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HomeMy WebLinkAbout369-BADATE: September 1, 1994 TO: Board of Adjustment FROM: Planning Division REQUESTED Consider a 2.1' variance for a proposed interior side yard ACTION: two-story residential building setback located at 3385 Westmoreland Avenue. *STAFF REPORT'S STAFF RECOMMENDATION FILE 369-BA Staff recommends approval of the variance as requested. The required conditions have been met by the applicant. PROJECT INFORMATION The applicant received a building permit on February 14, 1994 from the building official to construct an "addition to residence" at 3385 Westmoreland. The construction cost listed on the building permit application form was $3,000.00. There was no further information shown on the form or on the building permit. The applicant later explained that he originally had received the permit for a one story addition to the rear of his house but later, after starting construction, realized that he and his family needed additional living space, and then he requested permission to construct the two-story addition. The applicant's existing one-story frame residence is 24' wide and 36' deep. The proposed addition is 34.7' wide and 20' deep and is at the rear of the home. The west side of his house lies 5.4' from the side property line and the partially constructed addition continued that setback. The east side of the lot has a 9.9' setback between the new construction and the property line. The driveway is located on the east side. City Codes require that two-story residences in a residential district be set back from the interior side lot lines a minimum distance of 7.5' . A one- story structure is required to maintain a minimum distance of 5.0'. The 7.5' minimum setback was adopted by City Council in 1981 within the context of the new zoning ordinance. The original house at 3385 Westmoreland was constructed many years ago. Exhibits are attached. FILE 369-BA Page 2 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Darrell W. Redeaux, Sr. PROPERTY OWNER. Darrell W. Redeaux, Sr. LOCATION: 3385 Westmoreland Avenue LEGAL DESCRIPTION: Lot 9, Block 9, West Oakland Addition EXISTI G ZONING: RM-H (Residential Multiple Family Dwelling -Highest Density District) FLOOD HAZARD ZONE: X C (Minimal) B (Moderate) A (100 Year) Floodway SIZE OF PROPERTY: 0.16 acres (50' x 140') i EXISTING LAND USES: Residence SURROUNDING USES: SURROUNDING ZONING: NORTH: Residence RM-H (Residential Multiple Family Dwelling -Highest Density District) EAST: Residence RM-H SOUTH: Vacant lot RM-H WEST: Residence RM-H COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS. Westmoreland Avenue, a residential street with a 60' wide right-of-way and a 20' wide asphalt pavement. FILE 369-BA Pago 3 GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: Open ditches, culverts. WATER: There is a 6" water line in the street right-of-way. SANITARY SEWER A 6" sanitary sewer line is in the SERVICE: alley. FIRE PROTECTION: Fire protection is provided by Station #10, 3855 Washington Boulevard. ADEQUACY OF SERVICE: Services and utilities are adequate. PILE 369-BA REQUIREMENTS FOR A VARIANCE Page 4 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 Condition A. This area is now under a city and neighborhood study as part of the "West Oakland and Pear Orchard Community Re -development Plan". The properties in the immediate and general vicinity of the applicant's lot have been in transition for several years and the physical condition of the homes in the area range in condition from fair to poor. The Comprehensive Plan shows this as an area of Conservation and Revitalization. Mr. Redeaux wishes to stay in the area but needs to enlarge his house to accommodate he and his wife and four growing children - two boys and two girls. He feels that the only way that he can enlarge the house in a prudent and practical way is to add a second story. The existing 5.4' setback would be continued on the west side and a 9.9' setback would be the result on the east side. Most of the homes in this block are frame houses and many are in great need of repair. The applicant wants to enlarge and improve his house and stay in the neighborhood. His request is in the public's interest. FILE 369-BA ANALYSIS continued Page 5 Condition B. The hardship of literal enforcement is a physical one. Mr. Redeaux has already constructed much of the first floor and the foundation is set back 5.4' in alignment with the existing house. Removing the new construction and moving the structures back to 7.5' would create financial hardship for Mr. Redeaux. Condition C. The spirit of the zoning ordinance will be maintained by granting this variance. Justice will be done to the applicant and the neighborhood will be improved. The proposed variance would not create a fire hazard. