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HomeMy WebLinkAboutApr 2023 BOA Packet*A G E N D A* BOARD OFADJUSTMENT 1uFloor Conference Room, Ste, l3O City Hall 801 Main Street, Beaumont, Texas Public Hearing The meeting will also be broadcasted on the City's YouTube channel: *AGENOA* mni i ra.. APPROVAL OF MINUTES Approval ofthe minutes ofthe meeting held March 2,ZO23. SWEARING IN OF WITNESSES PUBLIC HEARING 8 To consider a request for aSpecial Exception to waive off-street parking and loading requirements for acarpentry shop. Applicant: JavierRa|da Location- lOO9Orange Avenue 2) Toconsider arequest for aVariance tothe minimum rear yard setback requirement for ahouse. Applicant: Israel Mend1o|aJr. Location: 5495 Greenbriar Lane 3) To consider request for a Variance to the minimum front and rear yard setback requirements for a house. Applicant: ]WTC,]VVTurner Construction, Ltd. Location: 2550 Brooklyn Street OTHER BUSINESS ^n/rx/nm Persons with disabilities who plan tojoin thismeetngandvvhomayneedamdUaryabborserviceaare requested tocontact Chris Catalina at8OO'3777. MI N U T E S BOARD OF ADJUSTMENT March 2, 2023 City Hall, 801 Main Sh-eet A meeti ng of the Board of Adjustment was held on March 2, 2023 and called to order at 3 -. 0 0 p.m- with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent: Board Member Joey Hilliard Alternate Board Member Christy Amuny Also present: Adina .nosey, Senior Planner Chase Engman, Assistant City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Alternate Board Men -fiber Jones moved to approve the minutes for February 2, 2023. Board Member Board Member Sorrell seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:02 p.m. OTHER BUSINESS Chairman Timaeus proposed hearing Other Business prior to the Public Hearing portion of the meeting in order that the Board may understand the Texas Local Government Code amendilicnt by which the members would be making a decision for the Public Hearing agenda item. He then explained the amendment and referenced the memo included in the meeting packet, which states: City Ordinance Section .002.00 e B , (page 28.16) says the Board of Adjustment cannot consider financial issues in determining if an "unnecessary hardship" exists. Legislature has recently changed this. Tex, Loc. Gout Code 211.009: BOARD OF ADJUs'rMENT March 2, 2023 In exercising its authority under Subsection (a)(3), the board may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship: (1) the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01 , fax Code; (2) compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; A Post -Session update from the Texas Municipal League states the following: ings, e0oi-cing the ordinance as "A BOA is authoilzed to gi-ant a variance if,' iranong othei- th ' i v3) not defined iaitten ivould i-esult in "unnecessary harTh dsh*. " e tei-ni, "unnecessary hai-clship is Ip -ts of.facts fhat can constilute an in state laiv, so over thne courts have gral)pled ivith the soi cc unnecessary hai-cishil) " and juslify granting a wa-iance. Until the passage of H.B. 1475, an unnecessary harclshil) iiould be one that ii1as not self-ijnposed, pei-sonal in naturei rvlated to the pivpei-for ich the iwilance is sought, and not a solelyfinancial hai-dshil). The hat-dshi needed P to be a condil or i in iq ire, ol)press Ne, and riot corn on to o th ci 4 prol3erly This canges the above analysis * a coul.)Ie i,ilays. It adds more ojecth)e crilei-ict i-ilhich a BOA hin can consider- to deterinine ivhethei- compliance 1-oth a cloi's zoning ordinance cis al-y)Iied to a sliquatire ii)ould result in- an unnecessai- hai-clsh ' . For the fii-st lime, in-ely financial J Ip P considerations can qualifi� an applscant for- a i)ai-iance. Additionallj, if the pi-oposed sti-ucrui-e TV0111d be con sidei-ed a nor core sh4uctw-e, that could be gi-ounds io grant a i�arlance. Those ysis, ii7hich alio-�t� an applicant to get over- the are ntlo significant shifts in variance anal - be {gun necessaiy hai-dship" hta-dle a little inom easilj� Undej- the nei,i) lcni), there inight (in -unnecessary haridshi if.