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HomeMy WebLinkAboutPZ2022-29DATE: March 3, 2022 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: To consider a request for a Variance to the required rear yard setback to, be reduced FILE: PZ2022-29 STAFF REPORT Israel K4endk>XmJr. isrequesting aVariance for the property located otS495GreewbharLn. The property is zoned Residential Single-Famil'y (R-S) and therefore requires a rear yard setback of 25' for a main structure. The applicant is requesting the rear yard setback to be reduced from 25' to 3.64'. Please see the survey located imyour packets for avisual reference of the aforementioned. The appraiser for the home discovered there was an addition completed without the benefit of a Variance sometime prior to2UO3. Staff does have records ofaVariance being filed by the U.S. Department ofHousing and Urban Development (HU0)ioOctober 2O03. They requested permission bz keep the encroachment of 6" into the 5' side setback and the encroachment of 22'2" into the rear setback. The Board ap�roved the side setback request; however, they denied the rear setback request. Please see the staff report for October 2, 2003 and official certification of Board of Adjustment decision asareference. Mr. MemdiobJr. bnow inthe process ofselling ahome toa buyer. However, the buyer's lender will not grant the home loan to the house due to the nonconformity of the existing rear yard encroachment, as itwas never granted approval. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting nfthe Variance will not hecontrary to the public interest; [A That literal enforcement of the ordinance, will result in unnecessary hardship because of exceptional narrowness, shaUmvvmmsx shape topography urother extraordinary nr exceptional physical situation or hardship physical condition unique to the specific piece of property inquestion. "Unnecessary hardship" shall mean physical hardship relating tothe property itself asdistinguished from a hardship relating 1wconvenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and [1 That bvgranting the Variance, the spirit ofthe ordinance will beobserved and substantial Exhibits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 27 . Responses in Favor Responses in Opposition LEGAL DESCRIPTION Being Lot 20, Block 1 of the Briar Creek Section I Addition, Beaumont, Jefferson County, Texas, containing 0.265 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Israel Mendiola Jr. PROPERTY OWNER: MENDIOLA ISRAEL JR & LAURA L LOCATION: 5495 Greenbriar Ln EXISTING ZONING: R-S (Residential Single -Family) PROPERTY SIZE: —0.265 acres more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X —Area determined to be outside the 500 Year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential Single -Family) EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: Stable Area STREETS: Greenbriar Ln - Cul-de-sac with a 90' right-of-way and 69' pavement width DRAINAGE: Curb and gutter WATER: 2" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' WILLIAMS BONNIE L REDD OSCAR E & DEXTERLENE ZHOUHONG MENDIOLA ISRAEL JR & LAURA L MILLER VICTORIA MASTERS BILLY GENE MORGAN TROVON' D & CATHRYN B SPERLING DONNA LAVERGN'E JOHN E & ANGELA M DAVIDSON GAY WALL GREGORY M & LINDA F BEATTY GLEN M REDMON BEVERLY SYKES ALMA KATHLEEN STRATTON BOURDIER JOYCE H TRUONG NU KNOBLOCH HENRY GUY JR MOORE GERMAINE ANDREW STOUGH CHA'RLENE (LIFE ESTATE) LARAMORE CHRISTY L BERRY LIONELJOSEPH LEBLAN'C EMMA MCKINLEY PAM''ELA S FAIRLEY PATRICIA ROGERS VILNA F & A DOVER FAMILY LP K&M REGENCY PLACE LP i BEAUMONT Planning & C01'nMUnity Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2022-29 Location: 5495 GREENBRIAR LN, BEAUMONT, 77706 Individuals listed on the record. Applicant Israel Mendiola Jr. 720 S 24TH ST Kingsville, TX 78363 Agent Tim Williams Beaumont, Tx 77706Missing Address, City, State, or Zip Code in People Property Owner Case Status: PAY FEES Tag Name: variance to rear setback Initiated On: 1/21/2022 3:23:49PM Home Phone, Work Phone: Cell Phone: 8034098007 E-Mail: Mendiola90@aol.com Home Phone: Work Phone: Cell