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HomeMy WebLinkAbout374-BADATE: May 18,1995 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: A request for a variance from the regulations of Section 30-25 C. S. and a variance from Section 30-25 B. 1. as allowed by Section 30-37 E. 3. This is in regard to an existing front yard residential building setback on a cul-de-sac lot and an existing interior side yard setback. NOTE: Board action at the previously scheduled public hearing to consider the front yard encroachment was tabled by the Board on May 4, 1995. FELE: 374-BA The Planning Director recommends approval of the variance requests. The requirements for a variance have been met. Sirmon's Homes constructed a one-story residence on Lot 1, Block 9, Fleetwood Addition at 4285 Simon Drive for Mr. and Mrs. John M. Guidry, Sr. The recorded subdivision plat depicts a 25' front yard building setback line along the front of the lot. The required front lot residential setback for a home in an RS district is also 25'. However, an exception to a minimum of 15' is allowed for lots with predominant frontage along a cul-de-sac. The building official issued a building permit for the home on January 11,, 1995 and a framing permit on February 7, 1995. The final inspection was made on March 30, 1995. This final inspection showed a "rejection"" for no address on building and dryer vent not installed. The "rejection" has nothing to do with the placement or construction of the house proper. It is our understanding that permission to build the house to within 15' of the front property line was granted, although the site plan used for the initial permit shows a 25' setback. This original site plan also shows, the rear of the house encroaching into the required rear yard. The home was moved forward on the lot to a point only 9.43' from the front property line. This is to the front door, as the 5' deep open front porch is not counted in the setback. The survey of the house setback of 4.02' and ne 4.53'. one-story residence. on the lot as finished shows an interior or east side yard The regulations require a minimum setback of 5.0' for a Exhibits are attached. PUBLIC NOTIF Notices Mailed to Property Owners: 16 Responses in Favor: Responses in Opposition: The Board of Adjustment 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: CONDITION A: That the granting of the variance will not be contrary to the public interest. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, 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 property owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. ANALYSIS A) Granting the variance will remove a cloud on the title and allow the owner to close on his property transaction. The lot is at the end of the Simon Drive cul-de-sac and next to the Hillebrandt Bayou. The encroachment does not block the view of neighbors along the street. Several property owners within the 200 feet radius of the subject lot have signed waivers of no objection. Sixteen notices were mailed out. Two replied prior to the hearing that they did not officially object but were very unhappy that the encroachment was allowed to occur. Four of the five signed waivers sent to us with the application for variance represented lots within 200 feet. For a point of interest, the concrete curb line of the cul-de-sac lies 20 feet from the property line. The front of the house, therefore, is 29.43' from the street pavement or 9.43' from the property line.The east side of the home encroaches less than 12" into the 