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HomeMy WebLinkAbout398-BADATE: May 1, 1997 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance of a residential interior side yard for a proposed addition at 885 Goodhue Road, an RS (Residential Single Family Dwelling) District. FILE: 398-BA STAFF REPORT The Planning Director recommends denial of the variance because the applicant has failed to demonstrate that the three conditions necessary for a variance have been met. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 24 Responses in Favor: I Responses in Opposition: 2 April 14, 1997 Beaumont,Board of Adjustments Planning and Boning P 0 Box 3827 77704 Beaumont, Texas 77701 Dear Chairman: A P R 1 4 1997 This letter is in reference to the attached variance application. The side set back of 3' is requested to erect a new two car garage. The existing garage is to be converted into a room to be used by visiting dignitaries in church related activities. To place the new garage in any other location, as shown on the site plan, would create greater expense on the owner and undo hardship on vehicle ingress and egress. Ed Bland/Builder loo�oo�.' 0 .• REQUIREMENTS FOR A VARIANCE (Codes Section 30-37 E. 3) The Board of Adjustment 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 property 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. ANALYSIS Condition A - Applicant's statement: The narrowness of the two car garage would be inappropriate for a single family residence. Condition A - Staff response: The applicant does not address how the requested variance would be in the public's interest, Condition B - Applicant's statement: The side set back variance is not adjacent to public property or streets. A 3' side alley will allow for maintenance on the side of the garage without interfering or infringing on the neighbor's property. Condition B - Staff response: Current zoning regulations require a 5' setback for a one-story addition to the side of an existing house opposite an interior side lot line. The applicant proposes to close in the existing two -car garage located on the side of the house and reconstruct it as a room for visitors of the owner. He wishes then to build a new 32'x 2TV two -car garage attached to the former garage, slightly to the rear side of the house, leaving only a 3' side yard or setback to his side lot line. ANALYSIS continued Presently the distance from the north side of the garage to the property line is 25' 6" and the space between the side of the house proper to the lot line is 29' 6". The existing driveway from Goodhue Road lies along the north side of the 100'x 174'lot. The driver turns left into the garage parallel to the street. The new proposed garage will be entered straight -on at the end of a new driveway. Staff feels that there are at least two alternative ways in which the new garage could be built without having to request a variance. If the owner wishes to have an attached garage -- meaning that the setback required is 5' because it is an addition to a home --then he could design the garage to be attached at the rear of the old garage. The front of the new garage would line up with the front of the former garage and the turning radius would remain the same as it is now. Or, the garage could be detached from the house and placed at the rear of the lot as an accessory structure. He could site the accessory structure 2 1/2' from the side lot line and 15'fi-om the rear so as not to encroach into a 15'wide rear lot utility easement. Each of these two suggestions could be accomplished without a variance. The applicant must demonstrate that all three conditions for a variance have been met and the burden of proof is on the applicant. He has not shown an "unnecessary hardship" related to the property itself which would justify the variance. The applicant has not demonstrated compliance with Condition B. Condition C - Applicant's statement: A set back will still exist between the properties, Condition C - Staff response: The applicant's statement regarding Condition C does not explain how a 3' setback instead of a 5' setback would be in the spirit of the ordinance. He fails to consider other feasible methods of building the garage and has not proven an unnecessary hardship as required by the conditions in the ordinance. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Reverend B. H. Clendermen PROPERTY OWNER: Reverend B. H. Clendennen LOCATION: 885 Goodhue Road EXISTING ZONING: RS (Residential Single Family Dwelling) District LEGAL DESCRIPTION: Lot 14, Block 1, Goodhue Estates FLOOD HAZARD ZONE: X C (Minimal) A (100 year) B (Moderate) Floodway SIZE OF PROPERTY: 0.399 acres EXISTING LAND USES: One story brick residence SURROUNDING USES: SURROUNDING ZONING: NORTH: Residence RS (Residential Single Family Dwelling) EAST: Residence RS SOUTH: Residence its WEST: Residence RS COMPREHENSIVE PLAN: Stable area OTHER PHYSICAL FEATURES: None STREETS: Goodhue Road is a 60'wide residential right-of-way with a 23'wide pavement. DRAINAGE: There is a 24" storm sewer in Goodhue. WATER: There is a 6" water line in Goodhue, SANITARY SEWER SERVICE: There is an 8" sanitary sewer in Goodhue. FIRE PROTECTION: Fire protection is provided by Station #4, Lucas at Gladys. ADEQUACY OF SERVICE: Services and utilities are adequate,