HomeMy WebLinkAbout329-BASTAFF . REPORT CASE 746
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DATE: November 23, 1987
TO: BOARD OF ADJUSUMM
FROM: Planning Division/Commmity Development i- •. w
REQUESTED ACTION: Consider a variance to reduce the, required front
yard of a residential lot from 25-ft. to 9-ft. at 3340 S. P. Road
at Southerland.
The staff reconmends the variance be granted because:
Granting the variance will not be contrary to the public
interest;
Literal enforcement of the Ordinance will result in an
unnecessary hardship due to the irregular shape of the
applicant's tract; and,
By granting the variance, the spirit of the Ordinance will be
observed and substantial justice will be done.
• rA
The applicants, Freddie L. and Cheryl S. Owens are the owners and
operators of Little Angels Nursery, a child care facility located at
the corner of S. P. Road and Southerland Street. Their building, a
previous residence, is situated on an irregular shaped tract with
principle frontage on Southerland, although the structure fronts and
is addressed on S. P. Road. The existing building was constructed
nine (9) feet north of the property line on Southerland. The Zoning
ordinance requires a 25 foot setback, therefore the applicant is
requesting this variance to reduce the 25 foot setback to 9 feet to
match the existing building.
The Owen's hired a contractor to build a 1.4' x 2418" addition to the
west or rear part of the building. The contractor made the addition
line up with the south wall of the existing Structure. He failed to
obtain the City's review and did not obtain a building permit.
The applicant is asking the Board to allow the added construction
which, in effect, is a nine foot setback from the legally defined
front yard but a side yard to the building. The property is fenced.
Applicant letter is attached to this report.
VARIANCE APPLICATION FORM
BEAUMONT2 TEXAS
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.
This addition poses no health, fire or safety problems to the
public or neighbors.
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 to convenience, financial considerations
or caprice, and the hardship must not result from the applicant or owner's
own actions.
This lot is traingle shape which is exceptional narrow and
and shallow. This addition was added to meet minimum standards for
operating a day care. (letter attached)
CONDITION C: That by granting the variance, the spirit of the o I rdinance will
be observed and substantial justice will be done.
This addition blocks no drive ways, through ways. Does not
interfere with public parking and is the only house facing west on
souLherland street. All other houses face Harriot Street. The
addition faces only neighbors back yards
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applihant's signature: Date: 0
(J�
_2PAttle <:-,4nqz& <--Nurtlelty
State Licensed
Meals - Snacks • Transportation
3340 S. P. Road & Harriot - Beaumont, Texas 77705 , (713) 832-8914, 842-3684
October 12, 1987
Dear. Board Of Adjustments,
I hired Edward Falgout of Construction Enterprises, to add
a room to my existing day care. I asked him for references,
which lie gave me. His references checked out fine. In
checking his references, Wiener's Department Store told me the
managment was pleased with his work. The two other references
told me lie did good work: and there were no problems. The
Better Business Bureau said lie had no record with them. This
meant he had no complaints, or his company was too new. He
started the job, but did riot finish. I was unable to reach
him. In my efforts to hire another contractor, I learned not
only did Edward Falgout not apply for a permit, he built the
room 11 511 to close to the fence in the back and 11 more than
it should have been on one side.
In adding this addition, it was not my intentions in any way,
not to abide by the city codes. Being a person with very
limited knowledge about adding additions, I relied on my
contractor to excute his knowledge and skills. Just as I
would a doctor, lawyer, plumber or any person, lincense or
skilled in their profession. Parents expect me to know and
understand the operations, laws and minimum standards of day
care, and carry them out responsibly. I expected as much
from Edward Falgout. At the same time, it is obvious, that I
am not relieved of the responsibility of Edward Falgout act-
ions. At the same time it is not unreasonably, to expect a
lincense, bonded contractor to apply for a permit and build
according to the codes of the premit#
4
Standard 7300, page 29 states; There must be a lavatory in
the infants area on August 26, 1987. 1 was not able to get
a (wavier) but recived a (letter) on conditions of the infants
lavatory. (letter attached). The letter states because I
have accessibility to a lavatory, I would not need a lavatory
in the infants area. At the same time the letter states,
be incompliance, with the standard 2300, pg. 10, no.10 for
supervision. This means when the infant's teacher must leave
her room to wash up after diaper changes, wash up infants,
sanitize changing pad etc. I must leave my class unsupervise,
to supervise the infants. Leaving my class-UnSu-Pe 'vise for
even a short time is an noncompliance. The walls that separate
my class room also was not incompliance. According to the space
needed for each child. If you will look at the drawings, YOU
will see 14 what I did to correct the problem. The arrangments
of the doors and walls that separate rooms, make it impossible
to supervise all the space my class must use at one time.
Standard 3100, no. I states: Each child must have 30 square
feet of indoor activity space. By moving all learning centers
into one room, I can supervise both the learning centers and
art room at the same time. All children will be in the music
room or class room at one time, for group activities. These
plans will meet all standars for an infants lavatory and super-
vision.
If I am to continue operations I must upgrade my day care to
meet minimum standards. I
The letter of August 26, 1987 is the results of a waiver I was
not able to get. At this point I was faced with the choice of
not caring for children, adding an addition or purchase another
building, which I could not afford.
This addition was added in good faith to meet minimum standards
and provide quality care.