5' setback. ANALYSIS, continued B) The lot is 120' deep and about 90' wide. It is not unusual in shape or location other than being on a cul-de-sac and abutting the bayou. The extreme hardship which could exist would be that as a result of being forced to remove the porch and front 6' of the brick house. The property owner on the east owns Lots 2, 3 and the west 1/2 of Lot 4, a width of 125'. His home is set back on his interior side in excess of 50'. C) Justice will be done by granting the variance in that the finished home and lot can be deeded to Mr. and Mrs. Guidry. Any person aggrieved by a decision of the Board of Adjustment, including city officials, may file a petition to county court within 10 days of the Board's decision. APPLICANT: ra.lue y"J"NWALOAIAT91" LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant lot EAST- Residence SOUTH: Residence WEST: Eillebrandt Bayou COMPREHENSIVE PLAN: Sirmon's Homes by Nelson Campbell John M. Guidry, Sr., et ux 4285 Simon Drive Lot 1, Block 9, Fleetwood Addition RS (Residential Single Family Dwelling) District 0.23 acres, Residence, brick veneer, one story "B" - moderate hazard SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS 1 W RS & LI (Light Industrial) (centerline) Neighborhood Growth Unit GENERAL INEQBMAnONIPUBLIC UTILMES continued OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: SANITARY SEWER SERVICE: New residence has been permitted and constructed. Simon Drive is a 60'wide residential right- of-way containing a 20' wide concrete pavement and ending in a cul-de-sac at the Hillebrandt Bayou. Simon serves 18 lots and extends west off Blossom Drive. The Blossom collector extends south from Washington Boulevard. An 18" storm sewer along the north side of Simon flows into the Hillebraridt Bayou from the cul-de-sac. There is a 6" water line in the street. Provided by an 8" line within a utility easement lying at the rear of the lots in the block. Fire protection is provided by Station #10, Washington Boulevard. ADEQUACY OF SERVICE: Present utilities and services are adequate. A -BA: Request for a variance from the front yard and NORTH. Ord building setback regulations. ? in: 4285 Simon Drive SCALE °' "" unt, Nelson Campbell for Sirmon's Homes,.. Inc.,;, owner I1/"200 KaG, 1 M. Guidry, Sr., et ux « AQ Mw3 7 M` D I�IERRE DR. 1, p r w� 7 r� ZA 50 �s .'' ,164 . t S N r ,7r 0 a /o /r At � y r-- �. as 1 to rf r! tr tr to AF At rl I IS'L rI Sf J:S N pp • ,ssr, 65.40 SI PSON DR. 5 a U Z� SY E DIRECTORS, ROW0 , s '� f 8 n tr :a tr r/ ra If a�' ✓r,�' rr- Is'Iff'I r* 0 '°60©rp' SIMON Dk. 0 J m c�v 5 �.. t a * S r ?0 a 0y 01 95510 z � 14 cis /r I // /0 ^y h W 4 G UJ J 50 -50 ss z3 12 Ny W�� (V� X AN �y V 4 �C s a SU 3c, 411, 2,{ 200 V �4 r V e• ysw cC 91.57 50 30 '' 62,10 7 t° M 46 V as � F f April 10, 1995 Planning Division, Room 210 City Hall 801 Main Street Beaumont, TX 77701 Gentlemen: A variance is being requested for Lot one (1) , Block Nine (9), Fleetwood Addition to the City of Beaumont, Jefferson County, Texas, for the following reason: The owners of the property contracted to have a residence built on the subject property. A plot plan and blueprints were prepared and submitted to the City and a permit for construction was issued* When construction commenced the residence was placed at a location other than shown on the plot plan, resulting in an encroachment into the building setback. The subject property is at the end of a dead-end street, the residence located thereon is in line with the other homes, and gives an overall appearance of conformity. Yours