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES N/A PUBLIC NOTIFICATION Notices mailed to property owners: 25 Responses in Favor: . Responses in Opposition: WAVERLY. ST.:Ip i S 6 E -.+ 20 •r 1J rr lJ r6 WESTMORELAND. AVE, N J B W W S ST.. JAMES BLVD. 17 I 7 I I J f J I J t f 1 /3 'GLENWOOD AVE. V /8 l � � EDMOND AVE. rr � /O a r 'r 1 I 1 7 . f J try ! I 7 ?O r a ��� rt !! !• I f :7 r• !s I,, Ss CIA C r rr is M JJ t.1 If tJ to b3 :p I - dy I o rt n o N I tr n n rJ n� o 1, u n rf tJ �s rr :r ra r: oil; 1i .; a I Iflip is 1 to to to;. rrjw i n JJ J i O A� A. Public interest is being observed because this addition will help j beautify our neighborhood. The interest of the public should be aroused to what it cast to make such an addition to one's own -home. The interest of the public might be aroused as a landmark for at- tracting other young potential.couples to moving into this old neighborhood which was established in the forties but started to deteriorate during the eighties. Eisen though the seven and, a half feet new law won't be met that we were unaware of, still the old five.*(5) foot law will be met. Plus the public interest will be better met knowing that we have more liability insurance on our property. So with all due considerations the public'interest is' well taken. B. The literal enforcement of this ordinance wkll cause unnecessary, hardship because of the block or rectangular shape of tie property will cause a hiding place for a would be buxcjul.ar to my .property and my eighty-two year old neighbor, if .r cut -two anti a hak1f ,Feet of my addition off that would add a space large enough fq s.o:Me_ one to hide. It shall highly unusual for any 7ovexniAq. body..to instruct someone constructing something that will. be harmful: to their welfare, and the welfare of someone else,.., Because of.my experieAce with the amount of area that will be remaining we -Ill have just enough land for a place for a home.busness in back. with a little play area for our. kids., ' Our ci:t"y is present3,y .promoting small businesses especially- new businesses. C. Granting this variance will not only observe. the. spixkt- o� ,this ordinance but will do justice to me and my fami:y bin allowing us to continue to make room to accomodate our extraordinary large family of two boys and two girls. By allowing us -to continue you will help us, my wife and me, to provide a. bedroom.fpr our kids and a den and dining area combination,.' The boys will have a: room, the girls will have a room and we all will be able tosit in one room and enjoy our meals. Our kitchen already has the usual app- liances plus a washer and dryer along with a lawn mower, This is a crammed room. So thank you for your consideration.. I20' ALLFY (OPEN) N i F.1.R• 50.0' F.Q.R. LOT B LOT 9 LOT 10 24:1' rROPldi[D {-supmy 0 CON{7MYGTIOM N O IQ 20 SCALE ONE STORY FRM RES. ON ELKS-4 '03385 COMO. 1-5 DRIVE 24' yy,��mo STi/S F.I.R. 50.0' °� F. I.R. pR, . - WESTMORELAND AVE. SURVEY OF LOT 9, BLOCK 9 WEST OAKLAND A DD!T!ONI 3385 WESTMORELAND AVENUE BEAUMONT, JEFFERSON COUNTY, TEXAS �tiof Beaunqont Date `4 rl II Application is hereby made to the B I st BUILDING CODES Denied of the Cry of Beaumont for a permit to: 801 MAIN 880-3762 FAX 880-3110 P.O. BOX 3827 BEAUMONT, TEXAS 77704 If no recorded map or plat, metes and bounds description shall be attached and be in conformance with P rovisions of all ordinances of the City of Beaumont and laws of the States of Texas, whether specified herein or not, and in accordance with Plot Plan which must be drawn to scale. «It must show: (1) the actual shape and dimensions of the lot to be built upon; (2) the street or streets adjoining the lot; (3) the exact site and location on the lot of presently existing structures, if any; and (4) the exact size and location on the lot of the proposed structure. `This application is to be accompanied by four (4) plot plans and two (2) complete sets of contruction plans. L Owner of Land: 01 Plans Prepared by: Architect or Engineer: Address: Address: Address: Contractor: Cont# Address: Additional Information Living Area Garage & Storage Porch & Patio Comments: Phone: Phone: Phone: Phone: I certify that the information contained in the above application is true and correct, and hereby state that if a permit is issued, all the provisions of the City Ordinances and State Laws will be complied with. I am the owner of the above property or his July authorized agent. Signed A. 19 construction Cost:' bin Permit Number: 'ermit Fee �, {gyp Driveway 'Ian Checking Fee Bond Deposit )ouble Fee Total Permit Fees