- P 1. the cost of corm )liar e ii4th the zoning oi-dinance is greater than 50 pt ricereof the cyvi-aised i)alue of the st)-tictia-e cis shoit�n on the inost r-ecent ceafeed aj)I)i-alsal roll; or 2. conyAcince i-muld result In a loss to the lot on iMich the structure is located of at least 25 pei-ceni of the area on i,Mich dei�elqnnent may physically occur-; or 3. sorry )liance Would result in the sticuctince not in cony-Viance iillth a i-equh-enient of another ciy ordinance, building code, or other requirement; or 4. corn l)flance ii)otdd result in the unreasonable enc)-oachinent on an adjacent properly or easenient-,* 0)4 5. the cion considei4s the sti•ticture to be a lionconfoi4ming sh,,ucture. Keej) in inind that to i-ant a wiriance, the i�ai-iance in-ust not be ontr•crry to the public interest, and the spil-It of the zoning ordinance niust be obse)-veid. So ei�en if a proposed structio-e fits an CC unnecesscay hamlsh"" categoi-y aboi�e, granting the i7ai-lancat e is not automic. The facts Ip surrounding each i�ariance i-equest still have to be anctlyzed by the BOA, bul HB. 1475 changes 2 BOARD OF ADJUSTMENT March 21) 2023 Part of the cinalysis. Cities and their BOAs should look at their zoning rides, policies, clocuinentcition, cind electronic or printed inciferials to Mclke sure lhej� are ulwlated to rejlect this ing cipplicants in the fall. change in slate laii? and be reaidj�fior neii, argivnentsfi-oin zon Board Menibers had no questions and stated they -understood the arnendment. PUBLIC HEARING 1) File PZ2023-49: To consider a request for a Variance to the required front yard setback to be reduced from 25" to 3' for a carport. Applicant: Helen Sutton-Tegbe Location: 1310 Galway Drive Mrs. Jose y presented the staff report. Helen Sutton-Tegbe is requesting a Variance for the property located at 131 Galway Drive. She would like to construct a 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. Ms. Sutton-T egbe, however, has an existing garage. The property is zoned RS (Residential 0 SingDw le -Family elling) and therefore requiresa 25' building setback froin the front property line. The applicant requests the required setback to be reduced from 25' to 3. A Stop Work Order was issued on January 25, 2023, as construction had begun without the benefit of a permit. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) rl"hat the granting 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 othee. extraordinary or exccptional physical situation or hardship physical condition unique to the specific, piece of property in question. "UDnecessary hardship"' shall n-lean physical hardship 0 relating to the property itself as distinguished from a hardsbip relating to convenience, financial considerations or caprice, and the hardship must not result fm rothe applicant or owner' s actions; and Q That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property and site plan were shown. Eighteen (18) notices were mailed to property owners within two hundred (200) feet of the sub ect property. Zero (0) responses were received in favor and one (t) was received in opposition. Mrs. Jos stated that the property owner in opposition commented that if there was a guarantee property values will not go down, they would not mind. 3 BOARD OF ADJUSTMENT March 2., 2023 Brief discussion followed CODeerning the Board's inability to guarantee property values will not decrease and the role of the Board to only approve, disapprove, or table an agenda item. The applicant was present. Helcn Sutton-Tegbe, 13 10 Galway Drive, Beaumont, Texas, addressed the Board. She stated the carport is necessary due to the shape of the property. She further stated that the carport will not encroach in the street and not contrary to her neighbors or public interest. The land is useless without the carport and she presented photographs of neighboring carports e I conditions similar to the one she is rcquesting. Ms, 'Tegbe added that she has n et the condifions necessarfor approval and submittcd the necessary drawings required by Staff. United Metals, of Beaumont, is the contractor and Chairman Timaeus stated that he is concerned that the company began construction of the carport prior to receiving the proper permits from the City. Ms. Tegbe further stated that the garage iS CUrrently used to house dogs in kemicls. She also voiced concern relating to statements made by City staff during the application process. Chairn-lan Timaeus explained the role