HomeMy WebLinkAbout319-BASTAFF . REPORT CASE -91P 319-BA
TO: Planning Commission & City Council DATE,. 3/30/87
FROM: PLANNING DIVISION/COMMUNITY DEVELOPMENT DEPARTMENT
REQUESTED ACTION: Request for a special exception to reduce the required
setback from 25 feet to 7 feet on lot 14, Block 2, Dowlen West Addition.
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The Planning staff recommended denial of the special exception based on the
following:
• tp grant a special exception would adversely
affect adjacent properties; and,
o to grant a special exception would be contrary
to the public interest.
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CASE+ 319-BA
APPLICANT: A & M Aluminum PROPERTY OWNER: Rufus Kilpatrick
STATUS OF APPLICANT: C1 OWNER El PROSPECTIVE BUYER
0 TENNANT El OTHER (Contractor)
I LEGAL DESCRIPTION. Lot 14, Block 2, Dowlen West Addition _
EXISTING ZONING: B-S FLOOD HAZARD ZONE D C (Minimal)
El B (Moderate)
0 A (1'00 YEAR)
1:1 FLOOD WAY
0.27
SIZE OF PROPERTY: ACRES
I EXISTING LAND USES: Single Family Residence
SURROUNDING LAND USES:
NORTH:
Residential
EAST:
Residential
SOUTH:
Residential
WEST:
Residential
I COMPREHENSIVE PLAN,: Stable Area
SURROUNDING ZONING:
R-S
R-S
R-S
R-S
CASE 4" 319-BA
PUBLIC UTILI�TIES,SiTREETS AND SERVICES
EXISTING: COM PREHENSIVE PLAN:
STREET R. C. -W.* /PAVEMENT DESIGNATI'ON/.R. 0. W.
Randolph Circle 60 / 261 Residential / 60
Daisy Drive 60 / 26' Residential / 60
WATER LINES (SIZE AND LOCATION) 8" in Daisy, 6" in Randolph
SANITARY SEWER (SIZE AND LOCATION) 8" in Daisy
DRAINAGE 18" in Daisy, 21" in Randolph
FIRE PROTECTION: FIRE STATION NO. 9, 7010 Gladys
APEQUACY OF FACILITIES AND SERVICES: Facilities and Services are adequate.
COMMENTS
* R. 0. W.= RIGHT OF WAY
C '4
ASE# 319-BA
C () Aq D VI I as pq 3 0 F" A Pi"I 1"I (,) V A L. FO R
S P E C I A L. EX G E FYTI () 14 S
Special ExceptionH may be granted in the following situations:
n) To reconstruct, extead or enlarge a building occupied by a nonconforming use
on the lot or Lract occupied by such building, provided that the Yeconstyuc-
tion, extension, or enlargement does not prevent the return of the property
to a conforming use.
b) To deviate yard requirements in the Following circumstances:
1) An exception from the front yard requirements where the actual front
yard setback of a" 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,
3) An exception where thn existLng front yard setbacks of the various lots
in the same block are not uniform, so that any one of the existing front
yard setbackn shall, for as building hereafter constructed or extended,
be the required minimum front yard depth.
4) An exception from the minimum front yard requirements for owner identifi-
cation signs where a structure existing at the effective date of this
Chapter precludes locating a sign in compliance with the setback regula--
1ion .
5) An exception from as minimum interior side yard setback requirement for
owner identification signs for existing businesses which were developed
prioi to April 1, 1981, where there is no safe place to erect a sign in
compliance Mh Wo minimum setback requirements. A condition for grant-
ing 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 existencn at the time of the passage of this
ordinance.
c) To waive or reducn off-Mrem parking and loading requirements when the Board
finds the same are unnecessary for the proposed use of the building or struc-
ture for which the npecLal exception request applies,,
SOURCE: City of Beaumont Zoning Ordinance, Sec. 30-37E.2.
ANALYSIS -BA
The subject lot fronts on Daisy Drive. The Zoning Ordinance define
Property line on a corner lot as the street side with the narrower frontage.
The .lot has Itr3 feet aloe s the front
setback along Daisy is 25gfeety and l22 feet along Randolph. The required
�
The application complies with special condition (b)2 which states the
may grant a special exception to deviate board
a
The subject lot is a corner lot located atDaisegUirement on corner lots.
y and Randolph.
• The granting of a special exception would adversely
Properties. The adjacent property to the west fronts foncDaisy wit the th
foot yard setback. All the lots along Daisy whether facing Dais or
have a 25 y h a 25
foot building setback shown on the recorded subdivision plat.
ot
in residential zones as part of the year -.Long process involveo IAL LeVLbLixr,
the Zoning Ordinance in 1981. There was extensive participation by
the public, builders and developers, in the formulation of the Zoning
Ordinance. It was the Council's ,judgement that the 25 foot setback
was needed to meet the goals of an orderly development and an attractive
community appearance.
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FINAL PLAT
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The house on the subject lot fronts on Randolph.' If Randolph was the front
of the lot then the ordinance would require a 15 foot setback from Daisy.
The applicant is requesting a 7 foot setback. The ordinance does allow
a carport to encroach in the front yard where an existing residential structure
does not contain a garage providing there is no adequate area for an
accessible parking space behind the front yard area. This carport is attached
to the front of the existing garage and therefore, does not qualify for
this Area and Height Exception.
• A special exception would not be in the best interest of the public but
would only grant a special Privilege for a 24-f t. long carport constructed
without a building permit. The zoning ordinance requires specified setbacks
or yards to provide for orderly development, separation between buildings
and to prevent crowding and cluttered streetscapes. City Council and the
Planning Commission adopted the 25 foot front yard requirement for structures