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HomeMy WebLinkAboutJuly 2023 BOA Packet*AGENDA* BOARD OF ADJUSTMENT July G, 2023 City Council Chambers, City Hal 801 Main Street, Beaumont, Texas Public Hearing 3:00 p.m. The meeting will also be broadcasted on the City's YouTube channel: https://www.youtube.com/channel/UCnY6nNk8zfXZulMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the meeting held June 1, 2023. SWEARING IN OF WITNESSES UBLIC HEARING 1) File PZ2023-230: To consider a request for a Variance to the perimeter landscaping requirements. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: 6010-6120 Muela Creek Drive 2) File PZ2023-253: To consider a request for a Special Exception to reduce off-street parking requirements. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: 6010-6120 Muela Creek Drive 3) File PZ2023-255: To consider a request for a Variance to the minimum front yard setback requirements for a house. Applicant: Jennifer Smith Location: 2375 Irving Avenue OTHER BUSINESS ADJOURN Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 409-880-3777. MINUTES* BOARD OF ADJUSTMENT June, 2023 Council Chambers, City Hall, 801 Maim Street, Beaumont, Texas A meeting of the Board of Adjustment was held on June 1, 2023 and called to order at 3:01 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard *arrived at 3:02 p.m. Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Alternate Board Member Christy Amuny Alternate Board Member Chris Jones Also present: Adina Josey, Senior Planner Tom Duesler, Senior Assistant City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Rowe moved to approve the minutes of the May 4, 2023 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:02 p.m. PUBLIC HEARING 1.) File PZ2023-182: To consider a request for a Variance to the minimum side yard and rear yard setback requirements for a house. Applicant: Jennifer Smith Location: 2375 Irving Avenue Mrs. Josey presented the staff report. Jennifer Smith of Tegrity Homes, L.L.C., is requesting Variances for the property located at 2375 Irving Avenue. The property is zoned RM-H (Residential Multiple -Family Dwelling — Highest Density) and requires a minimum rear setback BOARD OF ADJUSTMENT June 1, 2023 of 15', interior side yard setback of 7.5' for a two-story structure and exterior side setback of 10'. The applicant is requesting that rear setback be reduced to 3', the interior side setback be reduced to 3' and the exterior side setback be reduced to 5' for a new house. This will be a new home provided through the Texas General Land Office Homeowners Assistance Program for disaster recovery. The available lot is approximately 50' wide and 62' deep, but the proposed house will face the side street as does the existing house which it will replace. The applicant states that the lot is extremely small, creating a hardship. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been meta A) That 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 other 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 C) 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. Thirty-six (36) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Brief discussion followed concerning the specifics of the request. The applicant was present. Todd Dewalt, Director of Construction at Tegrity Homes, L.L.C., 28310 Hollow Springs Lane, Spring, TX addressed the Board. He stated that they are looking to stay within the original footprint of the home as much as possible, but have given some additional leeway and that they will not go past the property line. Further discussion followed concerning the porch landing. Board Member Hillard moved to approve the request for a Variance to the minimum side yard and rear yard setback requirements for a house as follows: the rear setback on the boundary of the lot opposite Stanton Street is reduced to 3', the interior side setback on the boundary of the lot opposite Irving Street, is reduced to 3', and the exterior side setback on the boundary of the lot along Irving Street is reduced to 5', as requested in File PZ2023-182. Board Member Beaver seconded the motion. A roll call vote was taken. Chairman Timaeus- Aye, Board Member Beaver- Aye, Board N BOARD OF ADJUSTMENT June 1, 2023 Member Hilliard- Aye, Board Member Rowe- Aye, Board Member Sorrell- Aye. The motion to approve the request carried 5:0. 2) File PZ2023-200: To consider a request for a Variance to the minimum front yard setback requirements for a carport Applicant: Calvin H. Cooper Location: 5775 Sunbird Lane Mrs. Josey presented the staff report. Calvin H. Cooper is requesting a Variance for the property located at 5775 Sunbird Lane. He 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, Mr. Cooper, however, has an existing garage. The property is zoned RS (Residential Single - Family Dwelling) and therefore requires a 25' building setback from the front property line. The applicant requests the required setback to be reduced from 25' to 1' to allow the carport. