HomeMy WebLinkAbout495-BADATE: May 1, 2003
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance to the required front yard building setback from 25' to 14'
FILE: 495-BA
Mr. and Mrs. Sam Amaimo, Sr., the property owners, are requesting a variance to the front yard
building setback for their home at 5625 Spencer Drive. The Amaimos have constructed a
garage that encroaches into the front setback. They state that the garage is needed to allow Mr.
Amaimo and their son, who are both unable to get around without the use of canes and
wheelchairs, to get out of the car in an enclosed space. The addition is 113 in length and is
not a full length garage.
On March 17, 2003, a building permit was applied for to construct the addition onto the front
of the Amaimo's house. A permit was not issued because of the encroachment into the front
building setback.
When staff went out to take pictures of the property on April 23, a completed garage addition
was found. Mrs. Amaimo, at that time, told staff that they cut off a portion of the garage so
they would not have to go through the variance process. The Planning Director told Mrs.
Amaimo that he would speak with the Assistant Building Official about the addition when he
got back to the office.
Upon inspection of the plans, it was found that the completed addition is exactly what they had
originally applied for. What has been built encroaches into the setback. Again, no building
permit was approved to build this addition.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for a variance have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 21 .
Responses in Favor . Responses in Opposition
CITY OF BEAUMONT
PLANf\tlt\j(-,
` f.)WISION
MAR p ?Ooj
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BEAUMONT, TEXAS
(CODES SECTION 30-37 E.3) F!'
MAR 18 2003
The Board of Adjustment has the power to grant variariccs where the following listed conditions have been met.
Indicate how your application meets each of these conditions in the space follo)'iiing iadh' condition. � (The' ;
applicant has the burden of proof to demonstrate that all three of the conditioni riecetga'ir v`far' 6 �";ahanee�'
have been met).
Except as otherwise prohibited, the Board is cmpowered'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 contran, to the public interest.
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CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because
of cxccpfional 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.
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CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done
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I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Mr. and Mrs. Sam Amaimo, Sr.
PROPERTY OWNER: Same
LOCATION: 5625 Spencer Drive
LEGAL DESCRIPTION: Lot 18, Block 2, Hawthorne Place Addition
EXISTING ZONING: RS (Residential Single Family Dwelling)
District
PROPERTY SIZE:
EXISTING LAND USES:
SURROUNDING LAND USES:
NORTIL Residential
FAST: Residential
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
DRAINAGE:
WATER:
SANITARY SEWER
SERVICE:
0.32 acres, more or less
Single family home
"X" - Areas determined to be outside 500-year
floodplain
SURROUNDING ZONING:
RS (Residential Single Family Dwelling) District
RS
RS
RS
Stable Area
None
Spencer Drive - local street with a 60' wide
right-of-way and 26'pavement width
Curb and gutter
6" water line
6"-10" sanitary sewer lines
FIRE PROTECTION: Fire protection is provided by Station #2,
Wilson at Ironton.
ADEQUACY
OF SERVICE:
Services are adequate.