of the Board in relation to staff complaints and suggested that Ms. Tegbe follow the chain of command to initiate a complaint. The public hearing on this request was closed. The board discussed the case aniongst themselves. The Public hearing on this request was reopened. Board Member Beaver discussed with staff the Property Owner Notice fornis mailed to surrotinding property owners. Ms. Tcbge inquired as to the process of obtaining a copy of the notice submitted by the property owner that is in opposition to the, request. Board Member Beaver further explained that once the forms are mailed, surrounding property owners will often phone staff with questions relating to the form and not return the form to the City. The board further discussed the case amongst themselves. Also discussed was the location of the proposed carport in relation to the casement along the property line and the side yard setback. The public hearing on this request was closed without further comment. Alternate Board Member Jones moved to approve the request for a Variance to the required front and setback to be reduced from. 25' to 3' for a carport, as requested in File PZ2023-48. Board Meinber Beaver seconded the motion. A roll call vote was taken. Chairman Timacus-No, Board Membcr Beaver -Aye, Board Member Rowe -No, and Men-iber Sorrell -Aye, Alternate Board Member Jones -Aye. The motion to approve failed 3:2. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:24 P'M. 4 DATE: April Gi2-O23 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: Toconsider arequest for aSpecial Exception towaive off-street parking and loading requirements for acarpentry shop. FILE: PZ2023-97 STAFF REPORT Javier Ra|dahas requested aspecial exception towaive off-street parking requirements for the property atlOO9Orange Avenue. Special exception (c.) allows a waiver to off-street parking when the Board finds the same is unnecessary for the proposed use ofthe building for which the request applies. Mr.Ra|da has submitted a Specific Use Permit application for con ' sideration by the Planning and zoning Commission. The building where hehopes toopen his carpentry shop currently does not have parking that meets City requirements. According tothe Zoning Ordinance, the FiOOO sq. ft. shop would require 6parking spaces. Parking for the structure has historically been on the City'sr|ght'o[+may,and backs out onto the street pavement. The property includes a vacant lot behind the building, but paving would be required for an approach and ADA compliant parking )[ off-street parking tomeet the Zoning Ordinance isrequired. Mr. Ralda states this would cause him hardship. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 Responses \nFavor Responses inopposition ' LEGAL DESCRIPTION_ Being Lot 67 and the north 45' of Lot 68. Block G` Crary Addition, Beaumont, Jefferson [ounty, Texas, containing O-327acres, more orless. GENERAL INFORMATION PUBLIC UTILITIES APPLICANT: Javier RaIda PROPERTY OWNERS: Victor Corrales LOCATION - 1009 Orange Avenue -EXISTING ZONING.: GC -MD (General Commercial Multi -Family Dwelling) PROPERTY SIZE: "0.327 acres, more or less EXISTING LAND USES- Vacant commercial structure FLOOD HAZARD ZONE: X — Area determined to be outside the 500- year floodplain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant GC -MD (General Commercial Muiti-Farnily Dwelling) EAST: 'Vacant Residential GC-MD/RCR (Residential Conservation Revitalization) SOUTH: Church/Residential RCR (Residential Conservation Revitalization) WEST: Residential/Vacant RCR COMPREHENSIVE PLAN: Conservation Revitalization STREETS: Gilbert Street - Local street with a 601 right-of-way and 18' pavement width. Oran e Avenue — Local street with a 601 right-of- way and 30" pavement width. DRAINAGE: Curb and Gutter on Orange Avenue, Open ditch and culverts on Gilbert Street WATER: 2 "grater line SANITARY SEWER SERVICE: 10 1' and 6*" Sanitary sewer lines PROPERTY OWNERS NOTIFIED WITHIN FEET STATE OF TEXAS AREF SAM EER LAFLEUR VALIIESA ESTATE TRO N MY-NGOC ARELLANO-LOZA MARIO M DIOCESE OF BEAUMONT AR A MARY ELLEN MALENO FRANGSA VALERA NGUYEN LOAN F ENTERIA JUVENAL LT Uri MERCADO MARIA GUADALUPE SIFUENT'ES FRANCISCO & R SA MARIA HERNANDE SANCHEZ NESTOR N BE AV M C3 NT Planning & Community Development 1� Case