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That 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 other 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 C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property, site plan and neighboring property were shown. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and or in opposition. The applicant was present. Calvin H. Cooper, 5775 Sunbird Lane, Beaumont, Texas addressed the Board. He stated that he wanted to add a carport for convenience and requested approval. Discussion followed concerning the specifies of the request. Board Member Beaver moved to approve the request for a Variance to the minimum front yard setback requirements for a carport; as requested in File PZ2023-200. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus- Nay, Board Member Beaver - Aye, Board Member Hilliard- Aye, Board Member Rowe- Nay, Board Member Sorrell- Aye. The BOARD OF ADJUSTMENT June 1, 2023 motion to approve the request failed 3:2. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:26 P.M. DATE: July 6, 2023 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the perimeter landscaping requirements. FILE: PZ2023-230 STAFF REPORT Aaron Ward of Faust Engineering and Surveying, Inc., is requesting a Variance for the property located at 6010-6120 Muela Creek Drive. This property backs up to an existing apartment complex. Property to the east was granted a similar Variance in 2017. Along the south edge of the multi -family property there is a twenty (20) foot wide Entergy easement. This easement contains overhead power lines. Trees are not allowed within thirty (30) feet of overhead power lines, so would not be allowed in the landscaped buffer. The Variance, if granted, would be for the ten (10) foot wide grassed strip along the property line. The apartment complex has placed a fence on the north side of the Entergy easement and left the easement overgrown. Parking would be added in place of the landscaped buffer. Public Works states that the concrete would need to be jointed at the edge of the easement, but they are not opposed to parking in the easement. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That 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 other 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 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 14 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lots 3-7, Old Dowlen Business Park, Section Two, Beaumont, Jefferson County, Texas, containing 2.35 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Aaron Ward of Faust Engineering and Surveying, Inc. PROPERTY OWNER: Melanie Creek Investment, L.L.C. LOCATION: 6010-6120 Muela Creek Drive EXISTING ZONING: GC -MD (General Commercial — Multiple -Family Dwelling) PROPERTY SIZE: —2.35 acres EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X—Area determined to be outside the 500- year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Multi -Family RM-H (Residential Multiple -Family Dwelling — Highest Density) EAST: Commercial GC -MD (General Commercial — Multiple -Family Dwelling) SOUTH: Commercial GC -MD WEST: Daycare GC -MD COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Muela Creek Drive — Local Street with a 60' right-of-way and 36' pavement width. DRAINAGE: Curb and gutter WATER: 10" water line SANITARY SEWER SERVICE: 12" sanitary sewer line RTY OWNER NOTICES SENT WITHIN 200' BL & S REALTY LLC C ARDEN INVESTMENTS LLC DKC PROPERTIES LLC KOHL'S ILLINOIS INC ORCHID PROPERTIES GROUP LLC POINTE APTS BEAUMONT LLC PRSG PROPERTIES LLC RANCHO DOWLEN LLC RIPPEON PROPERTIES LTD RIPPEON PROPERTIES LTD RIPPEON PROPERTIES LTD UDI PROPERTY UDI PROPERTY UDI PROPERTY BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Variance for Lots in Old Dowlen Business Case #: PZ2023-230 Park (Muela Greek) Location: 6080 MUELA CREEK DR, BEAUMONT, 77708 Initiated On: 5/24/2023 10:53:50AM Individuals fisted on the record: Applicant Aaron Ward Home Phone. 