Loading...
HomeMy WebLinkAbout396-BADATE: April 3,1997 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance from the front yard 25' building setback regulations for anew residential structure which encroaches 2. V into the required yard in a residential district at 925 Schwarner, FILE: 396-BA STAFF REPORT AND PROJECT INFORMATION The Planning Director recommends approval of the variance because Conditions A, B and C have been met by the applicant. The proposed residence to be constructed on this site is part of the revitalization plan for the Charlton Pollard neighborhood. Single family homes are being constructed in this area for low income families to augment the public housing units lost after the Neches Terrace Apartments were torn down for Port of Beaumont development. The slab for the house at 925 Schwarner encroaches from 1.7' to 2. V into the required 25' front yard building setback. There were conflicting surveys made for this lot and the slab was poured using the wrong stakes. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 33 Responses in Favor: Responses in Opposition: FONTENOT CONSTRUCTION CO. Phone Ns. (409) 860-4627 Pager NQ. (409) 895-5240 9230 Lombard O►vned by: Francis Fontenot Beaumont, Texas 77707 City of Beaumont Board of Adjustment 801 Main St. Beaumont, Texas 77701 RE: Request for Variance at 925 Schwarner Dear Sir(s): This request is made for the property legally described as: Lot 6 Block 8 Leonard Addition Date: 2/19/97 This property was surveyed by Mark Whiteley and Associates. Due to vandalism, the property was restaked a second time. Before any work could begin on the property, vandalism took place with the removal of the stakes and the %" rods had to be located again. A 25' measurement was made from the %" rods back and a string was pulled to ensure compliance of the Zoning Ordinance. A slab survey was done by the same engineering firm and it shows an encroachment of 1 70'to 2. 10' over a 13.5' distance, The attached survey shows the southwest corner %" rod missing due to the City installing a water meter at that location. The southeast corner shows two (2) %" rods. The presents of two rods was not known before this and oddly enough, the distance between these rods is shown as 1.23', thereby now indicating an encroachment of approximately the same distance. The original survey is attached to show that there is not mentioned a second rod at the southeast corner. The proposed home to be built is part of the City's revitalization plan for the Charlton Pollard area. This home is being built around existing older homes that were built without any apparent regard for set backs. To complete the construction of this home would in no manner what so ever, take away from the area. Quite, the contrary, the construction of this home as is, will greatly enhance the area. O�Sincerely, Francis Fontenot VAR'ANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E3.) 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. Separate sheets may be attached. (Ile 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: �9-ONDEBON A.- That the granting of the variance will not be contrary to the public interest. /A4 C� 04 2 1 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. CQI�MQ�NC: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done UGC' I HEREBY ATTEST THAT, TO THE BEST OF My KNOWLEDGE, MY REQUEST MEETS THE CONDI`IJONS STATED ABOVE. Applicant's signature File 396-BA: A request for a variance from the front yard 25' building NORTH setback regulations for a new residential structure which encroaches 2.11 into the required yard. A Location: 925 Schwarner Applicant: Fontenot Construction Company SCALE V=2001 IT, I - " M ST. ZJ1 7 4 -6 4 i 9 " - , 5 1 E4 " 14 43 7 40 JACKSON ST. 10 # /0 e ?- 26 , bl. -- �'j 0 PO Yr I 111 do /00 "Po ?0 4ELI ST'.� i 105 SID f.Y 63 � 7,IL 14 15 00 103 40 4,.e RNE .5 r,'h TARN FR CWn -60 SCHWARNER"ST. A- 7- K- 4 10 UCBJE 40 di 93 V) T 470 77 14 15 It If AP-4 2 tt 76 P4 4 10 Y 92 .10 —, Ri, 10 119 t 0-j Z— � f 7- ----L ---- L ----4I ) 475 C7V Y -,i 6 96 97 j 4 Ut, 00L 15 1 ", T5,1 , Lo, .11x, 0 VZ'L L 7- ;71 17 56 16 04 176 J'dl G RANT Sr GZANT RT- E-4 IP$ 119 /30 13, lji�, ZVJ9 140 141 4z 141 14� ki POWELL STREET (R.O.W. VARIES) CALL 54.50' FND FND SMY5941"W 1. D 49.5 '91 FND 5 1. ROD S8W55*WW 248.61 N.E. CORNER LOT 3. BLK. 8 FND I' I. PIPE LOT 6 LOT 7 BLOCK 8 LOT 5 5.4 30.5' to to 00 5.6' �6 cS It 12,0' SLAB NOTE. cv SLAB SURVEY ONLY 14., 5.4' NO EASEMENTS, IF ANY, o/o RESEARCHED OR SHOWN 0 WITH THE EXCEP77ON Or 17 — — — — — — — — — THOSE PLATTED. 