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Home My WebLink About326-BADATE: August 28,1987 TO: BOARD OF ADJUS FROM: Planning Division/Coxrnmity Development Department REQUESTED ACTION: Request to vary the required 25-ft. front yard building setback to 15ft.; lot 3, Bayou Bend Addition; General location, of.subdivision is south of Delaware St. at Crow Road. STAFF RECOMMENDATION The staff recommends approval of the variance based on the following: that the granting of the variance will not be contrary to the public interest; that literal enforcement of the ordinance will result in unnecessary hardship as described by the Zoning ordinance; and, that by granting the variance, the spirit of the Ordinance will be observed and substantial justice will be done. PETER WELLS PAT RICK T� PEYTON LOUIS H. BEARD S. L. GREENBERG TANNER T, HUNT, JR. WALTER J. CRAWFORD, JR, JOHN B. oWGLEY J. MARTIN GREEN PHIL DUNLAP LAW OFFICES OF WELLS, PEYTON, BEARD, GREENBERG, HUNT AND CRAWFORD SUITE 624, PETROLEUM BUILDING P. O. BOX 3706 PETER BOYD WELLS, M BEAUMONT, TEXAS 77704-3708 MARTIN E. BROUSSARD 40910:3191-2644 MARK A. FREEMAN BRUCE PARTAIN CABLE ADDRESS: WFLLDUN TWX 910-884-5199 TELECOPIER: 409-635-4713 HARVEY L, WARREN, M CHtRYL D. CLESEN GARRY A. OFFERMAN JOE PHILLIPS 0 DUNCAN AUgUSt 14, 1987 MY Or PIP 14 BI17E' E, , -�979) Planning Division City Hall, Room 240 - 801 Main Street Beaumont, Texas 77704 AUG 14 10T Gentlemen: The attached application for variance is made, on behalf of my client, John R. Ohmstede ("Applicant"), with respect to the property commonly known as 3 Bayou Bend Place and legally described as Lot 3, Bayou Bend Addition, Beaumont, Jefferson County, Texas. A variance from the 25-foot front yard setback requirement is requested on behalf of Mr. ohmstede. Applicant recognizes that zoning ordinances are for the benefit of the citizens of the City of Beaumont and are important for the orderly development of property. However, variances from zoning ordinances are necessary in those, instances where a practical hardship with respect to the development of a person's property grows out of the permanent conditions affecting said property. In the instant case, because of the unusual shape of Applicant's lot and the utility and drainage easements that affect said lot, a variance is necessary to allow Applicant to reasonably develop his property. If you have any questions, please do not hesitate to contact me. Very truly yours, Martin Broussard MB/pas Enclosure, cc: Mr. John R. Ohmstede 4740 Fieldwood Beaumont, Texas 77706 0 & 0 APPLICANT: Martin Broussard PROPERTY OWNER: John & IM Ohmstede STATUS OF APPLICANT: OWNER PROSPECTIVE BUYER TENANT X OTHER (Attorney for owner) LOCATION: 3 Bayou Bend Place LEGAL DESCRIPTION: Lot.,3, Bayou Bend Addition . ..... EXISTING ZONING: R-S FLOOD HAZARD ZONE X C (MNIMAL): B (NODMATE) A (100 YEAR) FLOODWAY SIZE OF PROPERTY: 0.95 ACRES 1+ EXISTING LAND USES: Vacant Resident LOt SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential & Drainage Ditch WEST: Residential SURROUNDING ZONING: R-S R-S COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: NONE 0 i ,guy. �� ,... : ►rr r a�,. r�ryM�Ci1_`rd CAS A E ESTING: CCMPREHMNE P'C W: STREET R.o.'W.* PA I' DESIOLAUOK/R.o.jW'. Bayou Bend Place 501 / 2.7' (Private Street and, Utility Easement) WATER LINES (SIZE AND LOCATION) 611 line in Bayou Bend Place SANITARY SEWER (SIZE AND LOCATION) 611 Sanitary in Bayou Bead Place. DRAINAGE Storm Sewers to existing 75-ft DD#6 drainage ditch which rugs east and west, south of the subdivision. FIRE PROTECTION: FIRE STATION NO. 411, Gladys and Lucas. ADEQUACY OF FACILITIES AND SERVICES: The facilities and services are adequate to meet the needs of the subdivision. NOTICES MAILED TO PROPERTY . . * Rr RESPONSES IN FAVOR RESPONSES IN OPPOSITIOI * R. 0. W'..= RIGHT OF SAY cJ, VARIANCE APPLICATION FORM BEAUMONT, TEXAS [AUG 2 6 1987 The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board 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. Please see attached sheet for explanations. CONDITION B: That literal enforcement of the ordinance will result in un- necessary 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 toconvenienc ' e, financial considerations or caprice, and the hardship must not result from the applicant or 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. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Date: } ! F M 1F A -P e 001910414, The granting of this variance will affect only those sixteen homeowners in the Bayou Bend Addition. These homeowners have already agreed to an amendment to the deed restrictions of the addition to allow for this variance. CONDITION B The lot in question is very unusual. Specifically it has a shallow utilizable depth resulting from its triangular shape and a 30 foot utility easement to the rear of the property. In fact, approximately 40 percent of the property within the lot lines consists of setback and/or easements. This variance is necessary to allow the construction of home which would be consistent in size and nature to the others in the addition. CQNDITION C I do realize that zoning ordinances are for the benefit of the citizens of the City of Beaumont and are important for the orderly developement of property. However variances from zoning ordinances are necessary in those instances where a practical hardship with respect to the developement of a person's property ,grows out of the permanent conditions affecting the property. I therefore believe that by the granting of this variance, the spirit of the ordinance will be observed and justice will be done, HEREBY+r THE BEST OF ! M THE i'1 x ei Ohmstede Date C A E # 326-BA 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: OONDTTION A: That the granting of the variance will not be contrary to the public interest. OONDlTTION 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. "Uecessary 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. COMMON C': That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. ANALYSIS. (a) The granting of the variance will not be contrary to the public interest. Bayou Send is a small subdivision with lots fronting along a private street. The other property