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Home My WebLink AboutPZ2023-16DATE: February 2, 2023 TO: Board ofAdjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the required front yard setback to be reduced from 25' to 2' and the required side yard setback to be reduced from 5' to 2.5' for a carport. FILE: PZ2023'16 Marc LaRousseand his son Eric LaRousse property owner, are requesting aVariance for the property located at 2440 Mimosa Lane. They would like to construct o carport in the required front yard. Carports are permitted in the required front yard if there is no existing garage or access to the rear yard. Mr. LaRousse,however, has anexisting garage. The property iszoned RS(Residential Single -Family Dwelling) and therefore requires a 25' building setback from the front property line and a 5' setback from the side for aone-story structure. The applicant requests the required setbacks Lobereduced from 25'to 3' and S' to 2.5'. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting ofthe variance will not becontrary tothe public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography orother extraordinary or exceptional physical situation or hardship 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 actions; and [) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will bedone. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners. 26___. Responses in Favor` Responses in Opposition LEGAL DESCRIPTION Being Lot 7, Block 6, Tanglewood Addition, an addition to the City of Beaumont, Jefferson County,,Texas, containing Q.1S1acres, more orless. HZROF URUDNAD UE: ORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential N COMPREHENSIVE PLAN: STREETS' DR/UYN\GE: WATER: SANITARY SEWFR Marc LaRousse EhcLaRousse 144OMimosa Lane RS(Residential Single -Family Dwelling) 0.151acres more orless Residential °X"—Area determined tobeoutside the SOO-yearflood plain. SURROUNDING ZONING: R5(Residential Single'Farn\k/Dwelling) RS RS Stable Area MUIm osa1=a ]e—Loca|StneetvvithaGO and 26' pavement width. Curb and gutter 61t sanitary sewer line PROPERTY OWNER NOTICES SENT'kJ1fITHIN 2001 BARRIElTCS ANA C CELLI iICHAEL JUDE CERKIEWICZ MICHAEL D & APIL I DALBY BRAD DOCTOR TRUS & SHERiETTE HAWKES MARSHALL HEBERT DANA G & MEGAN E HEBERT LINDY LEE & JULIE HO LBROO K JAM ES R HURLEY J W SR JAMES J HN J SEPH CEDRIC V K R N EAY KATI E N ICC LE LAR USSE ERIC RUSSELL MARTINEZ VERONICA NIET MUIRHE DTHET AS & SHA''tJ' PARKS CHRISTOPHER PHILLIPS MASON GLENN & ME AN ANN SCHAPERJODY SCTT JAN E SHANKLE ELEANR & SHANKLE KENNETH THOMPSON MATTHEW C & SANDRA TILLERY DWIHT & JENNIFER WATKINS JANICE WI INS MICHAEL R BERT WILSON TERREL D & AN CIE D BEAVMC3Ni Planning & Community Development Case Type:Planning and Zoning Case Status: PENDING Case Sub Type: Variance Tag Name: Variance requested to add a carport to Case #: PZ2023-16 the residence Location: 1440 MIMOSA LN, BEAUMONT, 77706 Initiated On: 1/10/2023 3:09:55PM Individuals listed on the record. - Applicant Marc, LaRousse 1440 Mimosa Ln Beaufmont, TX 77706 Property Owner Home Phone: 4097824518 Work Phone: Cell Phone: 4097824651 E-Mail: ML3815@yahoo.coni Eric LaRousse Home Phone- 4097824518 1440 Mimosa Ln Work Phone: Beaumont, TX 77706 Cell Phone- 4097824651 E-Mail: marelarousse@yahoo.com Type of Variance: Variance Legal Description Lot 7, Block 6, Tanglewood Addition, an addition to the City of Beaumont, Jefferson County, Texas, according to the Map or Plat recorded in Volume 7, Page 221, MapilPlat Records of Jefferson County, Texas. 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. - Case Type- Planning and Zoning Case 11: PZ2023-16 The open air carport will not obstruct the line of sight, and will not bring down the property vaiue of the property or of other properties in the Tanglewood addition. My vehicle will not fit into the garage, which limits my ability to protect it from the elements. There is also a potential safety hazard when uncovered pavement is wet, as in the case of a slip and. fall accident. This is concerning, as young and elderly visitors frequent the home. This will be an open-air carport, and will not cause a sight obstruction to neighbors or traffic. Page 1 of I Printed On: 111112023 January 11,ZO23 City ofBeaumont Planning Department 801 Main St, Beaumont, TX 77701 Dear Board of Adjustment, 1, Marc LaRousse, and my son, Eric LaRousse., are writing this letter together to request a variance be granted for the addition of a new carpoit to be added over the existing driveway at his residence, located