Phone: 409-4603777 E-Mail: TimWilSellMyHouse@kw.com Israel Mendiola Jr, Home Phone: 5495 Greenbriar Ln Work Phone: Beaumont, TX 77706 Cell Phone: 8034098007 E-Mail: Mendiola90@aol.com Type of Variance: Legal Description 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: Variance LOT 20, Block 1, Briarcreek Subdivision, Section 1 No, Due to the home being a residential home in a subdivision Yes, Due to buyers will not be able to purchase home due to appraiser will not approve without a variance from the City of Beaumont. Yes, ordinance will be observed and substantial justice will be done. Seller had lost a love one and decided to move back home to South Texas to help care for mother in-law. Case Type: Pianning and Zoning Page I of I Case #: PZ2022-29 Printed On: 2111/2022 Letter forVarjancef or Property at 5495 GreenbriarLn,Beaumont7exas77706 (January 25,2022) Dear Members of the Zoning Board of Appeals, I am writing to seek a Variance for my single-family home at (5495 Greenbriar Ln. Beaumont, Texas 77706). Current zoning rules state that any rear setbacks line must be no more than 25 feet from fence line. The Residence protrudes 21 ft from a 25ft rear setback line. This rear setback line has been this way since house was bought from the previous owners. I have attached a copy of the survey for 5495 Greenbriar Ln. (LOT 20 BLOCK 1 of Briar Creek Subdivision Section 1) dated December 16, 2015. Due to a resent death in the family, we had to relocate to South Texas and help with the care of my mother in-law. I have put the house up for sale and found a buyer. Unfortunately, the buyers Leander will not grate the home loan to the house due the house being over the rear setback line. I am requesting that the rear setback line remains the same so that both parties involved can move forward with the selling and buying of the house. Additionally, the propose that this Variance is being requested for does not encroach or infringe on any neighboring residential properties, nor would it impose any hardship on any neighbors, nor would it serve to create a situation where any neighbor's quality of life, property value, or peaceful co -existence would be negatively affected. Should you have any questions, please do not hesitate to contact me at the number or email address below. Thank you for your thoughtful consideration of this request, Respectfully Submitted Israel Mendiola Jr. (USA Retired) 5495 Greenbriar Ln. Beaumont, Texas 77706 Cell: (803) 409-8007 Email: Mendiola90@aol.com CURVE I RADIUS I ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE FND Cf 45.00' 33..BO` 33.02" ''... S23"48'00"E . 43'02'31" CALL C1 46"00' 33,87' 33.07' 43"07'17" 10" HACKBERRY TREE - DEARS S44'13'5B"E 0.56' IvolEVIN"DD ALCULATED CORNER UNABLE TO (CALL NO2'34'26'W 135.79') o OR SET CORNER DUE TO 10" FIND NO2*34; a"1 '5',7' " i7 l LOT 20, BLOCK 1 w o 25 REAR BLDG SETBACK m r uaz EC NO. 100--48-1201 " a- ;.J camzC) F— — .." z" a M OPRJC r - a b LLal 4 < W o W =2W C7 Cif ca mamma z afn Z�OTCY �—„ a ca a F m 8. r� AC ELEC. zr 11TR. tcUd 0- m omxz `' 5' SIDE SETBACK — r © ^� FC NO, 100--48"..1201 r, " P P �'t OPRJC w r, A �9 15' BLDG. SEfEiACK- rp & UTILITY EASEMENT T PER PLAT Ee W c a PROTRUSION RESIDENCE PROTRUDES 21.36' ONTO A 25' REAR SETBACK LINE. � W � o � RESIDENCE PROTRUDES 0.25' ONTO A 5' SIDE c.a c_.r rn 6 zg :. SETBACK LINE. �<rJ� Ujp .....�.-... ., ,.... w t6 w i r+a L a UNDERGROUNiD EtECTRiC SLRVIGE "n z F 7 � EXACT LOCATION OF UNDERGRODND) :� ref �a ore ELECTRIC UNKNOANr ,d""-."" TO THE LEINHOLDERS AND THE OWNERS OF THE PREMISES SURVEYED AND TO THE FIRST AMERICAN TITLE INSURANCE COMPANY. THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LANE CONFLICTS„ ENCROACHMENTS, OVER -LAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHTS-CF-VIAY EXCEPT AS SHOWN HEREON, AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY. ALL EASEMENTS SHOWN AND NOTED PER TEXAS REGIONAL TITLE G.F. No. 19757-.113 DATE SURVEYED: DECEf.IfiER 16 2015 f.TH.0 S. R(i4"fE ;a728 �I0 THOMAS S. ROWE - REGISTERED PROFESSIONAL LAN�IEYOR No. 5728 +MARK. HITELE'Y D ASSOCIATES INC0'I�PORA`TED TING