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Home My WebLink AboutPZ2023-114DATE: April 6,ZO2] TO: Board ofAdjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum rear yard setback requirement for a house. FILE: PZ2023'114 bnae|Mend iolaJcbrequestingnVahancefor the propertyI ocatedstS49SGreenbharLn. Thepro peuyis zoned Residential Single -Family /R-S and therefore requires a rear yard setback of2!7 fora main structuna. The applicant is requesting the rear yard setback to be reduced from 25" to 3.64'. An appraiser for the home discovered there was an addition completed without the benefit of a Variance sometime prior toZ003. Staff does have record ofaVariance being filed bythe U.S.Department ofHousing and Urban Development (HUO)inOctober 2O83. They requested Variances for 6"into the 5"minimum side setback and 22"2"' into the minimum rear setback to accommodate existing encroachments. The Board approved the Variance to the side setback, but denied the Variance for the rear setback. |nMarch of2O22, Mr. Mendiola requested the Variance to the rear setback a second time. Staff reports and Certifications for the October 2'2003and March 3,2O22meetings are attached. Mr. Mendiola Jr. has been unable to sell the home causing him financial, hardship, which was not previously allowable for consideration. Lenders will not grant ehome loan for the house due tothe existing rear yard encroachment, asitwas never granted approval. |naddition, arecent appraisal states, "Va\uationissubject toatta|ningaZoningVarianceandoonDrmationthattheaub\edisa|ega|non-confonningimprove ment.°As discussed previously, the Texas Local Government Code 211.009 states, " . . . 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 theossessorforthemun\oTpaU\yunder Tax "]efferson[entra|Appraisa|District lists the property's assessed value as$2OS,Z93.00. 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; 8) 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 tothe specific piece of property in question. "Unnecessary handshio" shaU mean physicaI hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not resu|tfrom the applicant orowner's actions; and [} That by granting the Variance,, the spirit of the ordinance will be observed and substantial justice Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners _27__ Responses inFavor Responses \nOpposition _____. LEGAL DESCRIPTION Being Lot 20, Block 1 of the Briar Creek Section 1 Addition, Beaumont, Jefferson County, Texas' containing O.265acres, more orless. GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT', Israel N4endiolaJr. OWNER,PROPERTY W1END|OLA|SRAEL]R&LAURAL S495G b� 1�]�/AR{}�� Greenbriar Ln ZONING -EXISTING R-S(ResNentia| Single -Family) PROPERTY SIZF: "O.Z65acres more orless USES:EXISTING LAND Residential FLOOD HAZARD E X—Areadetenninedtobeouts|detheSOO' SURROUNDING =LAND USES* NORTH, Residential EAST Residential SOUTH: Residential WEST: Residential COMPRFHFNSIVE PLAN: year flood plain -SURROUNDING ZONING6 R- (Residential Single -Family) Stable Area [u(-desacwith e9O'dght-of+wayand 69' pavement width Curb and gutter WATER: " water lire SANITARY SEWER SERVICE: 6 " sanitary sewer litre P RO PEI TY OWNER NOTICES SENT WITH N 200' BEATTY GLEN M BERRY LION EL JOSEPH BURDIER JYCE H DAVIDSON GAY I=AIRLEY PATRICIA HG2 LP HUDA AMIN & GUL AR K&M REGENCY PLACE LP KNOBL CH HENRY GUY JR LARAMRE CHRISTY L LAVERGNE J HN E & ANGELA M LEBLANC EMMA MANESS INVESTMENT PROPERTIES LLC MASTERS BILLY GENE MENDILA ISRAEL JR & LAURA L MILLER VICTORIA MOORE GERMAINE ANDEIi NARCISSE PALL P I I I LLI PS CATHRYN B REDD OSCAR E & DETERLEN E REDM N BEVERLY RIDGE S VILNA STOUGH CHARLEf E (LIFE ESTATE) TRUNG NU MALL G R EG RY M & LI N A F WILLIAMS BONNIE L H U HO G BEAUMONT Planning & Community Development Case Type: Planning and Zoning Case Sub Type: Variance Case #: PZ2023-114 Location: 5495 GREENBRIAR LK 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 Property Owner Israel Mendiola Jr. 5495 Greenbriar Ln Beaumont, TX 77706 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 Case Status: PAY FEES Tag Name: Variance for exsisting structure Initiated On: 317/2023 8-24:02AM Home Phone: Work Phone: Cell Phone: 8034098007 E-Mail: Mendiola 9O@aol.coni Home Phone: Work Phone: Cell Phone- 4094447555 E-Mail: Tiniwillselliiiyhouse@I<W.com Home Phone, Work