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Home My WebLink About368-BADATE: July 7, 1994, TO: Board of Adjustment FROM: Planning Division REQUESTED Consider an application for a variance from the regulations of Section 30-25 �(B) I., city Codes, regarding the exterior ACTION: side yard building setback or yard requirements for a structure in a residential district. A variance may be granted Linder Section 30-37 E. 3. *STAFF REPORT* STAFF RECOMMENDATION FILE 368-BA Staff recommends approval of the exterior side yard setback variance from 10 ft. to 5 ft. because conditions A, B and c of Section 30-37 E. 3 have been complied with. PROJECT INFORMATION The applicant's contractor received a building permit on February 8, 1994 to remove an existing attached carport on the south side of his property and approval to construct a garage in place of the garage. The carport facing North Street was originally built very near the exterior side lot line. Mr. Crawford owns two lots facing on 22nd Street at North. The building official informed the contractor that he needed to redraw his plans showing a building setback of 5 feet. He complied. However, the required minimum setback on a side corner lot is, 10 foot. The owner began construction and received several other permits related to the work. The project has been completed and the variance request has been made to seek relief, Exhibits are attached. FILE 368-BA GENERAL E14FORMATION/PUBLIC UTILITIE, S APPLICANT: PROPERTY OWNER: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: FLOOD HAZARD ZONE: SIZE OF PROPERTY: EXISTING LAND USES: SURROUNDING USES: NORTH: Residential EAST: Residential SOUTH-. Residential WEST: Residential COMPREHENSIVE PLAN OTHER PHYSICAL FEATURES: STREETS: Page 2 Thurman and Carolyn Crawford Thurman and Carolyn Crawford 705 22nd Street Lots 25 and 26, Block 10, Calder Place Addition RS (Residential Single Family Dwelling District) X C (Minimal) B (Moderate) A (100 Year) Floodway 0.344 acres, + Residence SURROUNDING ZONING: RS (Residential Single Family Dwelling District) RS RS RS Stable Area None North Street and 22nd Street are residential streets with a 60' wide right-of-way width. North has a 30' wide pavement and 22nd Street has a 27' wide pavement. DRAINAGE: There is a storm sewer in North Street. FILE 368-BA GENERAL FOR UTILITIES continued WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Page 3 There is a 6" water main in North Street and a 2" line in 22nd Street. There is an 10" sanitary sewer in North Street. Fire protection is provided by Station #4, Gladys at West Lucas Drive. Public services and utilities are adequate. FILE 368-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: CONDITIO : 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 distingtiislied 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. The new construction has resulted in reducing an encroachment from a point very near (2-3') the exterior side lot line to a point 5' off the line. This increased the angle of view for drivers making turns from the stop sign at 22nd Street west bound onto North. The street curb is located 20 ft. from the front edge of the new attached garage. The variance, if granted, will be in the public interest. B. Mr. Crawford purchased an existing residence situated on two 50' wide lots which face 22nd Street at North. Prior to applying for his permit he tried to locate the proposed garage in his rear (west) and interior side (north) yards. This was not possible due to the existence of a 10' wide utility easement at the rear of the lots and several trees in the backyard. The side yard is 36 feet wide but there are several mature oak and magnolia trees and all attached wood deck in the yard. There is only 25' between the exterior side property line and the house. A 10' setback would have reduced any garage addition to a maximum depth of 15', which would present a physical hardship upon the owner. FILE 368-BA ANALYSIS continued Page 5 C. The spirit of the zoning ordinance will be observed and justice will be done by granting this variance. The contractor applied for and received a building permit for the work. He was advised to change the plans to show a minimum 5' setback. This was a mistake on the part of the building official., The physical distance between the front of the new garage and curb on North Street is 20 feet. This increases the view for drivers turning west from 22nd Street to North. The new existing setback of 5' reduced the encroachment caused by the original carport which was built by a previous owner. The present owner tried to locate his garage on other areas of the lot but existing trees, an easement and improvements prevented him from doing so. Because this, is a corner lot, the applicant could have chosen to apply for a special exception instead of a variance. LEGAL DESCRIPTION FOR ORDINANCE PURPOSE, S N/A PUBLIC NOTIFICATION Notices mailed to property owners: 21 . Responses in Favor: . Responses in Opposition: -. CONDITION A. That the granting of the variance will riot be contrary to the public interest. The granting of the variance will not be contrary to the public interest for several reasons: 1. The garage enhances not only the value of my home, but also improves neighborhood property values. 