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HomeMy WebLinkAbout433-BADATE: November 4,1999 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request to consider the appeal of a decision made by the Building Official to refuse and deny a moving permit for the moving of a residential structure within the City to 1497 Elgie at Avenue B (structure moved without a permit). W STAFF REPORT On March 23, 1999, City Council passed Ordinance No. 99-23 which amended Chapter 6, Section 6-21 of the Code of Ordinances, amending the Building Code of the City to regulate the moving of buildings for residential purposes within the City, specifically Section 3313.1 B. 2. This section of the ordinance reads as follows: "The appraised value of the structure as set by the Jefferson County Appraisal District must be a minimum of 50 percent of the average appraised value of all residential structures on lots or tracts within four hundred feet of the property line of the lot or tracts upon which the structure to be moved will be placed.'.' The Building Official submitted a copy of the residential moving permit application which showed a structure being moved from 1530 Burt Street to 1497 Elgie, The permit was applied for on September 16, 1999. The permit was refused by the Building Official on September 21, 1999 because the Jefferson County Appraisal District shows an appraised value of $4,210, The tax records demonstrate that the average appraised value of all residential structures within 400 feet to be $17,828, Fifty percent of that average equals $8,914. Thus, the permit was denied. Note that the house has already been moved to the Elgie address without a permit. As of October 21, 1999, a stop work order has not been issued. A route for moving the house (application for oversized load and house moving permit) was issued by the Transportation Division on September 16, 1999. Sherman and Sherman, Inc, had an independent appraisal made by Cook and Associates, Inc., dated September 27, 1999. The appraisal stated that the land value was $3,700 and total value of house and land at $14,000. This would put a value $10,300 on the structure alone.. Exhibits and a copy of Ordinance No. 99-23 are attached. The independent appraisal is available upon request. The applicant has the burden of proof that the City is in error. PUBLIC NOTIFICATION Notices mailed to property owners 24 Responses in Favor , Responses in Opposition SHERMAN & SHERMAN 6055 COLLEGE BEAUMONT, TX 77707 409-842-202 October 01,1999 Sherman & Sherman, Inc. has been doing business -in Beaumont for a number of years and in that time has been a lawful and responsible corporate citizen. We were hired to move a house to 1497 Elgie for Olivia Garcia. We applied- for and- received -what we believed to be the proper permits .and were told that. the house was qualified to move. After -the -house -was moved -we -were - informed that the house had not qualified due -to a- tow appraisal by the county. We hired a certified AIA appraiser who valued the house at $ 9,000.00 which more than qualified it to have been moved. We would life for the house to be qualified so that the Garcia family may start to do the improvements that they are planning on. This house will make a great addition to the neighborhood and will only bring up th-+e community. Sinc rely, t Mire Sinclair APPEAL APPLICATION CITY OF BEAUMONT ERROR BEING APPEALED: The applicant hereby alleges that the following error in the order, requirement, decision or determination has been made by the administrative officer in enforcement of the Zoning Ordinance: Sol boas TJAO,-+ oil 4kind � - <V l Ic To grant an appeal. the Board of Adjustment must find that all of the following. conditions have been met. Explain below or on a separate sheet of paper how each condition has been met. The applicant has the burden of proof. s That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map.cpct U'S CL &to— _ •� • That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. j 1C04k, yxt Onx ZW-11 66 � �► The decision of the Board must be such as will be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws p L�- it APPLICANT'S 'SI6:URE DATE ��% " � C y Chapter 6, NORTH » ��le 433-BA. To consider an appeal of the strict re ulations of Cr Code ' Section 6-21, Standard Building Code Section 3313.1B.2, reference moving of Ak - + buildings for residential purposes. SCALD` Location: 1497 Elgie @ Avenue B. t =200M Applicant: Mike Sinclair of Sherman & Sherman, Inc. for Oliva E. Garcia 'M ..