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HomeMy WebLinkAbout509-BADATE: November 6,2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the minimum, allowable side yard setback from 10' to 3' 6" for a new carport and covered walkway. I-011-R-01 01122 IYS STAFF REPORT Alice Ashy, the property owner, is requesting a variance to allow her to construct a carport and covered walkway at her home at 2348 Rusk Street, On October 13, 2003, Ms. Ashy went before the Historic Landmark Commission and got approval of a certificate of appropriateness for the design of the carport and covered walkway. The carport will be located behind the house and entered off of Minor Street. The covered walkway will connect the carport and a deck on the west side of the house. Ms. Ashy intends to re -orient the stairs so that they face north, toward the carport. The house is on the northeast comer of Rusk and Minor. A 10' wide side yard setback is required along the Minor Street side of the property. In order to line up the carport and covered walkway with the existing house and deck, the TV side yard is required. The bay window on the house currently sits 7' from the property line and the rest of the house sits approximately 9'6" from the property line. The existing porch is approximately 4' 6" and the steps sit on the property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. LOW RON M0101 Cf7.r Y rowl Notices mailed to property owners 24 . Responses in Favor . Responses in Opposition �TA9 -13d Q'K , 9 VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) 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 follo%ving 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 othcn%ise prohibited, the Board is empo=red'to, authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the follm%ing conditions have been met: CONDITION A. That the granting of the variance will not be con"' the public interest. C 'tag CP e ct ) V I � F)x t - Y\ -P-J� S Is- ..' V % , CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because ofexceptional 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 men 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 ovaxes; own actions. C" C' C -0, -c- � � —C )\-,Q- , 'A� C- C. _Q 'C S 'OA & [/.I& LktA CONDITION : That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. --QM 0-1A,5 a'uu a-1-r I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's [77r—F 0 0 0 , '? I 10 4 0 is a 01 0 0 FILE 509-BA: A request for a variance to the minimum allowable side yard setback NORTH 10 from 10' to 3'6". 1 A zn� Location: 2348 Rusk St. Applicant: Alice Ashy ----------- V O *.00 0 14 r? 102 T 9 10 It LIF ]a.,,: 50 Boa NGELINA ST-� so 60 50 IIMMMWP� k rLAAMI Q-r SCALE P=200' so L.L Iftl8 u 10 rl rx. 0 in sot 112 - Rod East 1 \2 lot( , 8) QS �;z Survey was performed with out the benefit of Rusk Street [a title commitment. 160, R.O,W.) SCALE : I '-- 20' CLIENT: NICS AshY I do hereby certify, to the best of my, knowledge and 11 belief, that this is I an accurate plot of a I Survey vey. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Alice Ashy PROPERTY OWNER: Same LOCATION: 2348 Rusk Street LEGAL DESCRIPTION: Lots 7 and V2 of Lot 8, Block 16, Oaks Addition EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: 0,24 acres, more or less Single Family Residential "X" - Areas determined to be outside 500-year flood plain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS RS RS Stable Area None Rusk Street - local street with a 60'wide right- of-way and a 3 O'pavement width; Minor Street - local street with a 60'wide right-of-way and a 16'pavement width Rusk Street - curb and gutter Minor Street - open ditch WATER: 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station V, 1700 McFaddin. ADEQUACY OF SERVICE: Services are adequate,