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Home My WebLink About467-BADATE: December 6, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 5' setback requirement of Chapter 30-25 (b) I to allow a house 3' from the side property line at 2240 Laurel. FILE: 467-BA STAFF REPORT Don LaFleur Homes and Construction Company, the applicant, is requesting a 2' variance to the side yard building setback for a house to be constructed at 2240 Laurel in the Oaks Historic District. This house went before the Historic Landmark Commission on November 12 for a Certificate of Appropriateness. The Historic Landmark Commission voted to approve the Certificate of Appropriateness, subject to the Board of Adjustment granting a variance to the side yard setback on the west side. The original site plan showed an 8'6" setback on the cast side and a 5'setback on the west side (see Attachment A). A driveway was planned for the front yard. The Historic District regulations allow only paved parking in the front yard. Due to problems of parking in the front yards of properties in the Historic District, the Historic Commission required that the driveway be extended along the east side of the house. This would require that the house be moved 2' to the west (see Attachment B). This would place the house Tfrom the west property line. The house to the west is located approximately 9' 6" from the property line. 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 29 Responses in Favor . Responses in Opposition Don LaFleur Homes & Construction, LLC DL Investment Properties (409) 347-0593 FAX (409) 347-1597 Planning Division, Room 205 City Hall, 801 Main Street P.O. Box 3827 77704 Beaumont, Texas 77701 Reference: Variance Request To Whom It May Concern: 5683 Eastex Freeway Suite A P.O. Box 7487 Beaumont, TX 77706 November 15, 2001 The reason for this request is to fulfill a recommendation and requirement as issued by the Historic Landmark Commission on Wednesday, November 14, 2001. Don LaFleur Homes & Construction Company, LLC has been granted a Certificate of Appropriateness to construct a new residence at 2240 Laurel Street, Beaumont, Texas in the Historic District pending approval by the Board of Adjustment of this application and revision of the plat plan to reflect a 10 ft. easement for access to the backyard from the east side of the property. And, this has necessitated our request for a variance to reduce the distance of the property line on the west side of the house from 5 ft. to 3 ft. The proposed Buyer does not drive nor have a car, therefore, a driveway nor garage is not included in the original plans. However, the Commission has two major concerns: 1) to eliminate the potential for front yard parking; 2) and to allow for future use should this Buyer choose to later sell. Your help in helping us to honor this request by approving this application is greatly appreciated. Feel free to give us a call with any questions or concerns you might have. Yours truly, L Donne �d'&�(— Joshua affis Builder/Developer Project Construction Supt. VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION, 30-37 E.3) The Board of Adjustment has the power to grant variances Nffierc 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. 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) poll -�b AtxE ed CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done, k 6- 9141i?- bLLLPK L I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: qu, Date: .,.n� M , 1 k I 1 ■vow_lW^w:w....Lu t _..s ..... , , , , , ru K FILE 467-BA: Request for a variance to the building setback requirements for a side NORTH. yard in an RCR (Residential Conservation Revitalization) District. L. Locations 2240 Laurel Applicants Don LaFleur Houses & Construction Company SCALE ff 1"=200' I$ lrrd 1d ro !I It is r• r# I I H d it CA - . w 41 5a ,30 rtr I ' CALDER AVE..: , � + �I I J ti. ,IMAM► ____,_ _ ,� m.. oK;01 - BROADWAY AVE. ` I �'�-• I a /t d d '/ •� � r d l d i /0 1 7 11 Ay p' $ Y ... '! ! /o• `3 j rr is to 10 lI !! !# to ## !d , r1 to WO /# Id /ry /d rD* !0 - !/ it ! !r• r# rd Od # • ♦ # t I LIBERTY AVE. Y 50 t j BO 5911 ?0 J 5O ; I V1 , b '91 5a � ++ • �cr R LAUREL AVE. O 30 60 iY70 60 5d. ( ¢0 516 SO �� T S I` d /0 1I b b r n s /0 /I rt� oar j• I l 10 11 `r OUtIV � 4 I 50 I - - ;0 :a , - 10 ��✓ t { # $ ara M ao to a M f ►JEw HOME , i 50,�►� R,09 O" PAveMe: Nr • M LA uP A 'STPE C—T PLAT SN. 2oF 3 ATTACHMENT G6A" I r I fff ' f OE HOTAF-'f .t ' 101 i :1 4-0 ��NG.. AVeM&-Nr J�- / PLAT GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Don LeFleur Homes and Construction Company PROPERTY OWNER: Beverly LeFleur LOCATION: 2240 Laurel LEGAL DESCRIPTION: Lot 21, Block 1, Averill Addition EXISTING ZONING: RCR (Residential Conservation Revitalization) PROPERTY SIZE: 0, 152 acres, more or less EXISTING LAND USES: Vacant lot FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTIL Residential RCR (Residential Conservation and Revitalization) EAST: Residential RCR SOUTH: Residential RCR WEST: Residential RCR COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Laurel Street - a 6 l' wide major arterial with a 30' wide pavement. DRAINAGE: Existing storm sewers WATER: Existing SANITARY SEWER SERVICE: Existing FIRE PROTECTION: Fire protection is provided by Station #7, 1700 McFaddin. ADEQUACY OF SERVICE: Services are adequate.