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Home My WebLink About333-BASTAFF REPORT CASE 3 3 3 -BA TO: BOARD OF ADJUSMAWT FROM: Planning Division/Commmity Development Department REQUESTED ACTION: Consider a variance to reduce the Lot area requirement for a two-family dwelling in an RS (Residential Single Family Dwelling) zoning district from 10,000 sq. ft. as required to 5,738 sq. ft. Lot 1, Block 1, University Place 2nd Addition, 638-40 Lavaca Street. Staff recommends approval 'of the variance to reduce the lot area requirement from 10,000. square feet to 5,738 square feet for the following reasons: 0 The variance will not be contrary to the public interest; • Literal enforcement of the ordinance will result in unnecessary hardship; and • By granting the variance, the spirit of the ordinance will be observed and justice will be done. 1 333-BA Marlin R. Williford has requested a variance to reduce the lot area requirement for a two-family dwelling (duplex) in an RS (Residential Single Family Dwelling) zoning district. The lot is located at 638-40 Lavaca, fronts on the south side of the street and is 102-ft. east of Maddox St. The dimensions of the lot are approximately 50' x 1141. The property is owned by Russell J. Long of Beaumont. Applicant's lot contains 5,738 square feet. The minimum lot area requirement in the RS district is 5,000 square feet per dwelling unit. In calculating minimum lot area, a duplex shall be considered to be two dwelling units. Therefore, the minimum lot area requirement in RS for a duplex is 10,000 sq. ft. Subject property has received a specific use permit from the City Council for the two-family use of the property subject to the stipulation that the property owner apply for and receive a variance to reduce the lot area requirements. The applicant's letter and other exhibits are attached to this report. VARIANCE APPLICATION FORI rmi I,, „4 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. See attached sheet 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. See attached sheet CONDITION Cc That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. See attached sheet I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. fae�m� Date: L tr2�4°.Applicants signature;�" (-','0NDI'PION A; 'I'li;,it the per antirift of the var-i"'Ince wil."t ri('A-.' lx. contrary to the publi-c The surrounding neidMWoml is Iarg(,-,Jy coirjj:x),-,mI of duplexes nrxi mi,ilti-family dwellingjs" 'Phe public intx-'.rest. would. [xa bet-Ax-1-- sie.rved I')y the ( leve)-ol.'.)ITY'nit. of this currently v<icant lot, du(-.n,, to iricr(,-,<ised revenues t;(-"'ne).-atcxl from waix-r, sewe.y,- and garbage services utilized Additionally, tlyare- would Ix--, a increase (Lq.) -to LA -In .in property taxes for the City, School and County due to '(Aic, improved valu;.'Ation of the coml,)J'(�:)t/ed imp.rovejyf'-ntkiFJnaJ-Jy' the Will serve as an to J-,he due U) the c(.)I,)S,I.d(:,.rat:ion given for landscaping and ae,-ithetic oil the s i te. CONDITIDN B: That literzil enforcera.-lit of the ord.inance will result in unn( '.cessary bar(Isbip because of exceptional narrownes.s, shall.owness, tx)jx)graph' or otlya.r (-ixtraordinary or exceptional pbysical. situat.ion o.),.- rdwsical condition unique to the specific piece of prop(:�)'�ty in "Ikinecessnry hardshi.1,)" slm�fll ife..an. physical Ivirdsblp relating to the property itself as disLint..lui:shed from a hardship relat'itV.& to convenience, financia). corLsiderations or caprice, and the hardship mui',it not result from Ox.) a.pp.licant or owners own actions. Lit'eral enTorc(-m*,-,,n-t-. oil the ord'inance wou'"I'd greatly hirlde'r the. propefty due (x) I% narrowness, an(,J t.tnique situ,.i(Jox)s and conditions pres(~ nt, in -the surrounding,' neightv).rhood. 1] The lot r..s tifty feel, and is the narrowest, lot in a neighborhood which is mostly coujj,.)os(:-d of duplexes. This greatly restricts th(-, abilitw—no attract a sint-&,le family residence in this area. Additionally, the existing duplexes are all consiructed on lots which do not conform Lo I -lie, minliv.w) area requirements. 2] 'PIx) suIxIi-vision was originally developed under R--3 oning. In 1-982 zoning was char#,'ed Ix) R-43 -thus creat-drW'y as liar(1shij..) on any l'o,ts which we.r(z) vacan't-, at; t1v'.1t, timr:". 3] The area 1muYDdi,aIx-,.1y acro'ss the street, is zorled RM-11 which all()ws hlgh(,,r don-sity ly:)using. This property commercAal, on it which are relatively new. I would estituxte th(�,se have lx,en con.,.0,ructed s:hice the zoning 4) Lavaca is a minor art-k-ri-al with. as relatively high traffic count. This stibjects the- U) road nois(-,� and traffic congestion grea-tor than a single family residence would warrant. The,se fac-tx)rs combine to pla(--,e a har(Iship on tbe prol:ert.y as a single family residence. CONDITION C: That, I)y Igtranting the variance, the spirit of the (-),rdinzAnce will lx= obse.).',ved and justice, wi.I.:l be done. I%e spirit of the ordinance wil-I lx, otxiervecl by the surrounding neighborhood from unsighLly or developme-,nt. Ju'st'lce will be done as hoireowners, of sinale family resie dencs have Ix?en dir(,x-tly contt,-ict'ed c,Ind -they approve and are in sunx)rt of my request. I I)EIV(.1 included of their llet't'ers so that. you iwiv know wjshe;s. 