very truly, '14 N l.o,1 . Cam b el , p Applicant NC/if �g �g aJf3S Sf3£aaBtTT 01 8B>rta�a"l 8 a31.d3_1 1408.3 t cM "70 S66T—'hZ-£0 -- - trtAi2-24 l i i : c0 FROM C t TY (IFBMT n PtJJBL t C a�d0RYS TO BEAUM (COM S,EC17 ON 30-37 ra) Tve he Ord of AdjRU06nt has the po=r t0 grant Mgr wl evD the 1�I ? � following to r a lic*tioa sleets each of these itaclas ui t11tS apace fotlrarvlasg each been rratt_ Indicate horn � 1PpdemonstraW � . " � has tiaaa liuxdca � tsar that aG three of the ne�sary for a' Nava )• ed tea authoT'M a t halt re c ! E%C ept as othenal ptotafw e n tlaa Board . eai s thaGr of the Zoning 4;Jxdinatitae when the lioarci fuacls that as11 +� the ��g C N1 t3N Ap, Tmt the granting, of the vuEian+� will not becaontr�ay.ta the pubic ant t. The subject property is at the end of a dead-end street. The granting of the variance will not be contrary to the public interest because it will cause no hardship nor' be detrimental t ropertoring bein properties in -conformity with the fact, other variance will result in subject property 9 homes on Simon Drive. uftaeoeaW (r z'Fi(DN s Thttt litcra[ enforceanCnt of the Ordinance raft nca It inhardship because of exceptional narro�v nm shallowna�a, shape, topography °T other eartsaac�litaarof t car y in eacecpaonal phy %cal situation or physical cor4tioat unique to the specific pig+ h icazl hardship relating to the pt"oPeM i� as question, Taaascacear"ry hardship" shall mesas ly Ys financial es rattxo�►: v`r ter"" � "--'" disc aaga►ished from a hardship relating to ctr0rentoc e, hardship must not result from Site applicant or ownces sawn acd0w- on he A literal enforcement of the ordinance atebehind uthe tithe result i t he es home tt Sim n Drrive. in subject property beingof addition, because of the size and shape of the home, a literal enforcement ry the ordinance would result in the rear of the home being located within a very feet feet of a utility easement and the driveway encroacFning into said utility easement. Ud CONDMON a nat by 9rMtiQg the vadanoe, the Spirit aaf the or&W= wH1-be obSeTVW substantial Justke will be done. It is the understanding and belief of Applicant and owners that the spiriting irit Of the ordinance is to promote and/or provide a uniform, sthe ically variance. subdivision, and that this may be accomplished by granting 1 HEREBY ATE' TRAT, TD TM Bfsr OF MY RNfAWLM0Px.Q`T dw� THE CONDil ONS STATED ABOV1~ Applicanes sipati `1 ✓ I)atC A fil 10 1995 G,F. No.94Z---- WENT, T.BffiOEf 13. AT I1 MY411 t POUN, v 4285 siMON DRIVE q"� s % taarE ROo (I66 R.O.W.) SCALE 1"SET • SET add ICON 41O yy°IlOWNG SE"1 BACK UNI � �� LOT 2 co,LOT 1 8 0 w'� NATURAL GROUND Z 1'5.04 w G �'J9f`3[]15�� x X JMUWIC� oa _ _-_-. ---- •--' �.' T0' EACH sly c s.u. SET s/ - IRON RPEDESTAL 2 ItOMi ROO SETS O0 � ` 87.94 r LOT 14 LOT 13 HOTES 1. CROUNO EtEWATNx± 15 BASiO ON MONUMENT 12 ON PLA . . 2• FTN95H FTJOOR OF THE OWEi Dom W LG 3. THERJ' DaSTS A 0' �� Will TCT. ON EACH $10E OF L111E VOLUME 1741, PAGE 341 =11i)•ti .CESCR4PrM OF "S[RNCES ' y�� PJ�Vll'f6 OElaT4t'}GTWEt 4$ Ak A�RxTE PLAT OF A� StI}ME"t i ON THE CAP! 6 a W 1�EBY'.+Yr+.TT4hii"YP. TCi THE BEST OF MY 1UiO .l E,f1 �NA�Y�. �l AS OF,J�_,1�--�—,--�� ' tfi1[lEBE V SU'A!R gA N. Sill Ail gtp�M�lOiTS'A" AWY!�*ItiiE o- THE ABOVE TRACT 90-40 LOCATED AT AS RED IN 1�31A�E'— g PACE._1rA_ TNC 6rap. ALCOPlC19 OF �„c�Fv1TCt1►a PAHU N RATE LEAP', fEEDERAi EMER0EJIO� gY 0. IYANA0E36ETrT AGENCY. CtYY — w Ae+5aR0Ar�cc >nTN n tTaOo . CkATED� . MS PROPERTY LIES 14 THE ZONE NOTED. k(1OAUBS RI MAP TK ACC T1T 0 SC ACTU�E, O UA El>E7+ATAH HOT bfTT 1f UNLESS REOUE5TE0. ii i, SHM+NAH.'