZONING: RM-H (Residential Multiple Family Dwelling -Highest Density) District PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residence EAST: FM 364, fallow pastures SOUTH: Woods, subdivision WEST: LNVA freshwater canal (250'right-of-way, more or less) COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: 7.369 acres Vacant "C" - Minimal flood hazard zone SURROUNDING ZONING: A-R (Agricultural -Residential) District A-R. A-R and RM-H (Residential Multiple Family Dwelling -Highest Density) District A-R Neighborhood Growth Unit (Development Strategies Diagram) 121 r#=- N. Major Drive (FM 364) - is a primary arterial with a 150'wide right-of-way and a 84' wide pavement. Open ditches 6" line on the west side of Major Drive 8" sanitary sewer on the west side of Major Drive. Fire protection is provided by Station #8, Hwy, 105 and Lampman. ADEQUACY OF SERVICE: Services are adequate.