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HomeMy WebLinkAbout473-BADATE: February 7, 2002 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 15' rear yard requirement of Chapter 30-25 (b) to allow a 13' 4" rear yard at 435 27"' Street. FILE: 473-BA 611 .01 a H Donald Famie, the applicant and property owner, is requesting a variance to the 15' real- yard requirement in order to rebuild his house. Due to a mold problem caused by the flooding of his previous house in 2001, Mr. Famic had to demolish the house he was living in at 435 27"' Street. He would like to rebuild a house of comparable size and at the same address. Because of the preferred orientation of the house on a comer lot, Mr. Farnie is having trouble fitting the house on the property under current regulations. The Zoning Ordinance's definition of the rear yard on comer lots shall be considered as parallel to the street upon which the lot has its least dimension. In this case the rear yard is along the north property line even though the house will face 27t" Street. In RS Districts, the Zoning Ordinance allows for a reduction of the 25'rear yard to 15' provided no accessory buildings of any type are located in the reduced 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. PUBLIC NOTIFICATION Notices mailed to property owners 21 Responses in Favor . Responses in Opposition -. Donald Farnic 435 27"' St. Beaumont, Texas 77707 409-755-0383 City of Beaumont Planning and Zoning Dear Sirs, I am applying for a variance to build a new home on our existing property. On June 7, 2001, our home flooded in the terrible rainstorm that inundated our city. During the dry out of the house it was found that there was, also, stachbotrys mold throughout the entire house. We felt that the house was not worth putting more money into seeing as we had already flooded two other times. We then decided the only way to handle the situation was to demolish the house, build up the foundation and then start again. We were hoping that by building higher we would eliminate the possibility of future flooding. We like living in Beaumont and especially in our neighborhood. The neighbors are great and we have easy access to every place in town. We have selected a house plan that is comparable to our former home in size and approximate shape. Our problem is that the plan is about two foot to wide on the 27 Ih St. side. We do hope that you will grant our variance so that we can get on with our lives and not be inconvenienced by our commute from out of town to our jobs here in Beaumont. T you, Q A., Donald Farnie VARIANCE SUPPLEMENTAL APPLICA'riON 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 rn,-t 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 empowercdto 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:. (at th Tan n of the v riance will not be contrarvt V . p t�e pub is intereq- -4tc T��o - I d-,� U CONDITION B: Tat aliteral 4ernfoleement the o;dinance 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. + CONDITION C. That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. vt I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE, Applicant's signature. Date: ..... .. .... ...................... FILE 473-BA: Request for a variance to the twenty-five foot (25') rear yard setback NORTH requirement in an RS (Residential Single Family Dwelling) district, to allow for a house to be built 1314" from the rear property line. Location: 435 27'h St. SCALE IApplicant: Donald Farnie V=200' WEST BROADWAY AVE, PHELAN BLVD. Ff I.Tv- so PHEL AN BLVD. 4 0 F F I C E 7 &MOS P A 184.09 In. P L -Z, A Ztiw 12.78 4 -MD In 1. r I&A M � rrJ �n GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Donald Farnic PROPERTY OWNER: Same LOCATION: 435 27"' Street LEGAL DESCRIPTION: Lot 2, Block 4, Broadway Place Addition EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 0,195 acres, more or less EXISTING LAND USES: Demolished house FLOOD HAZARD ZONE: "C" - Minimal Flooding SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial -Multiple Family Dwelling) EAST: Residential RS (Residential Single Family Dwelling) SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: Broadway Street - a 60'wide local street with a 26' wide pavement, 27"' Street - a 60' wide local street with a 26' wide pavement, DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: • Curb and gutter Existing Existing Fire protection is provided by Station #4, Gladys @ Lucas Services are adequate.