409-813-3410 5550 Eastex Freeway, Suite O Work Phone: Beaumont, TX 77708 Cell Phone: 409-813-3410 E-Mail: aaron@fausteng.com Agent Aaron Ward Home Phone: 409-813-3410 5550 Eastex Freeway, Suite O Work Phone: Beaumont, TX 77708 Cell Phone: 409-813-3410 E-Mail: aaron@fausteng.com Property Owner Melanie Creek Investment, LLC Home Phone: 4092250256 3132 W Lucas Work Phone: Beaumont, Tx 77706 Cell Phone: E-Mail: rami1979@aol.com Legal Description Lots 3-5 of Old Dowlen Business Park Phase one Lots 6-7 of Old Dowlen Business Park Section Two Type of Variance: Variance That the granting of the variance will The properly is adjacent to a 10 acre apartment project. There are not be contrary to the public interest overhead power lines located along the property line and this area is overgrown. The client is asking for a variance to the 10 foot buffer required along the north line of the property since a 20 foot buffer was created by the easement and trees are not allowed within 30 feet of the outermost electrical line. The client will place an opaque fence along the property. That literal enforcement of the There exists a 20 foot Entergy easement adjacent to the north line of ordinance will result in unnecessary the property. The 10 foot buffer would reduce the depth of the hardship building or eliminate a row of parking along the north side of the property. The client will install the opaque fence as required in the ordinance. The reduction of 15 parking spaces will not create a hardship for the public. That by granting the variance, the The purpose of this ordinance is to provide a barrier between the spirit of the ordinance will be observed apartment project and the adjacent commercial use. The granting of and substantial justice will be done this variance will still conform to this concept. The properties will be separated by an opaque fence. The space between the apartments and the property line is within a 20 foot Entergy easement and there will be no construction in this area. Case Type: Planning and Zoning Page 1 of 2 Case #: PZ2023-230 Printed On: 6/12/2023 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 S550 Eastex Freeway, Suite O Beaumont, Texas 77708 Surveying Firm Registration No. 100024.00 Engineering Firm Registration No. 4800 ATTACHMENT TO APPLICATION FOR VARIANCE 6010 MUELA CREEK DRIVE BEAUMONT, TEXAS Variance - Screening Buffer The owners of this project are requesting a variance of the requirement for a 10 foot screening buffer adjacent to the north line of the project. The property adjacent to the north line of the project is the Pointe Apartment Complex. This property is zoned RM-H (medium density multiple family dwelling) and is fully developed. Adjacent to the apartment project south line and our project's north line is a 20 foot Entergy easement (Clerk's File No. 20042585 JCOPR) which encompasses overhead electrical power lines. The 10 foot buffer requirements are identified in Section 28.04.06(f)(1) of the City of Beaumont Zoning Ordinance and are identified as follows: Perimeter Landscaping and Screening (1) When a commercial or industrial use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple -family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a ten -foot width of landscaping open space buffer strip shall be installed and maintained by the owner, developer or operator of the commercial or industrial property between it and the adjacent residentially zoned property. 2 In an open space buffer planting strip required under the terms of this section, a minimum of one (1) class A tree or two (2) class B trees shall be planted and maintained for each twenty-five (25) lineal feet or portion thereof of said open space buffer strip. The required trees may be planted anywhere within the buffer strip with a minimum of ten (10) feet apart for class A trees and a minimum of five (5) feet apart for class B trees. Refer to definitions on tree size, 23122 variance letter revised Open Space Buffer Planting Strip In addition, an eight -foot high opaque fence or wall shall be erected and maintained along the property line to provide visual screening. The fence or wall shall be masonry or a wood diagonal, horizontal or vertical stockade type privacy fence, although the framing may be metal." The City of Beaumont Ordinance provides for different planting requirements when overhead power lines are within 30 feet of the outermost power line. The Ordinance states: "If overhead lines are present along the perimeter landscape edge, no trees will be permitted in that perimeter landscape edge. In addition, no trees shall be permitted within a thirty-foot distance from the outermost power line." This section restricts the planting of trees within plant buffers due to overhead electrical lines, thus only allowing shrub planting. Since the opaque fence will shield the shrub planting from the apartment occupants, the 10 foot buffer is not necessary. There will be a 20 foot easement between the apartment project and this project for proper screening. This variance request is to vacate the requirement for the 10 foot screening buffer, but to require the 8 foot opaque fence along the north line of the project. This variance was approved on the project at S910 Muela Creek Drive. A review of the conditions of the variance