-W DOES NOT WARRANT HOR BUiiSGtSBE TO iT1E AOfA1RACY OR SCALE CP SAYR uAP. FLOOD ZONE (F.E.W.A.) A _.— CENSus TRACT ---22— FATT? ik $HSO1INC.RErlslcxl DATE O F lBYIPAt1L A. sOU 18B (AGENT) /'��+����'��,'•�,�_� lit, BST PAIL ID. soult 9, su'R 0 p 9 A AN YmaRr ]� 7 DATE: T%-1-94 ," IT 1 `�..t CX.%�1 CSC riq.. A=1 �©MULTING E1VaZt��i2S �C LAND SURVEYORS — e4l 'Ffttz&Sh1Pman 1pk. C'Mmulng Engznne's and 1"u.d Cann'-" March 28, '1995 Ms. Nann Buffington Service Title Company 1630 North Major Drive Beaumont, Texas 77713 Re; Survey GF No. 941367 4285 Simon Drive, Beaumont, Texas 77705 Lot 1, Block 9, Fleetwood Addition The following encroachments were noted while completing the survey: 1 The northwest corner of the residence extends 19.43 feet into the 25 foot building set back line and the northeast corner of the residence extends 10.12 feet into the 25 foot building set back line. 2. A portion of the concrete drive extends 44.14 feet into Hillebrandt Bayou. If you have any questions or if I can be of further service in this matter, please call. Very truly yours, FIB' & SHLPMAN. INC Paul D. Squibb Registered Professional Land Surveyor 3702 Plat and Report Fi:ttz & Shpman Project 95309-029 440 18th St., Suite A - Beaumont, Texas 77707 - (409) 832-7238 G.F. NO. -B[A� 4285 SIMON DRIVE FOUND 3/11' (60' R.O. rwm D-r -TO FOUND'S/B" IRON ROO v- Ls lz SCALE Ykcm Yecxr •---•�-•-- T.72 zpr D am r 25, BUILD WO LINE r. i UNIT "LOT LOT 2 ! y! 1 4q .. ONE STORY BRICK z .,rua q «. ' IWD MOD Pii.AME RESIDENCE ON SLAB m .. t r d' . F.F. ELEVATION 16.41 LLI ° CDNOR�TE ♦.a ISM 1S3 J D�IrVIE4TAY ' . ..q �'' � a +,• ' A gam_ &YFT 4 R Mco !i � x%W' 4cau • Q UHDETT9=NO ELECTRIC 2C' UTILITY EASEMENT — TO" EACH SIDE. CSO PEDESTAL Y:arrvc �/a' IRON ROD $7.94 FOUNDR 1 LOT 14 LOT t i HOTES: 1. FINI514 FLOOR ELE^lAT)OR IS BASED ON MONUMENT 12 ON PLAT: 2, THERE EXISTS A 5" UNDERGROUND GSU EASEMENT 2.5' ON EACH SIDE OF LVNE FOR ELECTRIC SERVICE TO RESIDENCE" VOLUME 1741, PACE 341 4-C.0.R LEY:ta�llury U! 5[fiwlt.a NLUUG'a"IJY: SURVEYOWS CERTIFICATION: I Do HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE ANb BEIJEF, THAT THIS r- AN ACCURATE PLAT OF A SURVEY re REPORT MAX ON O WN4 UNDER MY SUpMSION, SHOWING ALL BAPRDVEl4NT5 AND ANY VISIBLE ENCROA0WENTS, AS OF _1:i.9.5 THE ABOVE TRACT BEING LOCATED AT A.40 DEING DESCRIBED AS L]N _COUNTY; TEXAS. AS RECORDED IN VOLUME�i _- PAGE 15A -OF THE _ MAP RECDRD3 DF IP'FFFT IH ACWROANC.E 'A1TH THE FLOOD INSURANCE RATE MAP. FEDERAL EMERGENCY MANAGEMENT AGE7+ICY, mMML"TY-PANEL NO--Aaa07-0L1Aa..C' - - DATED. THIS PROPERTY LIES IN THE ZONE NOTED. LOOATIDN. ON MAP GLRNMINED SY SCALE. ACTUAL FIELD ELEVATION NOT DETERMINEO. UNLESS RECUESTEO. nT1:L B SHIPMAN, INC. DOES NOT WARRANT NOR 5UBSGRITYE TO THE ACOURACY OR V;Af OF tA46 MAP, FLOOD ZONE (f.E.M.A.) ^ _"'B � CENSUS TRACT ___22— FITTZ & SHIPMAN. INC. R'E'A51ON DATE BY PAUL G. SWISS (AGENT) PAUL D. SQU06, SURVEYOR .._ ... [1ATE fa AR T7. R95 "ITI' 1 Z INC.FIELD E300K No.: 94-10 CONSULTING ENGINEERS & LAND' SURVEYORS �10!TE A 2FAUN.ONT" TEXAS March 23, 1995 TO wHom Tr mAy CONCERN: As the owner of property located Within Two Hundred Feet (2001) of Lot One (1) , Block 'Nine (9) Of FLEET OD ADDITION to the City of Beaumont, jerferson Wu'nty, Texas, I have been advised that improvmenLs have beexl completed upon said lot which intrude within the Twenty-f ive fOOt (25' ) Building Setback Line established by the Taedicatian Agreement covering said land and wwith.in the Fifteen Foot (1.51) Building Setback Line as