Status: PAY FEES Case Type:P[anning and Zoning Tag Name: Parking in the previously assigned area Case Sub Type. Special Exception Initiated On: 2/27/2023 3:02*02PM Case #: PZ2023-97 Lo r, ati on: too 9 0 RAN G E AVE, B E AU MONT, 7 7701 Individuals listed on the record: Applicant Home Phone'. Javier RaIda Work Phone: 9201 Oak Arbor Dr Cell Phone- 9794299742 Conroe, TX 77384 E-mail: javier@carpenwood.com Property Owner Victor Gorrales Home Phone, 5570 Dinner Dr Work Phone: Cell Phone: 4092913149 Beauniont, TX 77708 E-Mail: vorralesvictorl 987(o ,,grnail.cOm Page I of 2 base Type: Planning and Zoning Printed On: 3/14/2023 Case 4: PZ2023-97 BE AU MO NT Planning & Community Development Extend enlarge a building occupied by N a nonconforming use on the lot or tract occupied by such building, provided that the constrLiCtiOn does not prevent the return of the property to a conforming use the front yard setback of abutting lot N does riot meet the front yard requirement or the rear yard setback of any 4 or more lots in same block do not meet the rear yard requirements Existing front yard setback of the N various lots in the same block are not uniform A yard exception on corner lots N minimurn front yard requirements for N owner identification signs Minimum interior side yard setback N requirement for owner identifications signs for existing businesses which were developed prior to 41111981 An exception from the minimum side N yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance. Waivelreduce off-street parking and Y loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies Exception for 10 additional feet in N height for an advertising sign Notes: Page 2 of 2 Case Type. Planning and Zoning Printed On: 311412023 Case#: PZ2023-97 PEL EIRSONAL AFFIDAVIT 1, Javier Adalberto RaIda Reyes, USA citizen as member and representative of my company Carpenwood LLC, declare before a Texas Notary Public, the reasons for which I request that we be -exempted from the requirement to build a new parking lot in the 1009 Orange Street in Beaumont Texas. 1. The debt of Carpenwood LLC for the acquisition of the building amounts to $131,200 (One hundred thirty-one thousand two hundred dollars without cents) of which $82,600 is still due to the previous owner and $48,600 is due to personal lines of credit, obtained from banks as personal loans. This seriously compromises our financial capacity, because the quotes we obtained for the construction of the new parking lot exceed $10,000 dollars. In addition, our investment in tools and equipment exceeds $20 thousand dollars. 2. Recently, we paid the outstanding property tax debt from the previous owner at the City of Beaumont Tax Collector Office, for a value of $5200 (five thousand two hundred dollars). 3. The current parking lot is enough for the carpentry, because Carpenwood LLC is a workshop that does not have a showroom, therefore it does not receive visits from clients or suppliers. Therefore, the current parking lot is and will be exclusive for workers. 4. The workshop is located on Orange Street in Beaumont Texas, whiph is a street with very little traffic, very similar to the dead end streets. If you need more detail about our current situation, feel free to contact me at javier@carpenwood.com where I can gladly offer more details about it. I appreciate your time and consWeration, since we only intend to operate in order, as soon as possible, respecting the provisions of the/,dffy of Beaumont. avid Mrfo aIda Reyes Aff iant NOTARY ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X on this date, M-) —, before me, the undersigned Notary Public personally appeared Javier Adalberto aIda Reyes and provided satisfactory evidence of identification through Texas Ddver License to be the person whose name is signed on the preceding document, and swore under the penalty of per ury that the foregoing statements are true. bawazw% WM7_rWV L J. Z7-111 NIKUL ARVINDBHAI PATEL FF. Nlrjzaty Public, State of Texas::: < Con -irnEx . pires 1-1 1 -s Notary Public, In and For the State of Texas OF Notain, ID 131'%]"76376 (SEAL and signature) File PZ2023-97: To consider a request for a Special Exception to waive off-street parking and loading requirements for a carpentry shop. Applicant: Javier RaIda Location: 1009 