- Ll ;+ 'y '� � g• ,� Ifs � � ry �• � �� � �4wa4 soB79r ..:0, NCyy t M M .M r " • ,• I .�-sorur rA+ra+r (eLJlrrrrA I _ 1NVl►4' IYEf! f . x air THREADNEE©LE ST. ; NDI i r� 4 ,a e r r � 1 lo • �` T �� • a a - of 18 AV 5 + n, , ra re xa s r r s rsr rr sr wo r t ELGIE ST, F I d T a,S U B J E CT , » 40 i i' E so r !�� wM1 IS N' to N !TAN • 111 N 10 lisp w • • r : +,� • CHURCH ST. ,r APr r r r s. a as • swi 90 !► 7_ f T rT ra rwr rMT Nr rT rr ,r as a+ tde ° r a 91 Avg - 6 a( c �50 / ���� � f��R.- I aD r v j I A,6 -. ft> -C+ CiPO Box 3827 * Beaumont, Texas 77704-3827 ty of Beaulwnt Phone (409) 880-3762 - Fax(409)880-3110 RESIDENTIAL MOVING PERM11' APPLICATION TM Current Location Of House: Address: 15-) - , 0 Q+h- (+ Legal DescriptionL-ot 12: , Block Additionso Proposed Location Of House: Address (If Known): ILI 9 7 -,5T. Legal Description:Lot _ I i Block (y Addition Owner Of House: Name L91;ji(, try Phone No. Sid Address Foundation Of House At Proposed Location (Check One) 0 Block & Pad 1:1 Concrete Slab 13 Other (Specify) N Name Of Mover: k'0 (M a n P r M q. V--' Address: f Phone No. `.a Viral Permit Fee: SEE Permit Number: Aia� Land Use Information: Existing uses and other structures on lot or tract: iposed use of structure or land covered by this application: Y Number of families to occupy building (if applicable): (if two or more, complete section below) Additional Information: . Living Area: Garage & Storage , Porch & Patio I am the owner of the house that is to be moved. I have read and fully understand the Residential Moving Ordinance of the City of Beaum9441 and will comply with such. Rw" Office Use Only: Flood Zone Zoning District, Permit((R:e:fused �B Date: 15] z— On Site InsF Comments: Appraised Value Of House To Be Moved A -!rage Appraised Value Within 400 Feet FAIRM 0^ Dr) , -> No. Fire District Date sm CERG111 CITY OF BEAUMONT 10/19/99 NPW4SI Tax Roll Search 14t43;06 Account Number; 51200-003700-6 Owners Name; DEAL GWENDOLYN M Address: 5620 MINNER DR BEAUMONT TX 77708-4515 Legal Description; PEAR ORCHARD W 1/2 L10 B6 LIl B6 1497 ELGIE ST Land Value: 3680 Improvement Value: 0 Total Valuer 3680 ENTER/Continue F3/Return to Menu P12/Previous Screen CrrY OF • APPLICATIONrr aRLOAD AND HOUSE MOVING PERM[T NAME. rTE LOAD:TYPE • OTHER r «. 1' +r . LENI '4 . WEIGHT PER AVT'P Wmmi LOADED HEIGHT I Street ROUTE From 2. Vit ar^ C� 4. e.k-Dex 5. CkL'_C. 6. A a�. 7. 10. ,4 DATE OF MOVE,. ,. AgiMiMdCl APPR.VED. DATE. 1 ' Permit valid upon return of signed application, accompanied by proof of insurance. V K ,"CRYOFBEAUfor PLONING D1W RECEIV,-. CITY OF BEAUMONT PUBLIC WORKS A Iwo - INTEROFFICE MEMORANDUM October 4, 1999 TO: Murray Duren, Senior Planner FROM: Ilona N. Baker, Real Property Specialist SUBJECT: 1497 Elgie - Planning Division File 433-BA In reference to the above subject, Real Property only provided back up information for the Building Codes Division. We took the appraised values of property within four hundred feet (400') from the AS400; calculated the average; and, using Ordinance No. 99-23, computed 500 of the average appraised value. Copies of the information furnished to Building Codes is attached. If you need any more information, please let us know. Attachments 1497elgie.ftr SUBJECT PROPERTY: West V2Iot 10 and Lotwar i .