HomeMy WebLinkAbout517-BADATE: May 6,2004
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance to the minimum required exterior side yard from 10'to 76" for
a new home.
STAFF REPORT
Jim Walter Homes has built a new home on a lot located at 2505 Potts. The original building
permit was approved with a I O'exterior side yard setback. However, the house was built 7' 6"
from the property line. Jim Walter Homes was informed of the mistake by an inspector with
the Building Permits Division.
Bobby Jones, representing Jim Walter Homes, states that the lot's width and the required
setbacks prevent a house of any size being built on the property. The house is 32'wide. With
side setbacks of 10' and 7' 6", there is still one-half foot remaining.
There are two buildings across the street from the subject property that are closer to the
property line than permitted. However, it appears those buildings have been at their respective
locations for many years.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for approval have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 28 .
Responses in Favor . Responses in Opposition -.
10 A xt4vr 4,44�
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VARIANCE SUPPLEMENTAL "PLICATION FORM
BEAUMONTj TEXAS
(CODES SECTION 30-37 E.3)
The &xwd ofAdjustmont has the power to grant variances �vlhera the folloxvinS listed conditions have been met.
Indicate how Your application meets each of U=c conditions in the space folio%vins each condition. (The
applicant has the burden o(proof to demonstrate that all three of the conditions necessary for a variance
have bean met).
Except as odm%ise prohibit4 the Dowd is empmNtred . to authorize a variance from a requirement of the Zoning
Ordinattee %%Ift the Board finds that all of the following conditions have bow met:
C,ONDITIQNA: That the granting of the variance %vill not be conmu), to the public interest,
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4-6&re-i:'ore wo_ Y4 w,ji Al,� 'be i�56ctt -fp 6)�Iier6 Aj 14,e
CQ-MMQN B: That literal enfateemerd of the ordinance will rtwk in unnecessary hardship bocaaw
Or CXWOOnAl nalm%=81, Shallowess, du" topopVhy or other wdwrdirtary or owepdonal physical situation
or physical condition uniqua to the SpWfw piece of property in qucWom wUnnectsmy hardship" to mean
physical hw"P relating to the MV&tY itself as &WnPiShed fi-Om a hardship Minting to convenience, financial
considerations or caprice and the hardship must not result from the applicaw or owner's own actions.
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1ON That by grwtfing the variance, the spirit of 1ho clrdbla= will be observod aw
CONDITION W) u r e 5 Cl-',
substantial jusfice will be done.
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I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS M
CONDITIONS STATED ABO%r.,
to to if Ag Is to 18 At M 10 &
Jr of
S' of Ji JO Js 10 1,0 4 "'so
—i FME _517-13A: Request for a variance to the minimum required side yard setback
NORTH
from 10' to 7.51 for a new house.
Location: 2505 Potts
N Ito [Applicant: Jim Walter Homes SCALEtH V-200'
I
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08 Ir to so it
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HARRIOT ST.
40
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30 to 1 10 lip to
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2AOW SOUTHERLAND ST.
— I ''.. I . I , . I . I n= 40f7rr 1 —7 1
po-TTs ST.
HEGELE ST.
Lot 7
Set
Wood Stake
Lot 8
27,9'wide Alley
sot
ftod Stake
: .4
?4
1 50.00,
49.73'
set Faund
E*OWW
Wood Stake 5tree_+ 1/2 PIP*
1/2. P4000".
Potts Street
(60 R. 0. Wj
10- 20'
0"1 JENT, -John QyHkM ond Arj4M QuIW!X
G.F. 'NO.'
V
jo, hereby certify, to the best of my knowledge and belief, that this is an accurate plot OC�o Survey
matte on the ground under my supervision, showing all improvements and
any visible encroachments. :. I further
certify" that there were no discrepancies, shortages in area, or overlapping
of improvements. except as- shown
hetwn, as of NMaIhff_Aq
Subject c,t;,,troct
17W e b*!r!gjwat@d,,ot.,2&9L_&ft3 treat
BMUMOnt Texas,
0
In
0
"r,
Lot 7
Lot 8
2Z9'wide Alley
sot set
Wood Stake-- Wood -Stake
50.00, 1
*z
V.,
1z'
Lot 5
9
36'
Irr. ir
50.00, tj 49.73'
Set i;,,rb Found
Wood Stake 112, Poe
Potts Street
Found
112' Pip*
SCALE , 1'= 20'
CLIENT. jP—hn—GW(ILO9,r -r,—and —AnCrqQ —GYiIIQtY-- G.F. NO
I do hereby certify, to the best of my knowledge, and belief, that this is on accurate plot of a Survey
made on the ground under my supervision, showing all improvements and any visible encroachments. t further
certify that there were no discrepancies, shortages in area, or overlapping of improvements except as shown
hereon, as of AMMbfir-J. M .. .
The Subject tract being located of -2500—BaLIS Strdfii Texas,
and being described as Lot No--"Joc"o,-L- A Penn k & Sam Potts Addition
recorded in Volume___.3 __ Poge__144 a( the MoP _Joff County, Texas.
Records of Intgn
N�,
OF
W.$
GW4WA..7A.F This survey was prepared without
benefit of a title commitment
par 41;',J
— sarileyors ..............
71e.vets Registered Professional laind Stm-ciw� MHCHELL LEE BRACK111
I I .............
•
505 South Fourth Streel - Reaurnont, Texas 77701 516
Telephone (409) 838-6322 Fox 638-6122
Rp(s5163*AoJ,cora
Mitchell Lee 9rockin
Codfife: Registered Profosslonol Land Surveyor No. 5163
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Jim Walter Homes
PROPERTY OWNER:
John Guillory, Jr.
LOCATION:
2505 Potts
LEGAL DESCRIPTION:
Lot 6, Block L, O.H. Pennock & Sam Potts
Addition
EXISTING ZONING:
RM-H (Residential Multiple Family Dwelling -
Highest Density) District
PROPERTY SIZE:
0.14 acres, more or less
EXISTING LAND USES:
Single family house
FLOOD HAZARD ZONE:
"X" - Areas determined to be outside 500-year
floodplain
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Residential
RM-H (Residential Multiple Family Dwelling -Highest Density)
District
EAST: Church
RM-11
SOUTH: Residential
RM-1-1
WEST: Vacant
RM-11
COMPREHENSIVE PLAN:
Conservation and Revitalization
OTHER PHYSICAL
FEATURES:
None
STREETS:
Potts Street - local street with a 60' wide right-
of-way and 20'pavement width; Houston Street
- local street with a 36' wide right-of-way and
20'pavement width
DRAINAGE:
Potts - curb and gutter
Houston - open ditch
WATER:
6"-8" water lines
GENERAL INFORMATION/PUBLIC UTILITIES continued
SANITARY SEWER
SERVICE: 611 sanitary sewer line
FIRE PROTECTION: Fire protection is provided by Station #10
3855 Washington.
ADEQUACY
OF SERVICE: Services are adequate.