Orange Avenue 0 100 200 1 1 1 1 Feet DATE: April 6'%OZ3 TO: Board ofAdjustment FROM: Adina Josey, Senior Planner SUBJ E CT: To co ns iderarequest foraVa ria nce to the min I mu. mrear Ya rd setba ckreqL]ire me nt fore FILE: PI2023'114 Israel Mendiola Jr. is requesting a Variance for the property located at 5495 Greenbriar Ln. The property is zoned Residential Single -Family (R-S) and therefore requires o rear yard setback of ZS' for a main stmcture. The applicant is requesting the rear yard setback to be reduced f rorn 250 to 3.641. Anappraiser for thehomediscovered thevewas anadd YUoncompletedvvithuutthebenefhofaVadance somedmzphorto2OC8. Staff does have record ofoVar|anosbe|ng f iled bytheU.S.DepartmenLofHous]ng and Urban Development (HUD)lnOctober Z003. They requested Variances for O"into the 5'm\niNumside setback and 22'2"into the ` mlnimumrear setbacktoaccommodate existing encroachments. The Board approved the Variance to the side setback, but denied the Variance for the rear setback. |nMarch ofZO2Z, Mr. Mendiola requested the Variance to the rear setback a second time. Staff reports and Certifications for the October 2,7DO3and March 3,2O2Zmeetings are attached. Mr. yWendio|aJr. has been unable tosell the home causing him financial hardship,which was not previously allowable for consideration. Lenders will not grant a horne loan for the house due to the existing rear yard encroachrnent, as It was never granted approval. In addition, a recent appraisal states,"Va\uai|onissub]ect toattaining aZoning VaManoaand oon�rma�W� onthattheauecta|eQa\non'conform\ngimprovemenL^As discussedprev|ously)the Texas Local Government Code 2l1.009states, " .. the board may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship: (1) the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to theassessor for the muoidpaUtyunder Section 26.01 Tax Coft"JeffersonCen1raIAppra\sa|District Uststhe property's assessed value as$2O5,293.QO. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: � ��t���W� i��eVa�� n�Un��������N� epu1n��� B'' That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrownes� shallowness., shape topography or other extraordinary or exceptional phvsca -|s�uadonorhardsh\pphysIca \ con d0onuniquetothesped�cpiece ofprope�yin question. "Unnecessaryhardsh\u°shaUmeenpbvsicaihardsh\prc1atingtotheprope�y�seUaa distinguished from ohardship relating toconvenieno� financial considerations orcaprice, and the hardship must not result from the applicant orowner's actions; and C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to propeity owners 27 Responses in Favor Responses in opposition LEGAL DESCRIPTION Being Lot 2-0, Block I of thM01 e Briar Creek Section I Addition, BeaU1tj Jefferson County, Texas.. containing 0.265 acres., more or less. GENERAL INFORMATION PUBLIC UTILITIES APPLICANT: Israel Mendiola Jr. -PROPERTY OWNER: MENDIOL-A ISRAEL JR & LAURA L -LOCATION, 5495 Greenbriar Ln EXISTING zONING: R-S (Residential Single-Farnily) PROPERTY SIZE: r-0.2-65 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) LAST: Residential R-S SOUTH: Residential R-S WEST, Residential R-S COMPREHENSIVE PLAN: Stable Area STREETS", Greenbriar Ln - Cul-de-sac with a 901 right-of-way and 691 pavement width -DRAINAGE: Curb and gutter WATER; ." water lire SANITARY SEWER SERVICE: 6 ;f sanitary sewer lire PROPERTY OWNER NOTICES SENT WITHIN 00' BEATTY GLEN M BERRY L10NELJOSEPH BOURDIER JOYCE H DAVIDSON GAY FAIRLY PATRICIA HG2 LP HUDA AMIN & GULZAR K&M REGENCY PLACE LP KNOBLOCH HENRY GUY JR LARAMORE CHRIS7Y L LAVERGNE JOHN E & ANGELA M LEBLA{VC EMMA MANESS INVESTMENT PROPERTIES LLC MASTERS BILLY GENE MENDIOlA ISRAELJR & LAURA L MILLER VICTORIA MQORE GERMAINE ANDREW NARCiSSE PAUL PNILLIPS CATHRYN B REDb OSCAR E & DEXTERLENE REbMON BEVERLY ROGERS VII.NA STOUGH CFIARLENE (LIFE ESTATE) TRUONG NU WALL GREGQRY M $c LfNDA F WILLIAMS BONNIE L ZHOU HONG BE AV M C3 SIT Planning & Community Development Case Type:Planning and Zoning case status: PAY FEES Case Sub Type: Variance Tag Larne: Variance for exsisting structure Case #: PZ2023-114 Initiated On: 317/2023 8:24:02AM Location: 5495 GREENBRIAR LN, BEAUMONT, 77706 Individuals listed on the record: Applicant Israel Mendiola Jr. - 5495 Greenbriar Ln Beaumont, TX 77706 Agent Tim Williams 6310 Delaware St. Beaumont, TX 