• Pear Orchiard Addition d � Date: August 30, 1999 400" Radius: Lot 12, Block 3 Pear Orchard $ 26,940.00 Lot 13, Block 3 Pear Orchard $ 13,520.00 Lot 14, Block 3 Pear Orchard $ 17,600.00 Lot 15, Block 3 Pear Orchard $ 21,930.00 Lot 16, Block 3 Pear Orchard $ 8,000.00 Lot 17 & 18, Block 3 Pear Orchard $ 12,100.00 Lot 19, Block 3 Pear Orchard $ 21,140.00 Lot 20, Block 3 Pear Orchard $ 20,240.00 Lot 21, Block 3 Pear Orchard $ 27,680.00 Lot 2, Block 6 Pear Orchard $ 26,940.00 Lot 3, Block 6 Pear Orchard $14,310.00 Lot 4, Block 6 Pear Orchard $ 21,050.00 Lot 5„ Block 6 Pear Orchard $ 19,690.00 Lot 6 & Pt Lot 7, Block 6 Pear Orchard $ 18,750.00 Lot 7 W `2 & Lot 8 E `2, Block 6 Pear Orchard $ 15,450.00 Lot 8 W %x & Lot 9 E %, Block 6 Pear Orchard $ 20,780.00 Lot 9 W % & Lot 10 E /2, Block 6 Pear Orchard $ 8,590.00 Lot 12, Block 6 Pear Orchard $ 4,260.00 Lot 13, Block 6 Pear Orchard $ 13,000.00 Lot 14, Brock 6 Pear Orchard $ 25,520.00 Lot 15, Block 6 Pear Orchard $ 22,810.00 Lot 16, Block 6 Pear Orchard $ 12,730.00 Lot 17, Block 6 Pear Orchard $ 18,690.00 Lot 18, Block 6 Pear Orchard $ 26,560,00 Lot 19, Block 6 Pear Orchard $ 24,730.00 Lot 20, Block 6 Pear Orchard $ 21,180.00 Lot 21, Block 6 Pear Orchard Vacant Lot 3, Block 7 Pear Orchard $ 21,600.00 Lot 4, Block 7 Pear Orchard $ 21,960.00 Lot 5, Block 7 Pear Orchard $ 14,820.00 Lot 6, Block 7 Pear Orchard $ 22,330.00 Lots 7 & 8, Block 7 Pear Orchard $ 10,190.00 Lot 9, Block 7 Pear Orchard $ 18,820.00 Lot 10, Block 7 Pear Orchard $ 16,050.00 Lot 11, Block 7 Pear Orchard $ 12,630.00 speciavelgiperm7:115g N Lots 12 & 13, Block 7 Pear Orchard $20,190.00 Lot -14, Block 7 Pear Orchard $18,010.00 Lot 15, Block 7 Pear Orchard $ 17,570.00 Lot 16, Block 7 Pear Orchard $23,910-00 Lots 3 & 4, Block 1 Sunset Heights $ 15,400.00 Lot 5, Block I Sunset Heights Vacant Lot 6, Block I Sunset Heights $ 18,350D0 Lots 7 & 8, Block f Sunset Heights $15,750.00 Lot 9, Block I Sunset Heights $19,510.00 Lot 10, Block I Sunset Heights Vacant Lot 1, Block 2 Sunset Heights $ 14,740.00 Lot 2, Block 2 Sunset Heights $29,930.00 Lot 3, Block 2 Sunset Heights $ 23,260.00 Lot 1, Block 1 D. Egypt $ 3,320.00 Lot 2, Block I D. Egypt $ 16,760.,00 Lot 3, Block 1 D. Egypt $14,550.00 Lot 4, Block I D. Egypt $19,860.00 Lot 5 (& 6,), Block 1 D. Egypt $ 18,140.,00 Lot 5 Annie G. West Vacant Lot 6 Annie G. West $13,040.00 Lot 7 Annie G. West $ 590.00 Lot 8 Annie G. West Vacant Lot 9 Annie G. West Vacant Lot 10 Annie G. West $ 4,660.00 Lot I Plat B-9, J. W. Bullock, Abst. 7 Vacant Lot 2 Plat B-9, J. W. Bullock, Abst. 7 $,13,420.00 Lot 7 (& 4A) Plat B-9, J. W. Bullock, Abst. 7 $ 27,430�.00 Lot 8 Plat B-9, J. W. Bullock, Abst. 7 Vacant Lot 9 Plat B-9, J. W. Bullock, Abst. 7 $ 5,460.00 Lot 10 Plat B-9, J. W. Bullock, Abst. 7 $18,130.00 Lot 12 Plat B-9, J. W. Bullock, Abst. 7 $19,740.00 Lot 13 Plat B-9, J. W. Bullock, Abst. 7 Vacant Lot 14 Plat B-9, J. W. Bullock, Abst. 7 $30,180.00 Lot 15 Plat B-9, J. W. Bullock, Abst. 7 $48,610.00 Lot 17 Plat B-9, J. W. Bullock, Abst. 7 $ 7,760.00 Lot 32A Plat B-9, J. W. Bullock, Abst. 7 Vacant Lot 32B Plat B-9, J. W. Bullock, Abst. 7 $10,130.00 Lot 36 Plat B-9, J. W. Bullock, Abst. 7 Vacant Lot 45 Plat B-9, J. W. Bullock, Abst. 7 $12,150.00 speciauelgiperm.hsg Stadium Shopping Center Commercial Property AVERAGE Appraised Value of the Above 63 Homes: $1,114,500.00/63 = $1 7,828.D , . Per ORDINANCE- NO. 99-23: 50% of the average appraised value = S 8,914-00 speciaVelgipemi.hsS 0 � ORDINANCE all 0 0 r a low a, • A A i Section 1. THAT Chapter 6, Section 6-21 be and the same is hereby amended to amend Section 3,313.1 of the Standard Building Code to read as follows: Section 3313.1. A, It shall be unlawful to move a building or part of a building through or across any sidewalk, street, alley or highway within the City of Beaumont if the building or part of a building was designed for residential purposes and is to be placed on a lot in the City for residential purposes without obtaining a residential moving permit from the Building Official. A building or part of a building to be used for other than residential purposes may not be moved through or across any sidewalk, street or alley within the City without first obtaining a moving permit from the Building Official. Houses, buildings or structures designated as having historical or architectural significance by the City of Beaumont's Historical Landmark Commission or the Texas Historic Commission shall be exempt from the provisions relating to compliance with the Standard Building Code prior to moving. These houses, buildings or structures shall not be moved without first obtaining a permit from the Building Official. The application for a residential moving permit shall be accompanied by applications for all necessary permits required to bring these houses, buildings or structures into compliance with the applicable buildingv codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. B. A residential moving permit may be obtained from the Building Official if the residential structure, prior to being moved, meets the following criteria: 1. The structure must be located in the City of Beaumont. 