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Home My WebLink About335-BASTAFF REPORT r ;. TO: BOARD OF ADJUSTMENT FROM: Planning Division/commnity Development Department REQUESTED ACTION: Consider a variance to reduce the Front yard building setback for an existing residence at 5650 Mistletoe Drive on part of Lot 1, Block 1, Will.owbend Addition, known as Tract "F", Block 1, said addition. The staff recommends 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 property owner's tract of land; and By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Eddie R. Schroeder is an attorney representing the property owner of the residence located at 5650 Mistletoe Drive. This house on part. of Lot 1, Block 1, Willowbend Addition was constructed about 20 years ago and certain minor encroachments were made by the structure into the front yard 25 foot building setback, as shown on the attached survey. This tract was further subdivided by an unrecorded plat and is known in the tax rolls as Tract or Lot 'IF", Block 1, Willowbeend Addition. The lot is on the corner of Mistletoe and Calder and is irregular in shape. Monica O'Connor, the owner, has been unable to sell the property because of one encroachment: a 21x3' projection by the foundation of the house at the front, where the carport is joined to the corner of the house next to the front porch. Exhibits are attached to this report. VARIANCE APPLICATION Fl""IRM BEAUMONTo TEXAS The Board of Adjustment has the power to grant variances where the following Listed conditions have been met. Indicate how your applical.-ion meets each of these conditions in the space following each condition. (11te applicant has the burden of proof to demonstrate that all three of the condi,,Aons necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to ai:thorize a variance from a requirement of the Zoning Ordinance when the Board J'-knds that all of the following conditions have been met: CONDITION A: That the granting of the variance will riot be contrary to the public interest. The variance requested is of small significance, and has been in existance since the original construction f the residence approximately 20 years ago, only having been discovered upon survey for a pending transaction. Basically the encroacment constitutes no condition that is contrary to public interest, CONDITION B: That literal enforcement of the ordinance wi'-].' result in un- necessary hardship because of exceptional narrowness, shall.cwness, 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 ro>r:rty itself as distinguished from a hardship relating to convenience finaiwial considerations or caprice, and the hardship must not result from the applJ.(,ant or owner's own act Lons of is irregular in shape, and because of the shape it is limited as to types of construction that might be placed on the same. It will be virtually impossible to correct the slight encroachment on the lot to conform wholly with the ordiance. CONDITION C: That by granting the variance, the spirit of i:he ordinance will be observed and substantial justice will be done. No material deviation from the ordinance exists to the extent that the granting of the exception is merely a ratification of a long pre-existing condition that constitutes no material breach of policy, and that a failure to to grant the exception will, under todays conditions, render the improvement unmarketable, due to conditions over which the present owner had no participation nor knowledge. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature k�4, 111(� Date:6 /,91 EDDIE R. SCHROEDER, Attorney for Monica O'Connor 2499 Calder Avenue Beaumont, Texas 77702 (409) 833-1449 FILE 335-13,4 LAW OFFICES EDDIE R. SCHROEDER, P.C. 2499 CALDER AVENUE P. O. BOX 5733 BEAUMONT, TEXAS 77706.0733 1409) 933.1449 October 21, 1988 Planning Division Room 240 City Hall 801 Main Street Beaumont, Texas 77704 Attn: Murray Durham RE: Application for Variance - 5650 Mistletoe Drive, Beaumont, Texas Monica O'Connor - Owner Dear Mr. Durham: The following is submitted in conjunction with the request for variance on part of Lot 1, Block 1, Willowbend Addition, Beaumont, Jefferson County, Texas, which is an irregular lot as per the plat accompanying this application. The structure was placed on this property by the original builder approximately 20 years ago at which time, due to the irregular shape of the lot, there were small encroachments of the foundation on the building setback line. All of these encroachments are minor, and