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Home My WebLink About407-BADATE: May 7, 1998 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a special exception of the minimum rear building setback on a comer lot for a single family residential structure proposed in an RS (Residential Single Family Dwelling) District (Section 20-35 B). The special exception is from the required 15 feet to 8 feet. FILE: 407-BA Mr. Don Hartman has made this request on behalf of Mick J. and Patricia Dubea, who plan to build a 3,626 sq. ft., two-story brick home on a 0.67 acre tract situated at the northeast corner of Ashley Avenue and Tenth Street. The address will be 2570 Ashley. The dimensions of the property are 195 ft. along Ashley and 150 ft. deep along Tenth Street. Block 38, Averill Addition was replatted in 1992 from Lots 1-26 to Lots 1-5, Lot 3 being the largest and former Wilson Art Museum site. The museum is the historic J. Cooke Wilson home. The 20' wide alley in the block was abandoned also in 1992, making the lot depths 150 feet. This property is zoned RS (Residential Single Family Dwelling) District. The ordinance regulated rear yards in the district are 25 feet. An area exception is allowed in the district by right to a reduced rear yard of 15 feet if there are to be no accessory buildings of any type located in the reduced rear yard. Because there are several very old oak trees on the property and one or more of the trees would have to be cut down if the house sets back 15 feet from the rear property line, the owners desire to build eight feet off the rear line. The Zoning Ordinance allows for a special exception to yard setbacks on a corner lot. The applicant must prove to the Board that a special yard exception will not adversely affect the value and use of adjacent and neighboring properties and that the exception is not contrary to the public interest. PUBLIC NOTIFICATION Notices mailed to property owners 14 - Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Lot 4, Block 38, Averill Addition, as replatted in Volume 15, Page 30, Jefferson County Map Records, Hartman Homes P.O. Box 5301 Beaumont, Texas 77726-5301 (409) 892-0097 - Fax (409) 892-1000 Friday, April 17,1998 Board of Adjustment City of Beaumont To Whom It May Concern: I am a local building contractor with my office in Beaumont, and I have been hired by Mr. Mick Dubea to build a residence for him on the comer of Tenth and Ashley, here in Beaumont While working on the plans we found that our purposed plan conflicted with the Citys Code Enforcement Department. The parcel of land we are trying to develop is in the Historic Oaks area of Beaumont. Our plot plan shows the placement of the house at (8) feet off the rear property line. The City has informed me that the building will have to be placed (IS) feet from the rear property fine in order to meet existing code set backs. We have tried to reposition the house on the lot but keep coming up with the same problem, Oat , ree. This piece of property is located in an area where many 100 year old Oak Trees are located. The house Has been designed around these trees that are trying to be saved by The Historic Oaks Council. Our request is simple, we would like to place the house on the lots as drawn, this will remove the need to destroy two of the 100 year old beautiful Oak Trees on the property. No impact will be felt by,any of the neighboring lots, and no city services will be infringed upon. The addition of this home will add greatly to the beauty of the Old Town part of Beaumont and add additional tax revenue to the City coffers, Respectfully yours, 0014 44L., Don Hartman Builder SPECIAL EXCEPTION SUPPLEMENTAL APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 30-37 E.2.) 