77706 Home Phone, Work Phone: Cell Phone: 8034098007 E-Mail: MendiolagO@a0l.con) Home Phone: Work Phone: Cell Phone: 4094447555 E-Mail: Tlmwillsellniyhouse-@KW.com Property Owner Israel Mendiola Jr. Home Phone, 5495 Greenbriar Ln Work Phone: Beaumont, TX 77706 Cell Phone: 8034098007 E-Mail: Mendiola9C@aol.com Type of Variance: Variance Legal Description That the granting of the variance will The granting of the variance would have no effect and does not not he contrary to the public interest encroach or infringe on any neighboring residential properties. That literal enforcement of the The literal enforcement of the ordinance would not impose any ordinance will result in unnecessary unnecessary hardship to any neighbors. hardship That by granting the variance, the The granting of the variance would have no effect, nor would it serve spirit oef the ordinance will be observed to create a situation where any neighbor's quality of life property and substantial justice will be done value, or peaceful co -existing would he negatively affected. No tes: Page 1 of Case Type: Planning and . Zoning I Printed On: 3/1412023 Case #: PZ2023-114 Letter for Variance for property at 5495 Greenbriar Ln, Beauiiiont, Texas 77706 City of Beaumont Planning Division 801 Main Street, Ste. 210 Beaumont, Texas 77701 (March 6, 2023) Dear Planning & Zoning Members, We respectfully request a variance for our single-family home at (5495 Greenbriar Ln. Beaumont, Texas 77706). The existing structure in the back is over the rear setback line. To our knowledge, this existing structure has been in place since 2004. When we purchased the property -in 2CI6, the.appraiserand title company seem to feel that it was not an issue, however the new appraiser saw the survey that we had when we purchased the home and would not allover LIS to sell the property without a variance. The variance that we are requesting is only for the existing structure. We do not wish to build any other structures over the rear setback line. I have attached a copy of the survey for our property at 5495 Greenbriar Ln. (LOT 0BLOCK 1 of Briar Creek Subdivision Section 1) dated December 16, 2015, The granting of the variance would have no effect and 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 -existing would be negatively affected. Thank you for your consideration, Sincerely, Israel Mendiola Jr. Property Owner CURVE MUIUti AKC; LtMilh I UnUNU L-r-l'tuln ULMINIPIV L.PL_U1r-1 rvlvL.. F-ND C1 ' 45.00E 33.02t S23'48'WE 43'02'31 P' CALL O1 45,OD" 33.87' 33.07' 43'07'17" SC" 1 Jj=20' 10" HACKBERRY TREE —BEARS S44!13'58'"E 0,56' VO '26') vol 15 CALCULATED CORNER UNABLE TO - LO 6 FIND OR SET CORNER DUE TO jo-m (CALL NOZ34rV; 135.79 FIND N02034126W .79' 4 r- �'_ FN D 5/8 1 c3 1. ROD HACKBERRY TREE I I W_ LO C) i'E LLj LJJ Z Lj C3 L5 F- C:) C) jk� MVL C:) cy- (9 LLI n C:> CD L2_ 3� > 0 L'L: Cr < En D (D Z n U) z 9 LLJ C U) z to LLI CL D—_ C) E_ 65 5 En L'i 0 b 0 0 th L11 � I- <(nU CL LLI — tn 0- LjLj alt C) U B u M Ld:� CL Z _j (D < < e 0 0 La] Z (je) C) M -%4 or 0 W IJLI W0v)v)X(/)W �-- T I— _j z U) LLI --I CI- E z 1�:_E_: Im- < pi C!) a ce 53 a fA Ld DD 0 LA_ Z) tk! 12 5 a- U3 0 0_LAJ Ct, LL_ fy Lij �]E OL 0 CL U M LO tic :z 0 rk� Q C) 0 in 'LLJ! 0 a: .1> < Z � W L'i ch 0 F F v 0.50 LOT 20 -5 BLOCK I C3 rk� C3 C3 25' REAR BLDG. SETBACK — — — — — — — F6 V. 1 bb:� 4C—Tfb 1 OPRJC C-4 CD Ck- C; 'k IV 9r* C�p Ld BRICK & FRAIE LU Z RFSIDENCE 6c En 'CO4 M 0 00 :z z AC ELEC. WIR, I Z LL 40 4.75' 5' SIDE SEUTRACK 10 FC NO. 100-0-1201 GPRJC C0 1 N15' BLDG. SETBACK - 00 & UTILITY EASEMENT PER PLAT PROTRUSION NOTE; (D RESIDENCE PROTRUDES 21.36' ONTO A 25' REAR SETBACK LINE. 0 RESIDENCE PROTRUDES 0.25' ONTO A 5' SIDE SETBACK LINE, NOTE; SERVICE, OU GROUND ELECTRIC SERVICE OF U EXACT LOCATION OF UNDER tELECTRIG UN10:0WN. TO THE LEINHOLIDERS AND THE OWNERS OF THE PREMISES SURVEYED AND TO THE FIRST AMERICAN TITLE INSURANCE COMPANY. THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS TfilS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS CORRECT, AND WAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY UNE CONFLICTS, ENCROACH M ENTS, OVER —LAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHTS —OF —WAY EXCEPT AS SHOWN HEREON, AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY, ALL EkSEMENTS SHOWN AND NOTEO PER TEXAS REGIONAL TITLE G.F. No, 19757—MR -ddkkb.