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Home My WebLink About325-BASTAFF. REPORT C A S E 44- 325-BA DATE: June 18, 1987 FROM: Planning Division/Community Development Department REQUESTED ACTION: Request for a special exception to reduce the required rear yard to 7.5-ft. for a corner lot at 98 Orgain and Bayou Road. The staff recommends denial of the special exception to reduce the required rear yard to 7.5-ft. for the following reasons: the special exception will adversely affect the value and use of the adjacent or neighboring property; and the special exception will be contrary to the best public interest. June 14, 1987 Planning Division, Room 240 City Hall,' 801 Main, Street Beaumont, Texas 77704 We built the home we are occupying at the present time on the corner of Orgain and Bayou Road twenty-one years ago this September. This was a nice quiet residential neighborhood. This was before Laural Street was extended from 23rd Street. I, can say we have one of the better kept homes and lawn, in the addition. In fact, the neighbors were quite upset when we mentioned moving because of our garage problem, We are friends with the neighbors on the other three corners and are confident they have no plans to move, My daughter -,in-law is employed by a local attorney and we asked her to check on the setback requirement for property lines inn our addition and were told there was a fifteen foot easement at the back of the property and we could extend our garage to with seven and one-half feet of the line, We had two beautiful trees removed and the stumps ground j-n preparation for our garage, When I inquired about the permit . t at City Hall' the first person told me we could only build within ten feet of the line, The next day someone else told me I could only build within fifteen feet of the line. We do live on a corner and this seems to be the pro� blem. I was told my neighbor next door could build withi ' 'n five feet of the property line. We did have to build far back on the side of our property because of the corner and we do enjoy our large yard because of this requirement. There are disadvantages for a corner I will mention later,' We have a s,ix foot house grade cedar fence around our back -yard, This garage will be built out of the house grade cedar (not siding) and will add to the beauty of the home as well as the neighborhood, The reason we are building this garage is to protect our property, Since the Phelan Movie Theatre was built only two houses from our corner pro-, perty and home' there is quite a bit of pedestrian traffic cutttng.,across our lawn and around the corner. Our car has been vandalized twice, tires in the neighborhood have been slashed, potplants have been stolen and thrown into the street and all ki,nd of trash thrown across our lawn', We are unable to move because of the economy and the loss we would have to absorb on our investment. When we built here twenty-one years ago, we never dreamed the neighborhood would be so near a commercial environment. I am retired from Mobil and always planned to have my home paid for by the time of retirement, not move and start all over,. I ask that you please permit me to build within seven and one-half f6et of the property line in the back i'n order to build MY, garage size to house a car, pick-up, boat and allow me a small work shop to enjoy my retirement days. Sincerely, CharlesG. Hunter 98 Orgain Beaumont, Texas 77707 Attachment: $125.00 Processing Fee IW / 17» C- CASE # 325-M GENERAL INFORMATION APPLICANT: Ctaarles H. & Eu enia PROPERTY OWNER: Same Hunter STATUS. OF APPLICANT: X. OWNER PROSPECTIVE BUYER TENANT OTHER EXISTING ZONING: R-S FLOOD HAZARD ZONE X C (MINIMAL) B (MDERAT. ) A (100 YEAR) FLOODWAY SIZE OF' PROPERTY: 0.22 ACRES ± EXISTING LAND USES: Residential SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: NONE ,SURROUNDING ZONING: R-S R-S R-S R-S PUBLIC UTILITIES, STREETS AND SERVICES ST = ASS AND IDESITION Rr Os Wr* PAVE{ LlL'w?I92=OK/%rO-T1i. Orgain 601 / 26' Residential / 601 Bayou Road 601 / 26' Residential / 60" WATER DINES (SIZE AND LOCATION) 811 line in Orgain; 811 in Bayou Road SANITARY SEATER (SIZE AND LOCATION) 8" line in Orgain; 811 in Bayou Road. DRAINAGE 1811 Stormy Sewer in Orgain; 4811 storm sewer in Bayou Road FIRE PROTECTION: FIRE STATION NO. 411, Gladys and Lucas. ADEQUACY OF FACILITIES AND SERVICES: Facilities and services are adequate. NOTICES MAILED TO PROPERTY OWNERS 21 RESPONSES IN FAVOR RESPONSES IN OPPOSITION COMMENTS R. O. WW.= RIGHT OF WAY CAS,E+ 325-BA 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 reconstruc- 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 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. 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 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- tion. 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 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 existence at the time of the passage of this ordinance. 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 or struc- ture for which the special exception request applies. SOURCE: City of Beaumont Zoning Ordinance, Sec. 30-37E.2. CAS�E* 325-BA The Board of Adjustment may grant a Special Exception from the requirements of the Zoning ordinance if the request complies with one of the conditions listed in the zoning ordinance for special exceptions and if the Board finds that the special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. 1) Section 30-37E.2. (b) (2) authorizes an exception to corner lots. The applicant's lot is at the corner of Orgain and Bayou Road. 2) A special exception in this instance will adversely affect the value and use of adjacent property. Applicant is permitted to construct a detached garage within 7.5 ft. of his rear property line as an accessory structure in an R-S (Residential Single Family Dwelling) zoning district. There is a 15 ft. utility easement along the rear (west) property line - 7.5 ft. on the applicant's side and 7.5 ft. on his neighbor's side. The garage could be connected to the rear of the residence by an unenclosed breezeway and still meet ordinance requirements, including the open space regulations in the rear yard area. The ordinance requires a minimum rear yard depth of 15 ft. for a residence when no accessory structure exist. otherwise, a 25 ft. rear yard is the standard minimum depth. Applicant was advised of the option of a detached garage. The proposed shop could be constructed on the north side of the new structure.There is an existing garage with access from Orgain Street. 3) The special exception will be contrary to the public interest. There is nothing unusual about the size or shape of the applicant's lot. He could construct an addition or a garage using other available building options which would be in compliance with the ordinance. Granting the exception would be granting a special benefit not available to other property owners. J FILE 325-BA: Exception on Request for a a corner lot to Special reduce QZ 7 6 the required rear yard from 15' to C� I , 1 7.51 for an attached garage, Lot 4, 2j P R K Block 2, Caldwood Forest Addition to 'A the City of Beaumont, Texas. APPLICANT: Mr. & Mrs. Hunter n T. P L 24 2 5 4 1/ 200 Q) 104 Laurel L 4, wi L .aye C- D Bayou Rd -7