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HomeMy WebLinkAbout496-BADATE: May 1, 2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the required rear yard building setback from 25' to 15' FILE: 496-BA STAFF REPORT Chuck King, King Homes, Inc., is applying for a variance to the rear yard building setback for a home to be constructed at 3 110 Brownstone Place. The subject property is on a curve of Brownstone Place, thereby creating an odd -shaped lot. In an RS District, the Zoning Ordinance allows the 25' rear building setback to be reduced to 15'provided no accessory buildings of any type shall be permitted to be located in the reduced rear yard. In this particular situation, a garage is proposed 2.5' from the rear and side property lines. An accessory building may be placed 2.5'from the side or rear property line provided that it cover no more than 60% of the rear yard. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached. I a a an- m grell V I W rany Notices mailed to property owners 12 . Responses in Favor . Responses in Opposition 4��' -811 CY�tn Mwber times, qnc. 1465 MWI. 96 South HBASETX (umberton, O'exas 77657 j (409) 751-0171 (409) 751-6643 The variance will enable us to put a comparable house for the neighborhood on an odd shaped cul-de-sac lot without interfering with the schematics of the house and property. The rear property line will be used more so as a side property line. We feel that the plot plan is a good design for the house and appearance of the neighborhood. We do not feel that the variance will affect the house or the neighborhood in a negative way; it will only enhance the neighborhood. Sincerely, g in Chucwir King Homes, Inc. 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 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. 6,,1111 e,�4gZC a /0 P117 C4 4f0M,.0941?,4L?_1C 7-blC CONDITION B: That literal enforcement of the ordinance will result in unnecessary 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, �-a 7-1;lc J`A1.,,q1,0e 0-/�7 71YC z07-1 r11C 4�4dlt- o'07' e,,,111 CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done, I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: —Date: 0 V- / o - o GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Chuck King, King Homes, Inc. PROPERTY OWNER: King Homes, Inc. LOCATION: 3 110 Brownstone Place LEGAL DESCRIPTION: Lot 6, Brownstone Estates EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES NORTH: Residence EAST: Residence SOUTH: Residence WEST: Residence COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: 0.22 acres, more or less Vacant "X" - Areas determined to be outside 500-year flood floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS RS RS Stable Area None Brownstone Place - local street with 50' wide right-of-way and 27'pavenient width Curb and gutter 6" water line 6" sanitary sewer line Fire protection is provided by Station #4, Gladys at W. Lucas. Services are adequate.