owners have agreed in writing to the variance by executing and recording a change in the additions deed restrictions to allow a 15 foot setback. Applicant has met condition A. (b) Literal enforcement of the ordinance will result in unnecessary hardship to the owner. The lot is irregular in shape and, although quite wide, is very shallow, narrowing down to only 30-ft. on it's east side. The rear 30 foot of the lot and the west 10-ft. are dedicated utility easements. The owner has planned a residence consisting of approximately 5,000 sq. ft. No other lots are available in the subdivision. The applicant has met condition B. (c) The spirit of the ordinance will be observed and substantial justice will be done if the variance is granted. The other property owners in the addition are in agreement with the request. The lot has a shallow, irregular shape and no other lots are now available. The large home planned is similar in size to the existing homes in this restricted addition. The east 280 of the lot will remain as undeveloped yard space. Applicant has met condition C. DATE: TO: FROM SUBJECT August 31, 1987 Board of Adjustment Kirt Anderson, Senior Planner/Landscape. Architect Proposed Amendments to the Bylaws of the Board of Adjustment C d M M E M T The Board reviewed their Bylaws during the month of June and decided to make several changes. Staff prepared the proposed changes and presented them to the Board in writing at the July meeting. The Board reviewed the proposed amendments and moved to place them on the next Board meeting for adoption. There was no meeting in August, therefore the proposed amendments were scheduled for adoption at the September meeting. This process of review and adoption complies with Article X1 Section 1 of the Bylaws on amending the Bylaws. Attached is the staffs memo for the June meeting with comments on the proposed amendments. Also attached is an exhibit with the. proposed language for each amendment to the Bylaws. The staff recommends the amendments to the Bylaws be approved. Attachments KA:wb PLANNING COMMISSION RECOMMENDATION: an September 3, 1987 the Planning Commission recommended approval by a vote of 5-0. AAA" DATE: June 26, 1987 TO: Board of Adjustment FROM: Kirt Anderson, Senior Planner/Landscape Architect SUBJECT: Discussion of proposed amendments to the Bylaws of the Board of Adjustment C Q M M M M T * At the June 4, 1987 Board of Adjustment meeting the Board reviewed the Bylaws. The results of that meeting was a request by the. Board to amend several sections of the Bylaws. Attached is an exhibit with the proposed changes as requested by the Board. In Article I, Section 1, the proposed amendments will mandate the Board to set a calendar for each coming -;ear before the end of the current year. It will also mandate that the Board meet at least monthly except when there is no business to transact. It also allows the Chairman of the Board to call special meetings. In Article III, Section 1, the proposed amendment allows the cases to be numbered in sequence as received by the Board's Secretary (staff). This is the current procedure. The current Bylaws wording requires the sequence of numbers to begin anew each calendar year. In Article III, Section 2, the proposed wording modifies the existing wording to allow the Secretary in addition to the Board to advance a case in the order the cases -are to be heard at a public hearing. In Article IV, Section 3, the proposed wording clarifies the sequence of the presentation for the public hearing. The sequence requires the staff to present the basic facts of the case first. Then, the applicant has the opportunity to present his case. Next, the staff presents their side of the case. Interested property owners at this point are allowed to present their side of the case. Finally, the applicant may present his closing statements. Throughout the process the Bylaws allow the Board to ask questions or discuss the issue before them. The Bylaws under Article XI sets forth the method by which the Bylaws may be amended. Article XI contains one section which reads as follows: rar,t;: z. 6/26/87 Memo Section I These rules may be amended or modified by an affirmative vote of not less than four members of the Board, provided that such amendments be presented in writing at a regular meeting and action taken thereon at a subsequent regular meeting. It is recommended that these proposed amendments presented here in writing be discussed and placed on the August 6, 1987 meeting for final approval. PROPOSED AMENDMENTS TO ` HF BYLAWS OF THE BOARD OF ADJUSTMENT CITY OF BEAUMONT ARTICLE I. MEETINGS Section l to be amended to read as follows: Section 1. Regular meetings of the Board of Adjustment shall be set for the coming year before the end of the current year. The. Board shall hold at least one meeting per month, except when there is no business to be transacted. Special meetings may be held at any other time upon call of the Chairman. ARTICLE III. THE DOCKET AND CALENDAR Section 1 to be amended to read as follows: Section 1. Each application filed in proper form with the required data. shall be numbered in sequence as received. Each application shall then be placed upon the calendar of the Board by the Secretary. Section 2 to be amended to read as follows: Section 2. Applications shall be heard in the order in which they appear on the calendar except, that an application may upon good cause be advanced for hearing by decision of the Secretary or order of the Board. Where all applications cannot be disposed of on the day set., the Board may continue the hearing to a new date and time. The new date and time must be set before the meeting is adjourned. ARTICLE IV. HEARINGS Section 3 to be amended to read as follows. Section 3. At a hearing the order of presentations shall be as follows: a. a presentation of the case facts by the secretary b. the applicant's side of the case; c. the secretary's side of the case; d. interested property owner's side of the case; and e. the applicant's closing statement. The Board members may discuss the issues and ask the secretary, the applicant and the interested property owners questions about the case throughout the presentation. I