were unknown to the owner prior to the survey made for a current transaction. The survey of the owner and the title policy of the owner obtained at the time of the purchase did not reflect the encroachments and thus the current owner was uninformed and did not participate in any way in the creation of discrepancy now being corrected. Due to the fact that under current conditions a variance by the city is required by the new lender for loan purposes because of restrictions in the secondary loan market, it is necessary that a variance be obtained to protect the marketability of the property. Since the enchroachments are so minor as to not be contrary to the public interest, and do not interfere with the goals and purposes of the ordinances applicable and the failure to grant a variance would be such a hardship on the current owner due to its effect on marketability, justice and equity would require that the variance be granted. On behalf of the owner, Monica O'Connor, the undersigned request that you please give favorable consideration to the request for variance as submitted. Thank you very much. Yours truly, ),(A Eddie R. Schroeder ERS/cpr Enclosures 0103"K WE SURVEYORS CERTIFICATE: I P_ (24 1, GUY A. SYOP#%ClP+49R, JR., 00 HEREBY CERTIFY THAT THIS It AN ACCURATE Pt.AT OF A TRACT OF LAND KnvWi4AS vYgLC� T XNTS AND 44ING ?22�1 t JP�U �O SH .�WT ALL IMPROVKM Z -- AS RECORDED IN VOLUME PAQK_.��Of THE —COUNTY, TEXAS. THERE WERE NO VISIBLE ENCROACHMENTS ON THE PROPERTY AT THE TIME OF THE SURVEY AS INDICATKO IN THE FOREGOING PLAT. &� A qcH F-t- Jul)'_� _,;lxOP9RTV OWNERS mx—m—D GUY A. STONECIPHER, JR. REGISTERED PUBLIC SURVEYOR NO. 1779 swesciplego AND swomm TO, BEFOREME, A NOTARY PUBLIC, IN AND COUNTY, Tax^$, THj,%THE MAY 0 wy jz' JOB :7 kL COUNTY, TKXAS. NOTAR" I-JOLIC IN AND NUMBER -1 Yr L STATUS OF APPLICANT: OWNER PROSPECTIVE BUYER TENNANT X OTHER (Attorney) LOCATION: 5650 Mistletoe Drive LEGAL DESCRIPTION: Part of Lot 1 Block 1 Willowbend Addition EXISTING ZONING: R-S (Residential Single Family Dwelling) FLOOD HAZARD ZONE: X C (MEMIAL) B (MODMTE) A (100 YEAR) FLOODWAY SIZE OF PROPERTY: 0.23 ACRES, more or less. EXISTING LAND USES: Residence. SURROUNDING LAND USES: NORTH: Residential & Comercial EAST: Residential SOUTH: Residential WEST: Residential IVE PLAN: Stable Area � w : • w +'1j"'i1111i1�i�"��11�`I SURROUNDING • -.0 wv% CASE # 335--SA PUBLIC UTILITIES, STREETS AND SERVICES SrIPM ACCESS NM DESIGMMON c,STIM.. Cxx+a4zfflmsm PiAN: ST= R.O.W. */PAVEt rr DESI0iPiUORM.O.W. Mistletoe Drive 60' / 26' Residential / 60' WATER LINES (SIZE AND LOCATION) :2" water line in Mistletoe Dr. SANITARY SEWER (SIZE AND LOCATION) :6" sanitary sewer line in Mistletoe. DRAINAGE:21" Storm Sewer in Mistletoe Drive. rQ r rr� * • � A .• A ADEQUACY OF FACILITIES AND SERVICES: The public facilities and services are adequate. r * R. 0. W.= RIGHT OF WAY CASE# 335-BA •,11 • 1 maw= The Board of Adjustment is empowered to authorize a variance from a require- ment 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. 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 appli- cant or property 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. r (A) Granting the variance will not be contrary to the public interest. The house was constructed about 20 years ago. Most of the residences in this one block long subdivision were constructed at approximately the same time and are large homes, similar in style and architecture. All of the lots were re - platted by unrecorded plats after 1959. This encroachment poses no threat to public health or fire safety. Traffic safety is neither aided nor harmed by the encroachment. (B) Literal enforcement of the ordinance will result in unnecessary hardship to the owner because the 20 year old encroachment (21x3') was not a result of action by Monica O'Connor. This encroachment was only recently discovered by a lender during a real estate transaction. The lot has a very irregular shape and is also a corner lot. The residence contains five sides. (C) Granting this variance will observe the spirit of the zoning ordinance and justice will be done. A variance for the 21x3' encroachment into the front yard setback will enable the owner to sell the property in the present real estate market. 0 ------ FILE 335—BA. Request for a variance to reduce the front NORTH yard building setback. APPLICANT: Eddie Schroeder, Attorney for Monica O'Connor SCALE 1/200 of 10 to 0 I's 40 Sol to C, 0 4Wt el r 3 2 4 AO r) d N CA 000 r57 -*743 VW000 { '% �'°' .171 5 i At JV 96 lug