at 1440 Mimosa Lane, Beaumont, Texas. The home does have aone-car garage, but unfortunately, it is too small both inwidth and inlength fora vehicle to fit into it, and sobdoes not fit the definition of what a garage is intended tobeUsed for. Add itiona\ly, the rebnot enough clea ra nce to d rive a ve h icle on either side of the home to pa rkinth e back yard, soplacing ecarport orasuitable sized garage there bnot anoption. Being unable to park inside the garage limits the ability to protect the vehicle from the elements, and a carport would certainly help in that respect. A carport would also help to alleviate the possibility of slip and fall when having to walk on wet pavement, or when running in a rainstorm, while going to and from the house. There are frequent visitors to the home, both young and elderly, and there is much concern for t-heirsafety, aswell. The carport will be 28' in length, and 20' in width. It will be constructed of premium grade metal in a flat -roof design, andpi|\betiedind1recdytotheexistingroof,wh|chvv|||ensuneaseam|esstransition between new and existing construction. The carport will belocated within the bounds o[the existing driveway, and will be of an open-air design, which enSUres. that it will not cause a sightline obstruction tono|ghbors'nor totnaff(cThe required mini mumfrontyardsetback of35'w/ouWbered ucedto3.5'. The neighbors on either side of the home are aware of the plans, and neither has objected to the carport being added tothe driveway. There {sat least other carports on Mimosa Lane, as well as others onsurrounding streets. For example, there is one on Galewood, and one on Sul Ross, both of which encroach the setback, and they have existing garages. In our opinion, those carports do not detract from the value of those homes, or from those homes around them. VVehave attached the providedsliteplan, which indicates the location and size ofthe carport. We greatly appreciate your time and consideration into reviewing the variance applicatlon,,and are hopeful that it will be approved. Sincerely yours, Marc LaRousse Eric LaRousse V y� ■r'*.wry e 4o �A\ Aok<do Yr� Q I I ' 4 1 y { L� y l _ I f f 1 1 ,,40Y { lap �I j I I f L, x 1 jF +31 yS; its 0, 4 20 � 5 NOTE: 1. NOTHING IN THIS SURVEY IS INTENDED TO EMPRESS AN OPINION REGARDING OwNERSF11P OR TITLE. 2. THE WORD CERTIFY IS UNDERSTOOD TO 8E AN EXPRESSION F PROFESSIONAL JUDGMENT BY THE �� SURVEYO R, WHICH IS BASED D HIS BEST I NOWLEDCE, INFOR ATION AND BELIEF, F� RMED IN THE A L '� � 0i 1 COURSE OF HIS PERFORMING THE SURVEY IN COMPLIAN E WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT +COI TI-fUTES h1EITHER A {GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED, 3, ALL SET /8- IRON RODS SET WITH A CAP STAMPED "I~1YI. WHITEffY & ASSOCIATES". LEGEND -- -PEOMOSION NOTE: 3 FLOWER POLE (_0 RESIDENCE PROTRUDES FROM 0.14' TO LIGHT BOLE 0. 6' ONTO A 5' SIDE SETBACK LINE. 0 RESIDENCE PROTRUDES 5.76' ONTO A v WOOD FENCE 5' REAR SETBACK LINE. - I -- - WROUGHT IRON FENCE SET 5/8 --�.e��---�- OVERHFAD ELECTRIC +�, _-� 1. RODIJ CONCRETE 4 1 " I. ROD BEARS no GrAj A rA 1 ' w QVS CALCULATED CORNED LOT 7 UNA13LE TO FIND OR �'� � BLOCK SET DUE TO FENCE � .�— POST & POWER POLE BEARS o. _. r - 5' SIRE SETBACK POWER POLE � �� BoVOL. 1015 PC. 388 D J WOOD FENCE POST ��. { ► � V. �f. � ,�+ t , 4� � �ow- . co BEARS S48''3"E 1.5'.5 .-- ' SIDE SETBACK S.361 � 1. VOL. 1015, PG. 388 � �- _ 4.74 C) f7 R3C .5 Lb Lp l IKlkkt i+l") r BRICK & FRAME �C �W U) J Vol RESIDENCE 0ILL '. - - 0 -- i 5. 1 _ = 86 CV. BLDG. SETBACK LL __ PER PLAT &j VOL. 1034, PG. 604 5 EASEMENT +OPRJC PER PINT `•' FND 1 w FND 5" I, ROD I. ROB _ Y (CALL *0 ' 0'V 65.46) ALL N'0 'aOrW 7 .00` REFERENCE BFARING PER PLAT MIMOSA LAN (601 R VI D 1 " I. POD Ru laved end Appmved 13Y - TC� THE OWNERS OF THE PFE� I~�11IS SURVEYED 144C MIMOSA tl��E THE DATE OF 1 HE SURVEY: 81�1°�T, TEXAS 77706 A F Tt�F. I SURVEY WAS THIS BABY' Lot 7, Block C, TNGLE1k1�JC�D ADDITION, �� d�ditwar� I, THOMAS S. ROWE B HEREBY CERTIFY THAT THIS to the City of Beour tiorit, Jefferson County, Texas, MADE O THE SURFACE OF THE ROUND OF THE PROPERTY LEGALLY DESCR according to t�)e map or Plot recorded in Volume HEREON AND IS CORRECT. I FIND NO DISCREPANCIES, SHORTAGES IN AREA, 7, Pace 221, ,lap/Plat Records of Jefferson ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ENTS }N THE SURFACE OF THE Count Texas. GROUND, EXCEPT A AND SHOWN HEREON. ALL RECORDED EASEMENTS SHOWN r NOTED PER CAPITAL TITLE OF TEXAS, LLC G.F. No. 1--•578 1—WEOwner- Eric Russell iLaRous e