Phone: Cell Phone- 8034098007 E-Mail: Mendiola96 @aol.coni The granting of the variance would have no effect and does not encroach or infringe on any neighboring residential properties. The literal enforcement of the ordinance would not impose any unnecessary hardship to any neighbors. The granting of the variance would have no effect, nor would it serve to create a situation where any neighbor's quality of life, propeily value, or peaceful co -existing would be negatively affected. Case Type- Planning and Zoning Page I of 1 Case M PZ2023-114 Printed On. 3/14/2023 Letter for Variance for property at 5496 Greenbriar Ln, Beaumont, 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 2016, the appraiser and 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 allow us 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 BLOCK I 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 RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE FND C1 45.00` 33.80' 33.02' S23'48'00*E 43*02'31 R CALL C1 45.00" 33.87' 33.07' 43'0 P 7 m 10" HACKBERRY TREE BEARS S4413'58"E 0.56' \91 CALCULATIED CORNER UNABLE TO (CALL N026,34'25"W 13539') U') Lr c c; N34'26 FIND OR SET CORNER DUE TO 10" FND 020"W 135.79' HACKBERRY TREE W W (� FEW Uj F M Ln < U) Q� C2 Q_ CS C3 C'. < :z LL i�: Q C) C6 U) < Ljj Ef) Ld Ck m LC3j LOL k z LL C) gi Q 0 F - Lj C) C W CL Ld < Q C) [3 n CD 1 =:) Qf Cl V) W U) C) < < C) C) 0 M C� LL) C1 Ld ;> w 0 c2 u) PE (n tij < C5 M af 12 ;K W co C) > W LL- :D C> _j C> LL1 tA LL 01'_ U) re- CL In FUj [I-CYU_ 0C) a- 0 L) X 0 Z Ed W < 0 6 W 0 a: Uj < :::IC Q LL] LLI eff LOT 20 BLOCK 1 SCALE 1 =20 LO �11 6 FND 5/8 1. ROD litCAM 00C)L r 0 nCL j 25' REAR BLDG. SEIBACK - 2: ' ' ' '' in — "% FC NO. 100-48-1201 1 �! OPRJC ros I BRICK & FRAME RESIDENCE 0 Ar- ELEC. MTR. J.A v) 5' SIDE SETBACK — FC ND. 100-48-1201 OPRJC N �9 15' BLDG. SETBACK & UTILITY EASEMENT PER PLAT PROTRUSION NOTE. CC, RESIDENCE PROTRUDES 21.36' ONTO A 25' REAR SETBACK LINE. 2) RE&DENCE PROTRUDES 0.25' ONTO A 5' SIDE SETBACK LINE. GROUND ELECTRIC SERVICE, T EXACLOCATION OF UNDERGROUND ELECTRIC UN ' I KNOWN. TO THE LEINHOLDERS AND THE OVINERS 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 LINE CONFLICTS. ENCROACHMENTS, 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 EASEMENTS SHOWN AND NOTED PER TEXAS REGIONAL TITLE G.F. No. 19757—MR DATE SURVEYED: DECEMSER 16, 2015 S Tt. % V J <Z� THOMAS S. ROWE 5728 .0 SSNO _M THOMAS S. ROVIE - REGISTERED PROFESSIONAL LA �EYOR Na. 5728 MARK W. WHITELEY AND ASSOCIATES K A 1q 1 INCORPORATED c c NRLTU?G ENGUIEM, SURVEYORS, AND PUMBS T "v . P.L' .B.P.LS. FIRM NO. 10IN7000 W:\2015\ 1 5-1453\ 1 5-1453.DWC, P. O. BOX 5492 BFUUMONT, TEXAS 77726-5492 409-892-0421 3250 W-M FRWY. BEAUMONT, TEXAS 77703 (FAX) 409-892-1346 C) CD C! C> C> Uj mr- M LLj _j z LLJ rk� Z LLI LL or_ 4.75" 1 N-0 o I FND 1/2" I. ROD I FND 5/8' ELEC. 1ROD PEDESTAL LIGHT :;'POLE .7GREENBRIAR LANE (50' ROW) 5495 GREENBRIAR LANE BEAUMONT, TX 77706 Lot Number Twenty (20) in Block -Number One (1) of BRIAR CREEK SUBDIVISION SECTION ONE, cn Addition to the City of Beoumont, Jefferson County, Texas, os the some appears upon the map or plot thereof, on file and of record in Volume 14, Page 158, Map Records of Jefferson County, Texas. Owner; Israel Mendiola, Jr. & Loura L. Mendiola Census: 3.08 In accordance with the Flood Hozard Boundary Mop, Deportment of Housing and Urban Development. Community No.: 485457 Panel No.: 0035 C Date of FIRM : 8-6-02 This property lies in Zone "X" (white). Location on map determined by scale on map. Actual field elevation not determined. Mark W. Whiteley and Associates does not worrant nor subscribe to the accuracy or scale of said maps. Zone "X' (white) are oTeas deter -mined to be outside 500—year flood plain. 9 2015 Mork W. ft.'te' 'ey & Assootoles, Inc- Th.'s dacumnil, as an instrummt or profe;s.'orm sirv:ce, is ffe prop'e-rty of Vork W. Rh;tn'ey & kssodar,-3, Inc. and is not to be used, rwoduced, cop'td or d.'sWbuted, in )Fho!t or port ik:thouf the %filler nuthor;zatAm of York W. Ahit&!ey & Asso6ntes, Inc. File P 1 114. To consider a request for a Variance to the minimum rear yard setback requirement for a house. Applicant: Israel Mends la Jr. Location: 5495 Greenbriar Lame 100 20 Feet x - =do 107i Ly d 15 IR. 1.)4 4PRrS-, ,. 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