request is as follows: CONDITION A: The granting of this variance will not be contrary to the public interest. The property is adjacent to a 10 acre apartment project. There are overhead power lines located along the property line and this area is overgrown. The client is asking for a variance to the 10 foot buffer required along the north line of the property since a 20 foot buffer was created by the easement and trees are not allowed within 30 feet of the outermost electrical line. The client will place an opaque fence along the property. CONDITION B: The literal enforcement of the ordinance will result in unnecessary hardship. There exists a 20 foot Entergy easement adjacent to the north line of the property. The 10 foot buffer would reduce the depth of the building or eliminate a row of parking along the north side of the property. The client will install the opaque fence as required in the ordinance. 2 1 P a g e CONDITION C: The spirit of the ordinance will be observed. The purpose of this ordinance is to provide a 'barrier between the apartment project and the adjacent commercial use. The granting of this variance will still conform to this concept. The properties will be separated by an opaque fence. The space between the apartments and the property line is within a 20 foot Entergy easement and there will be no construction in this area. For The Firm, ♦ *f R MMM F. I Richard F. Faust, P.E.%LL%g.5r�C� 1 President `t 3 1 P a g e h S w Q arm&#ga Z bi 176.1 B' II aNNO 313HONOO ,4Z UL o l o 0 J I I 0 w I w z � w YH z i3€x z w a. K U m [p Q Q NA�"'t aa€ � 3�E"Y�€� ip'll i3�v�H ia��8ga I ,i ca z JE Uffl" � I cq 55.00' zl z O 3ARIa 313NONO3 ,91• EXISTING 20, STORM SEWER EASEMENT 77 a Ia I� m O I ID Ff � O W b lQ I> w w U a � W IIp P a w Ld{ U m CT SO ~ I W N IN Z o v p IT — I� W O N I ` > z U' F •1 z I I 55.00' FT 3A]HO 313HONOO ,i z 3Nn NOV813S 30IS ,S _ 183.17' 91 6S g� 6E G i 84186E sssa6E a 8958fiE!S1: LS986E J OPy CQ'1� Y n�n Z —Y � U CZ W ^ M f O �1 n—Q J J 0 oil am Fil PZ2023-230: To consider a request for a Variance to the perimeter landscaping requirements. plicant: Aaron Ward of Faust Engineering and Surveying, Inc. ration: 6010-6120 Muela Creek Drive /A,',rM, 0 100 200 300 1 1 1 1 1 Feet L e e9, lnd! 230 Iry A. Ab- r;l GCmMD AP hac=) MUELA CREEK 4" 4p 1 .7 DATE: July 6, 2023 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Special Exception to reduce off-street parking requirements. FILE: PZ2023-253 STAFF REPORT Aaron Ward of Faust Engineering and Surveying, Inc., is requesting a Special Exception for off-street parking at 6010-6120 Muela Creek Drive. The proposed development would require 165 parking spaces for shard parking in a multi -use shopping center. The requirements for miscellaneous retail (not in a shared shopping center) would be 138 parking spaces. The project design allows for 150 parking spaces. The Zoning Ordinance defines a Special Exception as, "a deviatinnf-orn the i�egttirernents of the zoning o1•dinance, specifically ennnerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the valve and itse of adjacent or- neighboring property or, be contrary to the best public interest. " Section 28.02.005(2)(C) allows a Special Exception, "To ivaive o1• redatce off-street parking and loading requirements when the board finds the same are unrecessat y for the proposed irse of the building or structzwe for i-vhich the special exception regarest applies. " Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 14 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lots 3-7, Old Dowlen Business Park, Section Two, Beaumont, Jefferson County, Texas, containing 2.35 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Multi -Family FAST: Commercial SOUTH: Commercial WEST: Daycare COMPREHENSIVE PLAN: STREETS:. DRAINAGE: WATER: SANITARY SEWER SERVICE: Aaron Ward of Faust Engineering and Surveying, Inc. Melanie Creek Investment, L.L.C. 6010-6120 Muela Creek Drive GC -MD (General Commercial — Multiple -Family Dwelling) —2.35 acres Vacant X—Area determined to be outside the 500ry year flood plain SURROUNDING ZONING: RM-H (Residential Multiple -family Dwelling — Highest Density) GC -MD (General Commercial — Multiple -Family Dwelling) GC -MD GC -MD Neighborhood Growth Unit Muela Creek Drive — Local Street with a 60' right-of-way and 36' pavement width. Curb and gutter 10" water line 12" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BL & S REALTY LLC C ARDEN INVESTMENTS LLC DKC PROPERTIES LLC KOHL'S ILLINOIS INC ORCHID PROPERTIES GROUP LLC POINTE APTS BEAUMONT LLC PRSG PROPERTIES LLC RANCHO DOWLEN LLC RIPPEON PROPERTIES LTD RIPPEON PROPERTIES LTD RIPPEON PROPERTIES LTD UDI PROPERTY UDI PROPERTY UDI PROPERTY BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Special Exception Case #: PZ2023-253 Location: 6010 MUELA CREEK DR, BEAUMONT, 77708 Individuals listed on the record: Applicant Aaron Ward 5550 Eastex Freeway, Suite O Beaumont, TX 77708 Agent Aaron Ward 5550 Eastex Freeway, Suite O Beaumont, TX 77708 Property Owner Melanie Creek Investment, LLC 3132 W Lucas Beaumont, Tx 77706 Case Type: Planning and Zoning Case 4: PZ2023-253 Case Status: REVIEW Tag Name: Special Exception - Parking Initiated On: 6/9/2023 11:38:01AM Home Phone: 409-813-3410 Work Phone: Call Phone: 409-813-3410 E-Mail: aaron@faustong.com Home Phone: 409-813-3410 Work Phone: Cell Phone: 409-813-3410 E-Mail: aaron@fausteng.cam Home Phone: 409-225-0256 Work Phone: Cell Phone: E-Mail: rami1979@aol.com Page 1 of 2 Printed On: 6/13/2023 BEAUMONT 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 construction does not prevent the return of the property to a conforming use the front yard setback of abutting lot N does not 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 setbacks of the N various lots in the same block are not uniform A yard exception on corner lots N Minimum 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 4/1/1981 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. Waiveireduce 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: Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2023-253 Printed On: 61i3f2023 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813.3484 5550 Eastex Freeway, Suite O Beaumont, Texas 77708 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 ATTACHMENT TO APPLICATION FOR SPECIAL EXCEPTION AT 6010 MUELA CREEK DRIVE BEAUMONT, TEXAS On behalf of our client, we are requesting a special exception be made for parking requirements at 6010 Muela Creek Drive. The City of Beaumont Zoning Ordinance identifies parking requirements for developments within the city. This project is a strip center development which includes two (2) buildings with a combined area of 27,500 square feet. The general parking requirement for multiple use shopping centers is as follows: "For shopping centers, or other tracts where different property uses will share a joint parking area, the parking requirements shall be computed based upon the overall development. Shopping centers containing not more than two hundred thousand (200,000) square feet of gross leasable floor area shall have a minimum of six (6) spaces per one thousand (1,000) square feet of net floor area. Shopping centers containing more than two hundred thousand (200,000) square feet of gross floor area shall have a minimum of five and one-half (5.5) spaces per one thousand (1,000) square feet of net floor area." This will require 165 spaces with 17 peninsulas. After completing the preliminary design for the project, only 150 spaces were available. These spaces have a minimum width of 9 feet. A special exception is requested to allow the site to utilize the miscellaneous retail parking requirements. This would require 1 space per 200 square feet of gross area. This would require 138 parking spaces. The project design allows for 150 spaces with a minimum of 15 peninsulas. A special exception to the parking requirements on this project is requested to allow for the site to only require 150 parking spaces. We believe this proposed special exception will conform to the spirit of the ordinance, not be contrary to public interest, and will still provide sufficient parking for the site. For The Firm, C6�� rallo- Richard F. Faust, P.E. President 23122 Special Exception - Parking s z� C) HR & 9 z o Lli &Q 176.16' 3Nf1 NOVH13S 30iS ,q O 3N2iO 3-DJONOO J Z O ---- - --- UL z � _ W � x x © O D r ~ oe� zl w BL486i Z Z W ' a= o Q 95S86E 89596E .p N U Z O ILIsms d ] .o rL Li:�J gg �ey..aS~- 39uaF5 €� y"19.i # gS g: ga Code' P z -N n � $ g 4V.MiSaE o€Yg€t6BR. rc I 55.00' 12 3N210_31321ONOO ,94 — — SiEX TIN0 20' STORM SEWER EASEMENT w I a a � Ila d I o Z ¢ � � IW - v � �rofzo _Z r o �` [au ao) I� o _ Wa W � U Q" O our— ~ I O I N 1 C)a O ' z v J o a L a o I m 0 a !vw ❑Z 8 W ul C) OZ— � gl IW �I � , h m z� 4 C) s I I J J z; Z � U N0 r,w 55.00' _ ~ - 1 3n1a0 313HONOO .+Z EL QO O O N � 3Nf1 NOV913S 301S ,4 .- i � � N 183.17' Q O O 4 File PZ2023-253: To consider a request for a Special Exception to reduce off-street parking requirements. