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Home My WebLink About360-BADATE: September 2,1993 TO: Board of Adjustment FROM: Planning Division REQUESTED Consider an application for a special exception that would ACTION: allow the existing 6.1' encroachment of a residential structure across and into a 15' wide dedicated exterior side yard building setback (Section 30-25 B.1). The property is located at 7920 Bluebonnet, Lot 19, Block 1, Gladys West Addition to the City of Beaumont, Jefferson County, Texas. A special exception may be granted under Section 30-37 (e) 2.(2). STAFF REPORT* FH-E 360-BA Staff recommends approval of the request for special exception as permitted under Section 30-37 (e) 2. (2). The applicant has shown compliance with the conditions for approval: (A) granting the special exception will not adversely affect the value or use of adjacent or neighboring property; (B) granting the special exception will not be contrary to the best public interest; and (C) the property is on a corner lot. According to the applicants, Mr. and Mrs. Zarnbardino, a mistake was made by the firm charged with drawing the plot for the aforementioned property. The contracted firm did not catch the mistake until the home was constructed and surveyed for sale (See Exhibit A, Contractor's Letter). The Zambardino's wish to resolve this matter in order the sell the property to the prospective buyer. The applicants have also sought all applicable encroachment permits from the City of Beaumont and the utility companies (See Applicant's letter and attachments). The encroachment is approximately 6.1' across at its widest point, and only 1' at its narrowest point. The encroachment is approximately 317 long. The home is located at the intersection of Bluebonnet and Sunflower. FILE 360-BA Page 2 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mr. & Mrs. Zambardino PROPERTY OWNER: Same STATUS OF x Owner Prospective Buyer APPLICANT: Tenant Other LOCATION: 7920 Bluebonnet LEGAL DESCRIPTION: Lot 19, Block 1, Gladys West Addition, to the City of Beaumont, Jefferson County, Texas EXISTING ZONING: RS (Residential Single Family Dwelling District) FLOOD HAZARD ZONE: X C (Minimal) B (Moderate) A (100 Year) Floodway SIZE OF PROPERTY: .163 acres, more or less EXISTING LAND USES: Residential SURROUNDING USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling District) EAST. Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area STREETS: Bluebonnet is a residential street with a 50' right-of-way and a 28' roadway width. Sunflower Lane is also a residential street with a 50' right-of-way and a 28' roadway width. FILE 360-BA Page 3 GENERAL INFORMATION/PUBLIC UTILITIES continued. DRAINAGE: Bluebonnet Street contains a 42" storm sewer; Sunflower Lane contains no storm sewers. WATER: Water lines are 8" along Bluebonnet Street and 6" along Sunflower Lane. The structure is provided water service to city standards. Z I 01-ITA0 FIRE PROTECTION: ADEQUACY OF SERVICE: ANALYSIS Sanitary sewers are 8" along Bluebonnet Street and 6" along Sunflower Lane. The structure is provided sanitary sewer service to city standards. Fire protection is provided by Station #9, 7010 Gladys. Services, utilities and easements meet city standards and are adequate. Special Exceptions may be granted in the following situations: a) To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. FILE 360-BA Page 4 ANALYSIS, continued b) To deviate yard requirements in the following circumstances: 1) An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do, not meet the rear yard requirements of these regulations. 2) A yard exception on corner lots. 3) An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or "tended, be the required minimum front yard depth. 4) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regulation. 5) An exception from a minimum interior side yard setback requirement for owner identification signs for existing businesses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign, building, or outdoor display area. 6) An exception from the minimum side yard setback requirement where a non -conforming building was in existence at the time of the passage of this ordinance. FILE 360-BA ANALYSIS, continued c) To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building of structure for which the special exception request applies. In granting a Special Exception, the Board of Adjustment must make the following findings: 1) The Special Exception will not adversely affect the value and use of adjacent or neighboring property. 