ENOWEERE, ORS, AND PLANNERS R, FIRM NO, 10100700 ( P. O. k31ON 144,92 BEAUM'tlJlNT, TEXA.0 7772f)--5492: 4109--89�2--i0142t 02150 1CA;ari'Ex Ffd72Y'. VTItiPa"ntilPON TKKAS 77`03 (F,V) 40'R-892 -1340 q I 'n n war_ �Ci io C" Z' N � N q o n_ 6 W rCL Lij BRICK do FRAME iwr z RESIDENCE r 7 raw N F m 9.0' I m � I try c�v w - 6 END 5/8" ELEC. I. ROD is /PEDESTAL t.IGHT POLE GREENBRIAR LANE (50` ROW) 5495 GREENBRIAR LANE BEAUMONT, TX 77706 Lot Number Twenty (20) in Block Number One (1) of BRIAR CREEK SUBDIVISION SECTION ONE, an Addition to the City of Beaumont., Jefferson County, Texas, as the same appears upon the map or plat.. thereof, onfile and of record in Volume 14, Page 15B, Map Records ; of Jefferson County, Texas. Owner. israel Mendiola, Jr. & Laura L. klendiola Census: 3,08 In accordancewith the Flood Hazard Boundary Map, Department of Housing and Urban Development, Community No,: 485457 Panel' No.:0035 C Date of FIRM: 8-6-02 -n ThTs property lies in Zone 'X" (white). Location on mop determined by scale on map. r Actual field elevation not determined. Mark W. Whiteley and Associates does not warrant nor subscribe to the accuracy or scale of said maps, i* I Zone "X" (white) are areas determined to be outside 500-"year flood plain. cr C� 2en'i9 t/ rPo' ': 15"d'tEYry „" A35R,:'mfes, Irc ir,^$ "�tr cif. 3S 9+� fASQ LRrM ,e Gr (AWES"'P"gJI it^}l LN, 3 fYE pfa(lElTj wf AAtfk I% �h ff°✓ ai AS C' cif x, Ifs m.� �S fd'Gt QP l*'C US°Q. YPy(LYE�Lftf e,�.yrad c 'Rr�+,Ead, .n +o�'a mr r,aM °Lhc:rE M'!;^ arrr4m" eJlhcrriPt�cn or k',rk W. 4Fh TP:E/ S M1i5'rCPI£4. fn'„_ OFFICIAL CERTIFICATION OF BOARD OF ADJUSTMENT DECISION FILE: 507-BA This will certify that on _ October 2, 2003 the Board of Adjustment approved/denied (see below) by a vote of 5 - to 0 Special Exception, X Variances, - Appeal as allowed by Section 30-37 (e) 3 from Section 30.-25 (b) I . of the City Code for property located at 5495 Greenbriar Lane and requested by U. S. Department of Housina and Urban Development This decision approves the. variance to encroach 6" into the 5' side and building setback and denies the variance to encroach 22'2" into the rear ---yard building setback for a house at 5495 Greenbriar Lane, being Lot 20, Bloch 1, Briar Creek Addition, C4..of Beaumont, Jefferson Coup Texas. There is a ten day time period to appeal this decision commencing upon October 2, 2003 V- ISO 10/02/03 S gnature of h--a7rnan Date Board of Adjustment THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEF91E ME, the undersigned authority, on this day personally appeared 1-012'1-, known to me to be person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GfrV�N .2 I.JE MY HAND and sea] of office this day of 2003, JILL COLE NotarOublic, State of Texas NOTARY PUBLIC STATE OF TEXAS Dl� *C!'Dm-txP1(0s01-2?-20041 DATE: October 2, 2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT. Request for variances to the minimum side yard setback from 5' to 4' 6" and to the minimum rear yard setback from 25' to 2' 10 rilLE: 507-BA STAFF REPORT The U. S. Department of Housing and Urban Development has been deeded this property at 5495 Greenbriar Lane as the result of a foreclosure by the lender. First Preston, the contractor for HUD, has been engaged to secure, appraise and sell the property for HUD. During its research to prepare the property for sale, First Preston discovered that the previous owner had built some structures beyond the rear building setback line. In addition, the northeast corner of the house is built 6" into the side building setback. HUD is asking that the Board of Adjustment approve these building setback encroachments so that the sale of the property can proceed. The applicant shall have the burden of proof that all three conditions necessary for approval have been met. Exhibits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 49 . Responses in Favor . Responses in Opposition -. File P,Z2022-29: To consider a request for a Variance to the required rear yard setback to be reduced from 25' to 3.64' Applicant: Israel Mendiola Jr Location: 5495 Greenbriar Ln 0 100 200 L I I U I Feet