- DATE SURVEYED: -DECEMOER j6,2015 Cj%STt, THOMAS S. ROWE 0 0 0 a 0 P . k 4 d d a 0 P 0 % v * 4 .2 0 a 572 % TH01MAS S. ROVIE — REGISTEREO PROFESSIONAL L MARK W. WHrrEICE' Y AIND ASSOCIATES INCORPORATED WLING ENGUMM, COC' SURVEY ORS, AND PUMMS T,B,P.L8- FM NO. 101067000 M\2D15\15-1453\15-1453.1] R No. 5728 P. 0, B" 6492 BEAU, ONT. TEW 77726-5492 409-692-G421 3250 MM FRWY. DFA1 ON'T, TEXAS 77703 (FA 409-892-1346 00.00op— FND 1/2v tA 1. ROD FND 5/8" ELEC. 1. 0-,-'-�PEDESTAL ILIGI-9 POLE ROD7GREENBRIAR 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, Tex -as, cis the some appears upon the map or plot thereof, on file and of record in Volume 14, Page 15B, Map Records of Jefferson County, Texas. Owner; Israel Mendiola, Jr. & Laura L. Mendiola Census. 3.OB In accordance with the Flood Hazard Boundary Map, Department of Housing and Urban Development. Community No.: 485457 Panel No.: 0035 C Date of FIRM: B-6-02 Thin property lies in Zone "X' (white). Location on map determined by scale on map. Actual field elevation not. determined. z Mark V1, Whiteley and Associates does not warront nor subscribe to the accuracy or scale of said maps. I cn Zone 'X' (white) are areas determined to be outside 500—year flood plain. Ln 2015 York W. llhitehy & Associates, inc. Tip .'5 dociom-ent, io.T on initniment of protess'onol serv,ce, is the grope-rty _t �Ii U d of vark ye Kiite,�y & Associates. Pric. ord is riot to be used, reproduced, coped or d-Udbuted, in kFho!-z or port h,'fhauf the virkfen authmzation of York $X & As-soc-'Otes, Mc- File PZ2023-114: To consider a request for a Variance to the minimunn rear yard setback requirement for a house. Applicant: Israel Mendiola Jr. Location: 5495 Greenbrier Lane DATE: April 6,2023 TO: Board ofAdjustment FROM: Adina Josey, Senior Planner SUBJECT: Toconsider a request for aVariance to the minimumfront and rear yard setback requirements for ahouse. qTAFFRFPORT ]W Turner Construction, Ltd., is requesting a Variance for the property located at2550Brooklyn Street. The property iszoned Residential Single -Family (R-S) and therefore requires a front yard setback of2-7and arear yard setback of2S/. The applicant is requesting the front yard be reduced to 1.6' and the rear yard be reduced toS/. This wUibe anew home provided through the Texas General Land Office Homeowners Assistance Program for disaster recovery. The available lot is 53.1" wide, but only 49.6' deep, and the proposed house will be 281 wide by43'deep. Newly platted lots are required tobeaminimumofSdvv|debv1OO^deep. The applicant states that the extreme shallowness of this lot creates a hardship. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met AJ That the granting ofthe Variance will not becontrary tothe public interest; B' That literal enforcement ofthe ordinance vvUz will inunnecessary hanjshipbecausecd exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional pbvs�ca|sbua�onorh�ndsh|pphvsicaicond��onunjquetothespec|�cpieceofprope�yin ' h < hardship | t\ � ih property itself as question. "Unneceosaryhardsh)o~�haUnne�np physical ren� o a e distinguished from o hardship relating to convenience., financial considerations or caprice., and the hardship mustnot result fromthe applicant orowner'sactions; and C) That by granting the Variance, the spirit of the ordinance will be observed and substantla I justice will bedone. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 - Responses in Favor . Responses in opposition LEGAL DESCRIPTION Being the north S2�x49' of Lot Q,Block �Arlington Addition., Beaumont, Jefferson County, Texas., containing WEST: Residential ]VVT[]VVTurner [onstruction,Ltd. Jesus[enge1as 2S5DBrooklyn Street RN1'H (Residential K4ub|pie'Famik/ Dwelling — Highest Density) ~O.OS8acres more orless Residential X—A/eadeterminedtobeoutsidetheSOD' yearf|oodpla|n ZONING:SURROUNDING RW4-H (Residential Multip\e-Farni\yDwelling —Highest Density) RKq-M Stable Area — Local street with o8O`hght+zf-wayand 2O`pavement width. Open ditch Accessed through neighboring properLytoa12"water line 6"sanitary sewer line PROPERTY owNER NOTICES E1 T WITHIN 2001 ALVAREZ MARIO HERNANDE ANTINE GWEN HARRIS BARBER CIARLIE BST! GEORGE & WNDA C RLIN EDWARD & U SEL CE DEJAS JESUS