providederby Article 30-25 (8) of the Zoning Ordinance of the city of Beaumont. ch capacity, T expressly waive any complaint or objection which i might now or in the future assert as against the present or future owner of said Lot One (1) , Block Nine (9) , FLEETWOOD A,I}DMON. Property owned: Lot I — Block ��, FLEETWOOD ADmff ON March 23, 1995 TO WHOM iT MAy CONCS1N: As the owner of property located WithinOT o liunthdCity ee '(2009n f Loh One (1) , Block Nine (9) of FLEETWOOD Ai] jel'terson (buntyp TeXas, 3: have been advised that imarvvM18"LO have beem completed upon said lot which intrudewithin the Twecation nty-five ntfootcov(251 )ss d Building Setback Line established by t h land and within the Fifteen Foot (15 r) oe of BuiltheSCi y of Beaumont. in such Article 30-25 (8) of the Zoning Or nan capacity, T expressly waive any complaint car objection which I might now or in the future assert as against the present or future owner of said Lot one (1) , Mock Nine (9), FLEETWOOD ADDITION - AMA &dt-ne—F.' 17 Property Owned: Lot Block —1-1 FLEETWOOD ADDTr IO March 23, 1995 TO WliOM IT MAY CONCERN: Aa the owner of property located Within Two itye et (200') tf Lot One (1) , Block Fine (9) of FLEETWOOD AUDITION to the Jettersan Wunty, Texas, I have been advised that imPrvvMSrits have Letui completed upon said lot which intrude tiDedication he TweAgreementfOOt ve(25') said Building Setback Line established by the by land and within the Fifteen Foot ( rdngSetcneaprovided Article 30-25 (8} of the Zoning erfnare of Setback sn . In such ant or ob " ctr�n wh,i.ch. I might now or capacity, I expressly waive any comply-i Je in the Future assent as against the present or future owner of said Lot One (1) , Block Nine (9), FLEETWOOD AUDITION. Qandc ;sner Property O nned i.,ot Bloc k FLEETWOO ' ADDTT ION f lr— f s - /. March 23, 1995 TO 'WHOM 17 MAY CONCERN: As the owner of property located �dthin Two Hundred Feet (200') of Lot one (1) , Block Nine (9) of FLEETWOOD ADDrrION to the City of Beaumont, Jefferson Wuntyt Texas, I have been advised that JaprovmeriLs have beef' completed upon said lot which intrude within the Twenty-five foot (25' ) Building Setback Line established by the Dedication Agreement covering said Land and within the Fifteen Foot (151) Building Setback Une as provided by Article 30-25 (8) of the Zoning Ordinance of the City of Beaumont. In such capacity, I expressly waive any complaint or objection which I might now or in the future assert as against the present or future owner of said Lot One (1), 131wk Nine (9), FLPeWOOD ADDTrioN. 14 V Property Owned: Lot Block FLEETWOOD .ADDlT ION March 23, 1995 TO WHOM IT MAY CONCERN: As - the owner of property located kdthin Two Hundred Feet (2001) of Lot One (1) , Block Nine (9) of FLEETWOOD ADDITION to the City of Beaumont, Jefferson (aunty, Texas, i have been advised that imprvvneriLs have betui completed upon said lot which intrude within the Twenty-five, foot (251.) Building Setback Line established by the Dedication Agreement covering said land and within the Fifteen Foot (151) Building Setback Line. as provided by Article 30-25 (8) of the Zoning Ordinance of the City of Beaumont. In such capacity, I expressly waive any complaint or objection -which I might now -or in the future assert as against the present or future owner of said Lot One (1), Block Nine (9), FLEETWOOD ADDITION. z E Property Owned: Lot Block FLtETWOOD 1ADDIT ION NOTICE TO BUILDER: THIS DOCUMENT SHOULD HAVE BEEN FURNISHED TO RESIDENTS *PRIOR TO START UP OF IMPROVEMTNS AT THE ABOVEIR-M-ON. L101