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HomeMy WebLinkAbout394-BADATE: February 6, 1997 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a variance to allow the construction of an accessory structure in the rear yard of a lot less than 2-1/2' from the interior side yard in a residential district. FILE: 394-BA STAFF REPORT AND PROJECT INFORMATION The Planning Director recommends approval of the variance. Tile applicant's request complies with Conditions A, B and C. Mr. and Mrs. Donaldson, of 865 21 st Street, have an older two-story brick residence on their property in Calder Place, They purchased the home as is in 1991. The 32' x 20' two -car garage was converted into the children's den and game room. It also serves as a storage area for motorcycles. The former garage was constructed at the rear of the lot on or very near to the north side property line. A substantial carport was then built in front of the northeast side of the building. The applicant wishes to rebuild the carport to enclose it and add a peaked roof to match the "garage". The existing open carport is also on or near the side lot line. This will enable the owner to move the four motorcycles out of the children's den. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 . Responses in Favor . Responses in Opposition South .75 of Lot 17 and north .50 of Lot 18, Block 7, Calder Place Addition, Beaumont, Jefferson County, Texas. 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: Correct. The variance will allow construction of a new garage where an existing carport is presently located. My neighbors are happy because the old carport is not as attractive as a new garage. The new garage will be in the exact location as the existing carport. CONDITION A - STAFF RESPONSE: The proposed garage will match the existing architecture of the old garage and will be visually appealing in this neighborhood of older one and two-story brick homes. A 6' solid privacy fence surrounds the entire rear and side yard. There is an iron gate across the driveway at the front of the house. This request is in compliance with Condition "A" and is not contrary to the public interest. CONDITION B - APPLICANT'S STATEMENT: The setback requirement, if literally enforced, would not allow the new garage to have the same building line as the existing building, now a game room. To comply with the setback would require cutting down an oak tree immediately south of the existing carport. The area is narrow between the oak tree and the property line. CONDITION B - STAFF RESPONSE: The home and garage were constructed during the late 1930's, prior to any ordinance setback regulations. The carport was constructed by prior owners. The two-story wood playhouse shown on the attached survey has been demolished. The structural supports for the existing carport are 5" iron posts sunk in concrete. Entry to the game room is a door located behind the carport. The concrete driveway extends to the front edge of the game room. The area immediately south of the drive is grassed lawn and a large mature oak. Relocating the proposed garage a minimum of 2-1/2' off the side lot line to the south would present an unnecessary hardship to the owners. CONDITION C - APPLICANT'S STATEMENT: The spirit of the ordinance will be observed because the new garage will occupy the same area as an existing structure. There will be no new encroachment. CONDITION C - STAFF RESPONSE: The spirit of the ordinance will be observed and justice done if the variance is granted. The backyard is enclosed with a solid wood fence. Only the front of the proposed structure will be seen from the street, and the gate is kept locked. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residence EAST: Residence SOUTH: Residence WEST: Residence COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: Roger Kelly Donaldson Roger Kelly Donaldson 865 21st Street RS (Residential Single Family Dwelling) District 0.215 acres (62.5'x 150') 2-story brick home, former garage, carport "C" Minimal Flood Hazard Zone SURROUNDING ZONING: RS (Residential Single Family Dwelling) RS RS RS Stable area. None Twenty-first - A 60'wide residential right-of- way with a 27'wide pavement, GENERAL INFORMATION/PUBLIC UTILITIES CONTINUED WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: • 12IMM-41 991 LI MA Surface drainage, gutters. There is a 2" water line in the street. There is a 6" sanitary sewer in easement at rear of lot. Fire protection is provided by Station #4 (Gladys and Lucas). Services and utilities are adequate. SNIDER, DONALDSON & WOLFROM, L.L.P. Xrl'ORNEYS XI'LAW 470 ORLEANS, FIRST FLOOR BEAUMONT, TEXAS 77701-3011 TEI-EPHONL 409-835-5001 FACSIMILE 409-838-0800 January 14, 1997 City of Beaumont Planning Division Room 210 City Hall 801 Main Street Beaumont, Texas 77701 Re: Request for Variance To Whom It May Concern: G F[Y OF C, EA U�A 0 V JA N 5 ffify E I V E 0 JAN 21 1997, Enclosed you will find an application for a variance for Roger Kelly & Mary Donaldson, 865 21st Street in Beaumont, Texas. Also enclosed is an existing site plan and two copies along with a site plan indicating the desired improvement with two copies. I would like to construct a two car garage in the same location as an existing carport. The north wall of the proposed two car garage will be along the same line as an existing wood garage on a concrete slab indicated on the drawings. The wood garage on the concrete slab is now a game room. The existing wood garage and carport are within the five foot set back from the property line. I need a variance from this set back requirement. I have discussed my proposed garage with my neighbor to the north, Ms. Aulbaugh, 875 21st Street, and she has no objections. In fact, I believe she is excited about the removal of the carport which is an eye sore. Kriston Construction Company will construct the foundation for the structure. Wolfrorn Homes will construct the garage. If there is further information that you may need, please do not hesitate to call. Sine r ly R. KEE Y DONALDSON RKD/mg Enclosures M 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. (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. 00eMV-Z?-, -7;ta VAPAWeV WILL W C0A/S7WWC7170hJ 45tv A mew 6MAGo-, Ws-t0r&C- AH &`W0"PAf4-,1, rAAA-lCr 140 PVMSG-,M)1,V t-0cms'o . MV JN/6161" V30/75 A-46 I-I"N 06rAv3c' -11-t-7 L MA CNOrW-r Je# A107- /1$ A-WVIACM,,L-' As A AMAu" —I 6"A(PP. ftn4q� Nvw rso-PAt-or wn-t- (2W in L—neArr Lccj:r;0,4 4,5 -11-IG M071A/6, cAsoowr, 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. '4C C CO., MAC; IWIMAC14 V1V (ZVVtb*10My / #r- 1-17OW4.4'y erNlm —ti-to New TV vf^4--, ) 7-t-(C, 6r7,U-1isT1h/& COMOLk/ (Aofor�l rl6vG C(,M-046 611(,slov AN OAV. 17ZFV IMMGMIA-YVU SoonN oP" 1-t-fC7 C/1o11PD4,T- TH& AWrA lqp "MtWI-0 OAW, 4mo -11-4w P"0fVn,7"1/ CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. vey"Woll 4's hl%i " t7)Af& T14 CFPZL," Wit,(, ITV'' ^I0 N 1 HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature:— Date: AS V 0 9 7F NORTH File 394-BA: A request for a variance to allow an,.accessor structure y NORTH on the interior side line of a residential lot at-865 21st Street. SCALE A. P-2001 15 AY jW 4 4 to 15 :t 17 L A t4 A50 4 14 4 jV M Jo AF L 0 N A AF 6. M 4 LONG AVE. /Clc loo 100 /00 zz :o 4- 0 Z4 /9 .11 tt � HYARRIISION' JA VE ar" Oii . .............. A. co Cm see p to 14 VA (x O .1. " FI- I-ILI A7 L) /0 411 HARRISON AVE. I HAZEL AVE. o- J /I IS to 8 10 60 /J. rr it 14F to Af 64 to Pr 0 4 to fV led IS to CLIENT: woop Fst4m -- LOT 000 bo 21 mee-r (6o, �) DESCRIPTION OF SERVICES REQUESTED: •SURVEYOR`S CERTIFICATE: ISANAC­J ;I CIO HEhHEREBY CERTIFY, TO THE 13EST OF.MY KNOWLEDGE BEij6,*TI-IAfTkIS0WTE-PLA -ANY ;THE E -OF A SURVEY MADE ON THE GROUND, UNDER MY SUPEWSION, S11OWINd ALOMPROViMEkT6 AND' * VISfBIE ENCROACHMENTS, AS 0 ABOVE .`TAA&-�BEING -LOCAT D-�A F i,'.S 'hr�' 17 o(o !21 DESCRIBED AS LQ-T 1-1 + I I 61ZCO VZ 1—ar 16 j LOCK/ � t4LDEIZ RW,- 49P. AS RECORDED 'IN,:1 S Y. TEXAS 7. VOLUME -I, PAGE LffoF THE t,;IbP RECORD OF jel:M?t0,oq COUNTY, ju ACCORDANCE WTH DIE Fl.00O INSURANCE RATE PAP. FEDERAL (mERCQlCY MANAGEMENT A(ANCY. CO0MU?tlrY-PA,4EL NO. �54 517 DATED THIS PROPERTY 5-411 ZOt E VOTED. LOCA�T4',�DETERWItlEo 13Y SCALE. ACTUAL FIELD tLFVAJ�ON t401 EETERMI? JEO- nM S$1jpMA?4, ItIC, DOE5 NOT WARRANT '4' ACEJ A, OF D MAP, ODD ZONE (F.E.M.A.) ,NSUS TRACT RICHARD F. FAUS P. 14 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 DATE: FITTZ & SHIPMAN .< , �`I�C�i H`•� SURVEYORS , LAND SURV CONSULTING ENGINEERS jof3 No.:"1414-111 440 18th STREET, SUITE A BEAUMON7, TEXAS (409)832- 7238 FAX (409)832-7303