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HomeMy WebLinkAbout527-BA DATE: September 2, 2004 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the minimum elevation requirements in a special flood hazard area FILE: 527-BA STAFF REPORT Debra Clark, the applicant, would like to construct a new house at 1920 Westchase. This property is located in a special flood hazard area which requires any new construction to be located a minimum of 18" above the base flood elevation. Ms. Clark would like to construct the house at 12" above the base flood elevation. Ms. Clark states that at the time of purchase of the property, she was not aware that she would be required to have the foundation 18" above the base flood elevation. She says that to build 18" above the base flood elevation would require that the entire foundation be built above the existing ground elevation. By lowering the elevation 6" and adding an additional 6" inches to the depth of the beams, the foundation can be built at the existing ground elevation and will be at the same level as, or above, other foundations in the area. The City of Beaumont Flood Zone Ordinance prescribes a procedure for variances to the requirements of this ordinance and states that the Board of Adjustment is the body that hears such variances. The Flood Zone Ordinance defines a variance as A a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship.@ A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. The Federal Emergency Management Agency NFIP Regulations, 44 CFR states that variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level or as in this case below 18 inches above the base flood level in conformance with the procedures of the following paragraphs: S Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public STAFF REPORT continued expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; S Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; S A community shall notify the applicant in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage (Note: Based upon the $195,000 value of the home put on the building permit, flood insurance would cost approximately $307 at + 2' and $597 at B.F.E.) and (ii) such construction below the base flood level increases risks to life and property; S A community shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) report such variances issued in its annual or biennial report submitted to the Administrator. FEMA=s document, Administering Your Floodplain Ordinance, lists several insufficient reasons for granting a variance. These reasons are: S Less than a drastic depreciation of property; S Convenience of property owner; S Circumstances of owner not the land; S To obtain better financial return; S Property similar to others in neighborhood; S Hardship created by owner=s own actions. The Board of Adjustment should consider these when making a decision. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Debra Clark PROPERTY OWNER: Same LOCATION: 1920 Westchase LEGAL DESCRIPTION: Lot 17, Westchase Addition EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.16 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A A @ - Special flood hazard areas inundated by 100-year flood SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: Washington Boulevard - minor arterial with a 75' wide right-of-way and 20' pavement width; Westchase - local street with a 50' wide right-of-way and a 28' pavement width DRAINAGE: Washington - open ditch Westchase - curb and gutter WATER: 6" and 16" water lines SANITARY SEWER SERVICE: 8" and 27" sanitary sewer lines GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #6, 1880 Major Drive. ADEQUACY OF SERVICE Services are adequate.