Standard 3100, no 2, states': Their must be 80 square feet of
outdoor space for each child. If this addition was constructed
in any other way, it would reduce my playground to a long narrow
strip. This type of playground would not meet standards.
This addition poses no threat to the cummunity. There are no
fire, health or safety hazards. There is no inconveniences to
the public, block drive ways, alley ways or crowing of other
lots. There are no complaints from neighbors. The addition is
not contrary to the public good in any way.
The traingle shape of the lot meets the burden of proof for
"SPECIAL EXCEPTION".
Those who are familiar, with our school know that we do a great
deal of work with disadvange children. 95% of our services go
to disadvange, low income or single parents. I have enclosed a
letter from June Klein to support this fact.
To say that I regret hireing Construction Enterprises is putting
it mildly. I have learned a great deal from this experience.
There were no self serving motives in adding this addition. it
is needed to meet minimum standards, and insure quality care for
the children.
sincerely yours,
Cheryl Owens
Owner -Director
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APPLICANT:N • - ..O. * - b••
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STATUS OF APPLICANT: X OWNER PROSPECTIVE BUYER
TENANT OTHER
LOCATION: 3340 S. P. Road
LEGAL DESCRIPTION: Lot 2, Block 1.9, Booker Heights
EXISTING ZONING: RM-H (Residential FLOOD HAZARD ZONE X C (METIML)
Multiple Family Dwelling -Highest _ B (WDERATE)
Density) A (100 YEAR)
FLOODWAY
PROPERTY:SIZE OF ,
EXISTING LAND USES: Child Care Center
SURROUNDING LAND USES:
NORTH: Residential and. R. R. Row
EAST: Street and R. R. Row
SOUTH: Public School
WEST: Residential
SURROUNDING ZONING:
RM-H (Residential Multiple Family
Dwelling -Highest Density)
RM-H (Residential Multiple Family
Dwelling -Highest Density)
RM-H (Residential Multiple Family
Dwelling -Highest Density)
RM-H (Residential Multiple Family
Dwelling -Highest Density)
COMPREHENSIVE PLAN: Conservation & Revitalization
OTHER PHYSICAL FEATURES: NONE
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Harriot
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Residential / 50'
Residential / 501
Residential / 601
WATER LINES (SIZE AND LOCATION) 2" line in Harriot; 211 line in S. P. Road;
6" line in Southerland
SANITARY SEWER (SIZE AND LOCATION) 12" line in Harriot; 6" line in
Southerland
DRAINAGE: 48" Storm Sewer in Harriot; 24" Storm Sewer in S. P. Road; and
1811 Storm Sewer in Southerland.
FIRE PROTECTION: FIRE STATION NO. 3, Kenneth & Brockman
ADEQUACY OF FACILITIES AND SERVICES: Facilities and Public Services at this
location are adequate to meet the needs and requirements of the land use.
i
1 1 1
* R. O. W.= RIGHT OF WAY
The .•. • of • wment is ezpawered to authorize a variance from
requirement of the Zoning ordinance when the Board finds that all of the
following conditions have been met:
qRaITIGK A: That the granting of the variance will not be contrary to the
public interest.
COMMON B: That literal enforcement of the ordinance will result in
unnecessary headship 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 property owner's own actions.
OOND1' Off C: That by granting the variance, the spirit of the ordinance will
be observed and substantial justice will be done.
ANALYSIS,
(A) Granting the variance will not be contrary to the public interest.
The 9' setback resulting from the addition to the building is in
line with the setback off Southerland that has existed for many
years, probably beginning with the original construction of the
center when it was a residence. The addition to the "rear" of the
child care center does not obstruct the vision of vehicular traffic
on Southerland nor is the addition close to any other homes or
buildings from any other direction. The nearest house is a vacant,
abandoned unit that is located about 60-ft. north of the child care
center. The nearest other residence on Southerland is approximately
250-ft. to the west. A public school (elementary) is located across
the street on the south side of Southerland. The ROW width of
Southerland is 60-ft. and the pavement width is 18-ft. This leaves
30-ft. between the edge of the pavement and the wall of the
building.
CASE + r_B.
(B) The lot is irregular in shape. It comes to a point on the north end
on Harriot. This area is the children's playground. The day care
was opened before specific use permits were required for this use in
high density residential areas. The addition was made to comply
with State of Texas regulations regarding space requirements for
clients of child rare centers. An addition to the north side of the
building would take away from the required square footage of State
mandated play area, based on the number of children allowed. The
applicant, although the property comer, relied upon the contractor
to obtain building plan review. The contractor responsible for this
work has left the area and cannot be contacted, according to Mrs.
Owens.
(C) The spirit of the ordinance will be maintained by granting the
variance and justice will be done. The 9-ft. setback is identical
with the present, pre-existing setback of the structure. No traffic
or fire hazards are created by the addition. It is felt that the
property owner was taken advantage of by the building contractor
employed. The end results of the 14' x 24181' addition is additional
space for the children of the child care center.
Moreover, although the legal front of the lot is on Southerland, the
physical and traditional front and address of this corner lot has
been S. P. Road, thus creating an exterior side yard on Southerland.
The normal exterior side yard requirement is 10-ft. The remaining
setbacks on the property are in compliance.
329-•BA. To consider a variance or a
„u special exception to reduce the re-
�j quired front yard building setback
0 7a ` ! r , i .'ti ! , 1 a for an existing child care center
f
` from 25' to 9'
APPLICANT. F.L. & Cheryl Owens
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