2. The appraised value of the structure as set by the Jefferson County Appraisal District must be a minimum of 50 per cent of the average appraised value of all residential structures on lots or tracts within four - hundred feet of the property line of the lot or tracts upon which the structure to be moved will be placed. 3. The application for a residential moving permit must be accompanied by an application for all necessary permits required to bring the structure into compliance with all applicable codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. C. The Building Official, 'as a condition precedent to the issuance of a residential moving permit, shall require a bond or cashier's check in the amount of $5,000. Such bond or cashier's check shall be made payable to the City of Beaumont and shall be conditioned upon strict compliance with the terms of this ordinance. 1. The structure will be brought into compliance with all applicable codes and connected to water, sewer, electricity and gas if applicable ("utilities")'within ninety calendar days after relocation to the new site. Failure to connect the structure to utilities may result in forfeiture of the required security and demolition of the structure. The issuance of any permit by the City shall not extend the time to bring the building into compliance beyond the ninety calendar days established by this ordinance. If the security is forfeited for any reason, the City is hereby authorized to demolish the structure and clear the lot. By signing an application for a residential moving permit, the owner or agent for the owner agrees that the structure may be demolished by the City if it becomes necessary to forfeit the security required by this ordinance. 2. Failure or refusal to timely perform any one or more of the requirements of this ordinance may result in the forfeiture of the required security. D. Appeals from the denial of a residential moving permit or a decision to forfeit the required security by the Building Official shall be made in writing to the Zoning Board of Adjustment within ten days after the denial of such permit. The Zoning Board of Adjustment may reverse the decision of the Building Official if the Board of Adjustment finds by the concurrence of four members of the Board that the structure meets the requirements set out herein for issuance of a residential building permit, Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. am PASSED BY THE CITY COUNCIL this the day of I Mayor - GENERAL INFORMAT10N/PUBLIC UTILITIES APPLICANT: Oliva E. Garcia PROPERTY OWNER: Gwendolyn M. Deal STATUS OF APPLICANT: Prospective buyer LOCATION: 1497 Elgie at Avenue B LEGAL DESCRIPTION: West Y2 of Lot 10 and all of Lot 11, Block 6, Pear Orchard Addition, Beaumont, Jefferson County, Texas EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.24 acres, more or less EXISTING LAND USES: Vacant frame residential structure FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Frame residences RS (Residential Single Family Dwelling) District EAST: Frame residences RS SOUTH: Frame residences RS WEST: Vacant tracts RS COMPREHENSIVE PLAN: Conversation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Elgie Street - a 60' wide residential right-of- way with an 18' asphalt pavement. Avenue B - a 25' wide residential right-of-way with an 18' wide pavement. DRAINAGE: There is a 24" storm sewer in Elgic. There is an open ditch along Avenue B. GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: FIRE PROTECTION: There is a 2" water line in Elgic and an 8" line in Avenue B. There are 12" sanitary sewers in Elgie and Avenue B. Fire protection is provided by Station #3, 805 Woodrow (new). ADEQUACY OF SERVICE: Services and utilities are adequate.