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HomeMy WebLinkAboutPZ2022-19DATE: February 3, 2022 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: To consider arequest for aVariance to the required front yard setback tobereduced FILE: PZ1022-19 STAFF REPORT Ashley Clark, representing Stonewater Inc., i's requesting a Variance for the p,ropedylocated at240S Tulane Street. The property is zoned GC -MD (General Commercial — Multiple Family Dwelling) district and therefore requires a2O building setback from the front property line for all structures. The applicant |yrequesting aVariance tothe front yard setback tobereduced from 2O/to1{Y11".The applicant claims this lot is exceptionally smaller than the average GC-IVID lot and also oddly shaped. Stonevvater,Inc. is a company based in Galveston, TX. They have participated in the General Land office (GLO) Disaster Recovery Program to facilitate building structurally sound homes and mitigate future flooding hazards for citizens' homes that have been affected by natural disasters. The applicant shall have the burden of proof to demonstrate that aH three conditions necessary for approval have been met: A) That the,gramting of the variance will not be contrary to the public interest; 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 hardship physical condition unique to the specific piece of property inquestion. "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 actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 25 Responses iDFavor _____. Responses iQOpposition GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Residential SOUTH: Residential WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: PROPERTY OWNER NOTICES SENT WITHIN 200' ROCHA FRANCISCO & EVITA L WORTHY LILLIE MARIE CHAVEZ MANUELA MANDUJANO CHAVEZ GUADALUPE IRIS NEW REVELATION WORSHIP CENTER NEW REVELATION WORSHIP CENTER NEW REVELATION WORSHIP CENTER Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE HARRIS ARTHUR LEE 2405 Tulane Street GC -MD (General Commercial Multiple -Family Dwelling) 0.201 acres, more or less Residential "X" — Area determined to be outside the 5,00 year flood plain SURROUNDING ZONING': GC -MD (General Commercial Multiple -Family Dwelling) GC -MD & R-S (Residential Single Family Dwelling) [411 a LTJ Conservation & Revitalization Area Tulane Street — Local Street with an unimproved 42' wide Right-of-way Lampassas Street — Local Private Street with a, 40' Right-of-way and a 16' pavement width Open ditch 2.25" water line 6" sanitary sewer line DAVIS AARON RUFUS HARRIS ARTHUR LEE TZAMIPOP PABLO AJANEL DIMAYUGA JOAQU'I N KNIGHT BEANNA CLOUD LYNN & PATSY BLOCK MELVIN CARRILLO-CARRANZA ISIIS & FLAVIANO JUAREZ MATTHE'W'S ENTERPRISES MOORE BABE ESTATE HOLMES SAM T ESTATE HOLMES SAM T ESTATE DAVIS AARON RUFUS BATHLA ENDEAVORS LLC LEAVEN JASPER SR TZAMPOP PABLO AJANEL LOBAR LLC MARQUEZ JOSEFINA TREJO 10 A Case Type:Planning and Zoning Case Status: ACTIVE Case Sub Type: Variance Tag Name: Variance Case#: PZ2022-1 9 Initiated On: 1/12/2022 1:38:26PM Location: 2405 TUILANE ST, BEAUMONT, 77703 Individuals listed on the record. Applicant Ashley Clark 6480 Eastex Fwy Suite A-1 Beaumont, TX 77708 Agent Ashley Clark 6480 Eastex Fwy Suite A-1 Beaumont, TX 77708 Property Owner Home Phone: Work Phone: Cell Phone: 7134786416 E-Mail: ashley.clark@slscotx.com Home Phone: Work Phone: Cell Phone: 7134786416 E-Mail: ash]ey.clark@sIsc,otx.com HARRIS ARTHUR LEE Home Phone: 2405 Tulane Work Phone: Missing Address, City, State, or Zip Code in People Cell Phone: E-Mail: Legal Description Type of Variance: That the granting of the variance will not be contrary to the public interest That literal enforcement of the ordinance will result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: PL D5 T54 A WILLIAMS Variance This variance is not contrary to the public interest because the home will still be within the individual property lines. The lot size is exceptionally smaller than average also shaped like a triangle. This request will fit the neighborhood by demolishing the existing home that does in fact encroach on the neighbors property. We will fit the new home more on the existing property line. Case Type: Planning and Zoning Page I of I Case M PZ2022-19 Printed On: 1120/2022 To: City ofBeaumont Planning and Zoning Re: Request for Variance at 2405 Tulane St, Beaumont, TX 77703 VVeare requesting avariance for the following homeowner and address: Arthur Lee Harris 2405Tu|ameSt Beaumont, TX777O3 We would like to build outside, of the setback lines in order to provide this citizen of beaumont with improved living conditions. Due to the climesions of the floor plans, offered by the Texas General Land Office Homeowner's Assistance Program and the irregular shape of Mr. Harris's property there is not a floor plan provided that would fit within the setback lines of this property. Mir. Harris has already chosen the smallest floor plan available due to his known lot restrictions. Not allowing the variance could cause the homeowner to lose out on 1heGLQ Program and by default lose out on being made uvhmUe again after the terrible tragedy that was Harvey. The lot is atriangular shape with avery small buildable space. Please reference the attached proposed Please allow us to provide Mr. Harris with a safe, energy efficient, and structurally sound new home. Thank you, Ashley Clark E SDX,91'1N0V4nVN IANIS ]Nvini �on 'ONI N�IVMANOIS --M AMPASSAS ST, d gh lot 'tw Lu 2f wif c h ile PZ2022-19: To consider a request for a Variance to the required front yard setback to b Auced from 20'to 1011". pplicant: Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE cation: 2405 Tulane Street 10 100 200 1 1 1 1 Feet