2) The Special Exception will not be contrary to the best public interest. Three of the conditions established by Section 30-37 E. 2 of the City of Beaumont Zoning Ordinance apply to the applicant's request for special exception. The conditions are as follows: Condition B.2: The applicant's property is located on a comer lot at the intersection of Bluebonnet Street and Sunflower Lane. As such, Staff does not feel the encroachment will constitute a significant deviation from the overall design and integrity of the neighborhood. Condition Q: It is Staffs position that the applicant has sufficiently proven that no hardship or loss of value of adjacent and neighboring properties will be created as a result of the granting of the special exception. Furthermore, the structure in question may not be adjusted in order to avoid any need for the special exception. Condition C.2: This condition is satisfied because granting a special exception for an encroachment would not be contrary to the intent or execution of the City of Beaumont Zoning Ordinance or Comprehensive Plan. If the special exception is granted, the property owner will have been spared great economic and physical hardship, and substantive justice will be done. Page 5 FILE 360-BA =te mb moi The property is located on Lot 19, Block 1, Gladys West Addition to the City of Beaumont, Jefferson County, Texas. A special exception may be granted under Section 30-37 (e) 2.(2). I UN 91 M In ON I - - Notices mailed to property owners: 31 . Responses in Favor: . Responses in Opposition: Page 6 r FILE 360-BA: A request for a special exception that would NORTH cure the existing 6.1 encroachment of a residential structure across and into a 15' wide dedicated exterior side A J yard building setback. Location: 7920 Bluebonnet SCALE Applicant: Mike and Diane Zambardino 1/200 NM Subject 41 01 0 C ID LN. u J U. z Imo' "'T J' 55 —60 30 Eb24 4#1 Im, IT 14 za.' KI LOT & ----------- 6,11' Cob I re. 4' 5.3' zoo' wo Lery eo,w -r. - - 2. 0' UJ ;4y .3 Ov w 0 to 7t4 T� 10N. mm�.L4eR:�o4 4arr- sTpEeT AT 811� LOT 19, BLOCK I GLADYS WEST SUMVISION SECTION ONE 7920 BLUEBONNET STREET 7r Me RONALD R. OAW lift Oa i a 14Z n ra ARC CAD DESIGN 2180 EASTEX I", SUITE 2, BFAUMONT,TX 77703 409/899-4644 August-11, 1993 Zoning and Planning Commission Board of Adjustments City of Beaumont, TX Dear Commissioner, A mistake was made in drawing the plot plan for the Mike and Diane Zambardino family residence. Attachment I is a copy of the plot plan as issued to the client, with dimension on opposite comers. The southwest edge of the plot plan was drawer► using the 114.70' dimension instead of the correct 75.3 2' dimension (see Attachment 4). As a result the house was constructed and positioned as shown in Attachment 2, with part of the house actually being constructed on a portion of the utility easement. The error was missed by all persons until the land was surveyed prior to sale. Sincerely, Andrus R. Simon' Business Manager AUGUST 11, 1993 RE'. PROPERTY LOCATED AT 7920 BLUEBONNET, BEAUMONT, TEXAS FURTHER DESCRIBED AS LOT 19, BLOCK 1 GLADYS WEST DEAR BOARD MEMBERS: THE PURPOSE OF THIS LETTER AND SUBSEQUENT APPLICATION FOR A VARIANCE IS TO ALLEVIATE A PROBLEM WHICH HAS ARISEN'FROM A SALE OF THE ABOVE REFERENCED PROPERTY. WE RESPECTFULLY SUBMIT THE ENCLOSED INFORMATION FOR YOUR CONSIDERATION. ENCLOSED WILL BE A SET OF FIVE EXHIBITS FROM ARC CAD DESIGN IN BEAUMONT WHICH DESIGNED THE DRAWINGS FOR THE PLACEMENT OF THE IMPROVEMENTS ON OUR LOT. ALSO INCLUDED ARE A 'SET OF PICTURES SHOWING THE FINISHED HOME. (IF' AVAILABLE) LETTERS OF INTENT TO WAIVE UTILITY EASEMENT ARE INCLUDED FROM TIME VARIOUS UTILITY COMPANIES SINCE THIS SET -BACK LIME IS ALSO A UTILITY EASEMENT. COPIES OF THE ORIGINAL PERMIT AND THE FINAL INSPECTION ARE INCLUDED ALONG WITH A WINDSTORM PROTECTION COMPLIANCE LETTER. THE PROSPECTIVE PURCHASER IS A NEW RESIDENT TO BEAUMONT FROM. WEST TEXAS AND IS STARTING THIS SEMESTER YEAR IN A NEW POSITION WITH AN AREA SCHOOL. WE HOPE THIS APPLICATION CAN BE CONSIDERED AND APPROVED IN AN EXPEDITIOUS MANNER AS WE FEEL THIS ENCROACHMENT CAUSES NO DETRIMENT TO THE SURROUNDING NEIGHBORS. IF ANY FURTHER DOCUMENTATION IS REQUIRED, WE WILL BE MOST HAPPY TO SUBMIT ANY DESIRED. r r � r MIKE r DIANE ZAMBARDIN't APPJJCATJO� FOR- LlCtNSE TO ENCROA04 CITY OF BEA(flON7, TEXAS I . N WE OF APPLICANT__� �k�A M. AlMORITY OF APPLICANT 3. N. WE OF 00ER AMESS iR L::13AL DESCRIPTION OF 0KNERtS PROPERTY (LOTS, BLOCKS, SUBDIVIS11 q) TO BE SERVED BY EASMNT OR RIGHT-OF-WAY CELL,j- 4. DESCRIPTION OF EASEMENT QR Rikilff-M-KAY INVOLVED - J�- - u..+ ,I li�- S,. PRESENT USE OF WFAMT OR RIGHT-OF-WAY (LIST UTILITIES IF PRE LNT) 6, LSE OF EASE14ENT OR RIGHT-OF-WAY DESIRED BY OWNER 7.- ATTACH A MAP OR PLAT' DELINEATING THE EASEMENT OR PUBLIC RIGHT. V-WAY IDINSSSIOMD ANP TO ENGINEERING SCALE). I S. (GST TO BE PAID FOR LICENSE TO ENCROACH - $500 - PAYAtLP. ONE 4EK PRIOR TO CITY COUNCIL KeTING AT WHICH COUNCIL IS TO CONSI[)f:R APPRM,L. TC It BEST OP 14Y 4(NOWLt0t, THE ABOVE INF~TION 19 TRUE AKI MOECT. TOTOL F-012