2. The length of the new garage is less than the previous structure, consequently the lane of vision to vehicular traffic has not been impaired. ��. CONDITION Bt 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 owner's own actions. The location of the garage in this particular location (south) was the only site available on the the property. Adequate, space was not available for construction to the rear (west) nor the the side (north). CONDITION Q That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. I feel that by granting the variance the spirit of the ordinance will be observed due to the fad that; .. 1. The application indicated that; the intent was to construct a garage and 2. The actual length of the garage if 5 feet less than the carport which .was demolished. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST" MEETS THE CONDITIONS STATED ABOVE. Applicant's Bo Crawford & Associates, Inc. the FINANCIAL RESOURCES GROUP 985 in 10 N., Suite 110 (409) 892-8017 P.O. Box 5568 (800) 877-8392 Beaumont, TX 77726-5568 FAX 41 (409) 892-7839 To: Board of Adjustment From: Thurman R. Crawford Subject: Variance at 705 22nd St. Date: June 20, 1994 I respectfully request that a variance be granted for the construction of a garage at my residence on 705 22nd. I purchased the home in December, 1993, and started remodeling in January, 1994. At the time of purchase the home had an attached carport on the south side, of the home. I considered relocation of a carport/garage to the rear (west) and also to the side (north); however, both locations had inadequate dimensions for a garage. The only feasible alternative was to remove the existing carport and to construct a garage on that site. The new structure is five feet shorter in length than the previous carport. The application for the building permit indicated the dimensions and also stated that the plans were to attach a garage to the residence. We were told at the time that the garage needed to be five feet less in length than our plans illustrated and my contractor complied with this stipulation when the structure was built. It was never our intention to circumvent the requirements., Based on the circumstances outlined above, I feel that a variance is justified. Respectfully, jyl'-V��R Thurman R. Crawford V FJUN' 19M Securities offered through *Advantage Capital Corp., Member SIPC Not an affiliate of Bo Crawford & Associates, Inc. or the Financial Resources Group a IR; qt,.ff r 1,011 I LOT I /I ioufj 1. 1 f, 005 H 0 0 T 091MI R04 PECK 0 OLOCK 10 0 6 T LOT I.qT LOT 26 POACA 4'CONC.- tAK, -arc" 60.0, MA F11.1r. — IT— 12 40. 6Turr ( 60, 1z. 0. W.) SURVEY PLAT' SCALE : 1"-. 40'.0" ADDRESS *105 12 00, 15105-r , 05AUtIONf, *rPUA� 01'110� SURVEY IZ9r6FZ TO 61,1601\114>10H PLAT SUBDIVISION LOT 25 � LOT 2b, F3LOCk 10, C(M.PER kkC9 Avoiflow RE CORDED IN VOL. PAGE III MAP RECORDS, JfPftR$0k1 W, TX. SURVEY MADE FOR ff-IURVIAO R. � C&90LYPl 14. CWPORP 4his property is in Zone C and does not lie within the 100-year flood plane according to Corninunity-Panel Nurnb6i 49545*7 00'' S 5 DA19D W, 4, 19&4 SURVEYOR'S CERTIFICAI'E-: TO THE LIENHOLDERS AND/OR THE OWNERS OFTHF PREMISES SURVEYED AND TO STEWART TITLE GUARANTY COMPANY: Tile undersigned does hereby certify that this survey was this day made on the ground of the property legally described hereon and is * correct and that there are no discrepancies, conflicts, shortages in area, boundary line conflicts, encroachments, overlapping of improver ts, casenicntg or tight -of -ways, except as shown hereon and that said property has I a dediclicd: roadway. NviTNi--iss. my i niis niE AAY OF DEC. 19q3 QA NO, qwisuo Itu No. 9$001 u . #5024 r 0 • M .11 FILE 368- A: Request for variance for exterior side yard building, setback or yard requirements for structure in a residential district. +� Location: 705 22nd Street Applicant: Thurman and Carolyn Cranford M It . 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