HomeMy WebLinkAbout486-BADATE: December 5,2002
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for an appeal to a decision of the Building Official concerning a violation of
the City of Beaumont Code of Ordinances, Section 6-21, 3313.7
STAFF REPORT
Sherman and Sherman, Inc., the applicant, movQd a house onto a vacant lot at 9030 McLean.
The City's Code of Ordinances requires that the structure must be brought into compliance with
all applicable codes and connected to water, sewer, electricity and gas (if applicable) within 90
days of the issuance of the permit. Failure or refusal to meet this deadline may result in the
forfeiture of the required security of $5,000. The Building Official notified Mike Sinclair of
Sherman and Sherman on September 10, 2002 that the house was in violation of City Code.
Mr. Sinclair states that weather conditions have stalled the remodeling and is therefore
appealing a decision of the Building Official to revoke the required security due to
noncompliance.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 16
Responses in Favor . Responses in Opposition -.
Sherman & Sherman, Inc.
6055 College Street
Beaumont, Texas 77707
842-2020
September 19,2002
Steve Richardson
Planning Manager
P. 0. Box 3827
Beaumont, TX 77704-3827
Dear Steve,
Sheman & Sherman, Inc., have not been able to complete the
remodeling of the house at 9030 McLean, Beaumont, Tx. because
of weather conditions. However, we will be finished by Nov.
15,2002.
Thank you, for your consideration in this matter.
Sherman & Sherman, Inc.
409-842-2020
(,-Ij-y 0j' - ' BEAUIVI( I'VIF
IG C
SEP '2 4" 2002
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 empoweredto 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.
CONDITION B: That literal enforcement of the ordinance will
result in unnecessary hardship because
Of cxccptional narrowness, shallowness, shape topography or 0 ex or
. I ic piece of property in question, "Unnecessary hardship" shall mean
or physical condition unique to the specific other tm dinary or exceptional physical situation
PlIN-sical 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,
CONDITION C- That by granting the variance, the spirit of the ordinance
substantial justice will be done. e will be observed and
I HEREBY ATTEST THAT, TO THE
ONDITIBEST OF My KNOWLEDGE, My REQUEST MEETS THE
CONS STATED ABOVE.
Applicant,s signature:
Date:
t56 71
—no
FILE 486-BA: Request for an appeal to a decision of the Building Official concerning NORTH
a violation of the City of Beaumont Code of Ordinances, Section 6-21, 3313-7.
Location: 9030 McLean
Applicant: Mike Sinclair SCALE
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Mike Sinclair for Sherman and Sherman, Inc.
PROPERTY OWNER:
Sherman and Sherman, Inc.
LOCATION:
9030 McLean
LEGAL DESCRIPTION:
Lot 44, Block 4, Gulf Terrace
EXISTING ZONING:
RS (Residential Single Family Dwelling)
PROPERTY SIZE:
0.32 acres, more or less
EXISTING LAND USES:
Residential structure being remodeled
FLOOD HAZARD ZONE:
"X" - Areas determined to be outside 500-year
floodplain
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Railroad
RS (Residential Single Family Dwelling) District
EAST: Vacant and residential
lzS
SOUTH: Residential
RS
WEST: Residential
RS
COMPREHENSIVE PLAN:
Stable Area
OTHER PHYSICAL
FEATURES:
None
STREETS:
McLean Dr. - a 60'wide local street with an 18'
wide pavement.
DRAINAGE: Open ditch
WATER: 6" water line
SANITARY SEWER
SERVICE: 6" sanitary sewer line
FIRE PROTECTION: Fire protection is provided by Station #6, 1880
S. Major Dr.
ADEQUACY
OF SERVICE: Services are adequate,