1. INDICATE WHICH SPECIAL EXCEPTION IS BEING REQUESTED: (a)-- To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (b. An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations. (b.2)z_ A yard exception on corner lots. (b.3)__ An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of 0 he existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. (b.4)_ An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regulation. (b.5)_ An exception from a minimum interior side yard setback requirement for owner identifications signs for existing businesses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the. view of all existing sign, building, or outdoor display area. ti (b.6)_ An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the nassage of this ordinance. To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. (d.)___ To grant an exception for ten (10) additional feet in height for an advertising sign, when in the Board's judgement, the sign at a lower height will block an existing sign or structure from view or itself be blocked from view. 2. SUBMIT A LETTER EXPLAINING WHY THE GRANTING OF THIS SPECIAL EXCEPTION BY THE BOARD OF ADJUSTMENT WILL NOT ADVERSELY AFFECT THE VALUE AND USE OF ADJACENT OR NEIGHBORING PROPERTIES OR BE CONTRARY TO THE PUBLIC INTEREST. The applicant has the burden of proof. APPLICANTS SIGNA'I'URE:—ju—UlL�/--DATE: - 46� / "?- ?e 2S C6 "A -L� VI A tN -, 1- w FILE 407-BA: Request for a special exception on a corner lot to allow a rear yard NORTH '(setback) of eight (8) feet instead of the fifteen (15) feet regulated by Section 3 0-25 B. 1 and Section 30-25 C. 17. Property is zoned RS (Residential Single Family Dwelling) District. A Location: 2570 Ashley at Tenth Street SCALE Applicant: Hartman Homes for Mick Dubea V= 200' EVALON JJ 4 j tj rr f 15 F, SUE 1 0 5 4 5 1 56 ?J 04 15 is 27 2r t9 Jc,° S 5 4 -1 t 25 1 4r 25 i Z6 v 1d 19 r. 30 1 f 5 4 5 1 ZJ Z4 t.1 16 Z7 28 Jo,} 50 '. I ;,� �5. I .. I ,. 11 - 1 11 1 6 1 4 Z / I 5 4 .10 JP 0 7 I 0 5 4 3 t 11 I0 �it 399 i 50 it to I t/ 14 15 "f ir 's 1, ASHLEYa4w )9 9 13 /t do .9 0 t 7 f 5 19 9 /Y zo 11 15 Z4 15 16i 14 15 1 AS /7 Al 19� i 10 Cr 11 LONG IQ �y -0 2 LONG I 7 Yj 't, 9 6 5 4 3 it I it L L , 1 , 14 J.1 is /9 zo 11 f2 tJ 14 2.1 26i, I HARRISON Ave. �fo I - .1 - - I ., I xa 191 -40 It /0 Ir 5 ow f v JV fl ZZ •Z4 23 ZA, HsZE-4 I AVE' III r 5 15 IV it V "'o t0 1r rt tJ 14 1$ sri ti 4 5 /0 1 17 a 19 10 21 ZZ HARRISON /5 It 0 7 S 5 � 31 14 i 1.1 /d 17 /A 0 V tz HAZEL J /J '4^ 7 h i s t 15 Alf 17 11 14 vc� COME # I J /-I t it n 1 10 kX**W 'r 1 .1 1 GENERAL RAL INri ORMATION/PUBLIC UTILITIES STATUS OF APPLICANT: LEGAL DESCRIPTION: EXISTING ZONING: EXISTING LAND USES: SURROUNDING LAND USES NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential - ff---TCT- "T A XT Hartman Homes Mick and Patricia Dubea Contractor 2570 Ashley Lot 4, Block 38, Averill Addition, as replatted in Volume 15, Page 30, Jefferson County Map Records RS (Residential Single Family Dwelling) District 0.672 acres Vacant residential lot - 195' x 150' Flood Zone "C" - Minimal SURROUNDING ZONING: RS (Residential Single Family Dwelling) RS RS RS Stable Area OTHER PHYSICAL FEATURES: None STREETS: Ashley Avenue is a 60' wide residential street right-of-way with a 30' wide pavement. Tenth Street is a 60' residential right-of-way with a 16' wide pavement. DRAINAGE: There is a 15" storm sewer in the Ashley right-of-way and a 30" in Tenth Street. GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: - - FIRE ---------------------------- - ------- - - - - - - - - -- PROTECTION: ............ . . --.— ADEQUAC OF SERVICE: There is a 6" water line in Ashley and a 12" line in Tenth Street. There is a 6" sanitary sewer in Ashley and a 10" line in Tenth Street. Fire protection is provided by Station #7, 1700 McFaddin Avenue. Services and utilities are adequate.