25' BLDG. LINE PER CURRENT CITY ORDINANCE 2-3 2 91 FNO 516' 1. ROD UNABLE TO FND OR SET ROD DUE 5"E TO WATER METER FND N89'15'38"E 49.59' CALL 54.50' 248.57' S.C. CORNER WATER METER FND 518* LOT 3 " 8 F408LK 1. 1. R766 ROD SCHWARNER STREET (40' R.O.W.) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: SCHWARNER STREET Beaumont, Texas 77701 Lot Six (6), Block Eight (8), of 1. YAM W. WHITE14Y DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY LEORNARD ADDITION, to the City of Beaumont MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Jefferson County, Texas, according to the HEREON AND 15 CORRECT t FIND NO DISCREPANCIES, SHORTAGES IN AREA mop or plot of record in Vol. 1, Page 133. ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ON THE SURFACE OF Mop Records in the Office of the County THE GROUND, EXCEPT AS SHOWN HEREON. Clerk of said County and State, DATE SURVEYEDFEB. 10 1997 OF Tet OWNER: CRY OF BEAUMONT E CENSUS TRACT, 17 In accordance with the Food Hazard Boundary Mop,j Department of Housing and Urbon Development. I WmIT M.W. WmIT LEY Community No.., 485457 Panel No.: 0020 & Dote of FIRM, 12-4-84 QER This property lies in Zone *C, A location on mop determined by scale on rn me P. Actual field elevation not determined. MARK W. WHilTELEY REG T! ( W. Whiteley and Associates does not z warrant nor subscribe to the accuracy MARK W. IVIIII LEY or scale of said maps. P. 0. BOX 6402 ASSOCIATES' TEW 77728-6492 Zone *C" does not fie in the 100-year flood INCORPORATED 400-802-GUI plain, +AND CONMJLTWG 914006M. SURVEY SHOWS APPROXIMATE C) SURMORS, AND PLUQCM 3260 KA= YM. HKAUMONT'TRW 77703 LOCATION OF FENCES, BOUKDARY LMMATION IS CORMT. (PAX) 400-002-130 A 11HA DWG\, TITLES\ 97Z2721178-56IRGM IF ADDITIONAL INFORMATION IS REQUIRED FOR EXACT LOCA77ON OF FENCES, PLEASE CONTACT OUR Officr. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Francis Fontenot PROPERTY OWNER: Francis Fontenot STATUS OF APPLICANT: Contractor LOCATION: 925 Schwarner LEGAL DESCRIPTION: Lot 6, Block 8, Leonard Addition EXISTING ZONING: RM-H (Residential Multiple Family Dwelling -Highest Density) District FLOOD HAZARD ZONE: X C (Minimal) B (Moderate) A (100 year) Floodway SIZE OF PROPERTY: EXISTING LAND USES: SURROUNDING USES: NORTH: Residence and vacant lot EAST: Vacant lot SOUTH: Vacant lot WEST: Residence (Lots 7&8)1875Brooklyn COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: 0,14 acres Slab for residence SURROUNDING ZONING: RM-H (Residential Multiple Family Dwelling -Highest Density) RM-H R1vl-H RM-H Conservation and Revitalization r2rom- Schwarner Street is a 40' wide residential street right- of-way with a 16'wide asphalt pavement. There are open ditches in the street right-of-way. There is a 6" water line in the street. There is a 6" sanitary sewer main in the street. GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #11, 2185 Sabine Pass. ADEQUACY OF SERVICE: Services are adequate. REQUIREMENTS FOR A VARIANCE 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: In that existing houses do not meet the twenty-five (25) foot setback, Therefore, this house will not encroach as much as the existing houses. Condition A - Staff response: It is in the public interest to redevelop this area containing many vacant lots, dilapidated structures and frame houses in fair to poor condition, City development funds are being used to buy and clear lots for new homes for low income families. Several non-profit organizations are presently involved in providing new housing in this area. Condition B - Applicant's statement: The engineering firm gave two (2) different surveys that resulted in the existing encroachment, Due to the error, substantial cost would be incurred by the contractor. ANALYSIS continued Condition B - Staff response: If the slab has to be demolished and repoured 2. V north of the encroachment, the final cost of the proposed new home will increase for all concerned: home buyer, contractor and the tax payers who are subsidizing the construction of homes in this area for low income families. Condition C - Applicant's statement: In that existing houses do not meet the twenty five (25) foot setback. The granting of this variance will not affect surrounding properties and will allow the construction of the new house. Condition C - Staff response: The house immediately on the west of the subject Lot #6 sits astride Lots 7 and 8 and fronts on Brooklyn. The remaining abutting lots and lots located across the street on the south side of Schwarner are vacant. By granting this variance, the spirit of the ordinance will be observed and substantial justice will be done.