'Pbeir securi.ty an(I quality of life will not [')e Compromi.,,-;ed or viola'ted. r— 6 f L LN Lat Area v f y s 2 nci euddin Arta 1450 f f c fires Lot I S 15 50 Ivood, FetAcf 6' Lomdscapo, He4jt Flowvt Bad -Tirt Blooks Space. Pmrk;,o° Arto 51 � G uk, Trash C.Av\ 4t 2 Door Apf. 60 L A VA CA STREET 114-1� I r •. APPLICANT: Marlin Williford PROPERTY OWNER: Russell J. Long STATUS OF APPLICANT: OWNER PROSPECTIVE BUYER �TENNANT X OTHER LOCATION: 638-640 Lavaca Street LEGAL DESCRIPTION: Lot 1 Block 1 University Place 2nd Addition EXISTING ZONING: R-S (Residential Single Family) FLOOD HAZARD ZONE: X C (M flmL) B (MODERATE) A (100 YEAR) FLOODWAY SIZE OF PROPERTY: 0.13 ACRES EXISTING LAND USES: Vacant Lot. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Apartments RM-H EAST: Single Family Residence RS SOUTH: Vacant Lot RS WEST: Single Family Residences (facing west) RS COMPREHENSIVE PLAN: Conservation and Revitalization A z - 333-BA PUBLIC UTILITIES, STREETS AND SERVICES ST= ACCESS AND DESICIU ION MaSTM: OCMPPzff ISM PiAN: ST1= R.O.W.*ZPAVEMENTI' DESIOI9T.ON,fR.O.W. E. Lavaca 60' / 441 Minor Arterial / 60' WATER LINES (SIZE AND LOCATION) :811 water line in E. Lavaca. SANITARY SEWER (SIZE AND LOCATION) :10" sanitary sewer line in E. Lavaca. DRAINAGE:30" storm sewer in E. Lavaca.. FIRE PROTECTION: FIRE STATION NO.: 3, Kenneth @ Bradman. ADEQUACY OF FACILITIES AND SERVICES: Facilities and services are adequate for the proposed use. NOTIFICATIONAND RESPONSE NOTICES MAILED TO PROPERTY OWNERS: RESPONSES IN FAVOR } ♦ idol«Y k RESPONSES IN OPPOSITION R. O. W.= RIGHT OF WAY CASE# 333-BA. 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 As 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. M (A) Granting the variance to reduce the lot area requirement will not be contrary to the public interest. There are many two- family (duplex) residences in this Lamar University neighborhood. Much of the original construction in this subdivision consisted of duplexes. The area was zoned R-3 for many years and apartments, retail commercial, other local business uses and duplexes were permitted uses in the district. The site is located directly across the street from an apartment house zoned RM-H (Residential Multiple Family Dwelling -Highest Density). The residence next door to the west faces Maddox St. and the residence to the east faces Lavaca. The lot directly behind the site is vacant and fronts Irby St. The addition of one more duplex will not impact the neighborhood. The proposed dwelling meets the yard and parking requirements of the Zoning Ordinance. Proposed landscaping is in excess of ordinance requirements. City Council has endorsed the two- family dwelling by granting a conditional Specific Use Permit subject to a variance to reduce the lot area requirement. (B) Literal enforcement of the ordinance will result in an unnecessary hardship to the owner. The R-3 zone was in place from 1955 to 1982 and many duplexes and some apartments were constructed in this neighborhood during those years. In 1982 the area was "down -zoned" to RS. Most of the duplexes in this area are built on lots having much the same width and depth as CASE + 333--BA the applicant's lot. The 10,000 square feet requirement for a duplex in the PS districts came into effect by an ordinance amending the Zoning Ordinance March 23, 1982, contained within the definition of a two-family dwelling. This lot is unique in that it is one of the few lots left in the area that is not developed. (C) By granting this variance, the spirit of the Ordinance will be observed and justice will be done. Lavaca is a busy, minor arterial street. The subject lot lies between Port Arthur Road and Lamar University on the east and Highland Avenue and South Park School on the west. This is one of the few vacant lots left on Lavaca in this imrmediate area. The proposed duplex does meet yard and parking requirements and has been granted a conditional specific use permit. The intent of the 1982 Ordinance to increase the lot area requirement for two-family residences located in RS zoning districts was to control land use density. An additional duplex in an area already developed with many other duplexes will not cause an adverse impact in this neighborhood. %i 333-BA. To consider a Variance to reduce the lot area 4�j requirement for a two-family dwelling in an RS zoning district. 638-640 Lavaca. ,APPLICANT: Marlin Williford for Russell J. Long C) Ci 21 < (D to = f4 Lir to (D> 4 '7- +-a a -, R F D rr C-01 Qt I? 7r 120C slubjec ;' �4124 x 02 3 t0a 3 "O\ Lavaca a' 4�W eo It 63 A 4 V, —rY 5r j\j j v S) j Irby f.0 16 3 617— FS _r� J. .1 It $ 0 ? 9 w. C4' 16 " 7 Nli 5 - I? AO A4 fJ 't L —'\ p L sr 1L 14 Castoo J0 J.' J d'j Cj 50 Sd f.7 C4 JC 4 5 jKf sr Ve 6,5 /a '5 4 NORTH SCALE 1/200 0. a K 1 1 3 cc W cr _j