GAONA D I ANTES FRANCISCO & ALMA GAO NA JESUS CENDEJAS ILLRY DAVID HACIENDA SERViCES INC JEFFERS N MARION & V' ILLIE III JfES 1DA JEAN NIHTCN VILLIE JR &. LE1IELL GERALDINE MCCBEVELY MO RE RACC RI TE 4ESIE PRICE ESS1E PURDY RICHARD & LINDA ACHITANO ANN BEAuM O NT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Variance Request -Building Setbacks Case #: PZ2023-123 Initiated On: 3/1 312023 5-24:OOPM Location: 2550 BROOKLYN ST, BEAUMONT, 77701 Individuals listed on the record: Applicant JWTC JW Turner Construction, Ltd. 14215 Mary Jane Lane Tomball, TX 77377 Agent JWTG JW Turner Construction, Ltd. 14215 Mary Jane Lane Tomball, TX 77377 Property Owner Jesus Gendejas 2550 Brooklyn St Beaumont, TX 77701 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: Home Phone. 409-853-4002 Work Phone: Cell Phone, 409-853-4002 E-Mail- beau mont.admin@jwtc, net Home Phone: 409-853-4002 Work Phone: Cell Phone: E-Mail: beaurnont.adrnin@jwtc.net Hu me Phone: (40 9) 9 32-4101 Work Phone* Cell Phone: E-Mail: Variance ARLINGTON N52.5'X491 OF LT C BLK 33 The proposed placement of the new home should not negatively affect the look of the neighberhood as all houses on Brooklyn Street within the vicinity of this home, are set at various distances from the right of way. This newly reconstructed home will most definitely result in a positive impact on the homeowner's community. This property has been approved by the Texas General Land Office Homeowner Assistance Program for disaster recovery reconstruction This storm -damaged home (to be reconstructed) is situated on a lot that is 53.1'wide by 49.6' deep. The proposed house plan is 28.01 wide by 43.0' long. The new home can be situated on the lot to meet the 5' side setbacks, however, the rear setback would be 5' from the property line and the front setback would be 1.6'frorn the front property line, which is 29.8' from the edge of right of way on Brooklyn Street. This newly reconstructed home will most definitely result in a positive impact on the homeowner's wellbeing . Our proposed site plan includes variances on the front and rear setbacks, while still respecting both left and right side build lines. Case Type: Planri[iig and Zoning Case #: PZ2023-123 Page I of 1 Printed On: 3/1412023 March 13, 2023 City of Beaumont Beaumont Board of Adjustment Re: Setback Variance — 2550 Brooklyn St, Beaumont (Homeowner — Jesus Cendejas) To Beaumont Board of Adjustment, This property has been approved by the Texas General Land Office Homeowner Assistance Program for disaster recover reconstruction, This storm -damaged home to be reconstructed) is situated on a lot that is 53.1'wide by 49.6' deep, The proposed house plan is 28.0'wide by 43.01 long. The new home can be situated on the lot to meet the 5' side setbacks, however, the rear setback would be 5from the property line and the front setback would be 1.6' from the front property line, which is 29.8'frorn the edge of right of way on Brooklyn Street. This roposed placement should not negatively affect the look of the neighborhood as all houses on p Brooklyn Street, within a few blocks of this home, are set at various distances from the right of way. This newly reconstructed home will most definitely result in a positive impact on the homeowner's wellbeing, as well as a positive impact on his community. Our proposed site plan includes variances on the front and rear setbacks, while still respecting both left and riW ght side build lines. e are requesting a variance on the 15' city defined rear setback and 25'front setback to reconstruct this storm damaged home for Mr. Cend ej as a n d the Texas General Land Office. Sincerely, Katrina Randazzo l~ trrn yiwt aret 3113 Highway 69; Nederland, TX 77627 Corporate: 142-15 Mary Jane Lane; Tomball, TX 77377 Phone: 1-800-483-9333 Fax, 291-290-9511 www.iwtc.net maw INONnv3a/awi�jmi N—N OliON81SNOD—JUAr '!)—IbYA *m 03AMHO xx xxxx XX/XX/XX 8 s3ivis z 1 A&f rildr IM N, ;.W.OJ3�j LJOJ I C�m 6 0 0 DIDCI CJDiINn WRL Xl,-LNownv32 '-LS NkNOOHO 099Z OZOZ/6i/I '-3-LVO SNOISLA74V C: E o �3 0 Ln 0 Ul CL e E jr- 0— .0 cx a 0 Li- V) LO File PZ2023-123: To consider a request for a Variance to the minimum front and rear yard etback requirements for a house. Applicant: JWTC, JW Turner Construction, Ltd. Location: 2550 Brooklyn Street