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: 6010-6120 Muela Creek Drive UGC;"MDI { 0 100 200 300 l 1 1 1 1 Feet ir OP 00 'rvaJ is A L V ..' i ep 1ST 3 mug Ink 1 I AU 40 40 6 £_ i—et C;. c' p �Legend'r 253 DATE: July 6, 2023 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum front yard setback requirements for a house. FILE: PZ2023-255 Jennifer Smith of Tegrity Homes, L.L.C., is requesting a Variance for the property located at 2375 Irving Avenue. Last month Variances for both sides and rear of this property were approved. The property is zoned RM--H (Residential Multiple -Family Dwelling— Highest Density) and requires a minimum front yard setback of 25'. The applicant is requesting that front yard setback be reduced to 20' for a new house to allow 'wiggle - room' to adjust the location of the structure as needed. This will be a new home provided through the Texas General Land Office Homeowners Assistance Program for disaster recovery. The available lot is approximately 50' wide and 62' deep, but the proposed house will face the side street as does the existing house which it will replace. The applicant states that the lot is extremely small, creating a hardship. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That 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 other 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 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 36 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being the north %a of Lot 1, Block 31, Arlington Addition, Beaumont, Jefferson County, Texas, containing 0.071 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Jennifer Smith of Tegrity Homes, L.L.C. Virginia Parra 2375 Irving Avenue RM-H (Residential Multiple -Family Dwelling — Highest Density) —0.071 acres Residential X—Area determined to be outside the 500- year flood plain SURROUNDING ZONING: RM-H (Residential Multiple -Family Dwelling — Highest Density) RM-H 11XV1 i ►17►w:1 Conservation and Revitalization Irving Avenue -- Major collector with a 50' right-of-way and 28' pavement width. Stanton Street — Local street with a 36' right-of-way and 16' pavement width. Curb and gutter along Irving Avenue, enclosed ditch along Stanton Street. 6" water line in Stanton St. and 8" line in Irving Ave. 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BAPTISTE EDNA MARIE ESTATE BOYKIN PEARL ESTATE BROUSSARD BREKAJOEMIA CHAISON RONALD P CORBIN ALICIA DELAHOUSSAYE GERTIE ESTATE DEVILLIER MICHAELS&JAMES M DIOCESE OF BEAUMONT DOWNWOOD FOREST HOLDINGS LLC DUFFIE TRUDY DUNBAR SHAKEDRA & EXXONMOBIL CORP FERGUSON CRAIG J FIELDS JOHN E DALLIER ESTELLE A GIBBS VIOLA JEAN ESTATE HESTER LETTIE JAIMES FREDI KNOWLES BOB E LIONS -HEART BUSINESS SOLUTIONS INC MANSON HAZEL MATTHEWS ABBIE ET AL DECEASED NEWMAN NOLIA PARRA MARIA PARRA VIRGINIA PLACIDE BESSIE MAE & PORTIER CHERYL PORTIER ELVINA & MELVIN PORTIER MELVIN JOSEPH POWELL ELIZABETH (LIFE ESTATE) PURDY ARMISTICE ETUX SHIRLEY A SAVOY HOMES LLC STEWART JOAN N THOMAS BILLIE M ETAL WOOLRIDGE NATHAN BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2023-255 Location: 2375 IRVING AVE, BEAUMONT, 77701 Individuals listed on the record: Applicant Jennifer Smith 8607 CR 48 Rosharon, TX 77583 Agent Virginia Parra 2375 Irving Avenue Missing Address, City, State, or Zip Code in People Property Owner Jennifer Smith 8607 CR 48 Rosharon, TX 77583 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: Case Status. REVIEW Tag Name: Front Setback Decrease Request 2375 Irving Initiated On: 6/12/2023 8:48:31AM Home Phone: 4097507047 Work Phone: Cell Phone: 409-750-7047 E-Mail: jennifer.smith@tegrityhomes.com Home Phone: 409-466-2158 Work Phone: Cell Phone: E-Mail: Home Phone: 4097507047 Work Phone: Cell Phone: 409-750-7047 E-Mail: jonnifer.smith@tegrityhomes.com ARLINGTON N 112 OF L 1 B 31 * Special Exception This variance will benefit the health and safety of the homeowner/public with replacing the Harvey damaged home. This is not self-imposed or the result of the actions of the applicant. This variance will benefit the health and safety of the homeowner/public with replacing the Harvey damaged home. If this variance is not granted, Tegrity Homes would not be able to build the new home with the allotted setbacks. Once the variance is granted, the homeowners would be able to have their Harvey damaged home demolished to make room for their new home. Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2023-255 Printed On: 6/12/2023 RE: Variance request for 2375 Irving St., Beaumont, Tx 77701 Board of Adjustments Tegri't."Y- Homes Tegrity Homes 8607 CR 48 Rosharon, Texas 77583 www. to g r@t y h o m e s. c o rn I am writing this letter in order to apply for a variance for the above -mentioned address. The current lot is approximately 3100 sgft per CAD. This homeowner has been approved to receive a new two-story home from the GLO with approximately 1271 living sq ft. with attached porch and an ADA approved ramp/lift. For us to build the new home, we are requesting a minimum setback variance. PZ2023-182 variance request was approved granting reduced rear and side yard setbacks. We are not requesting that the front yard setback also be reduced to 20' from 25'. Although our site plan shows that we can fit the new house with the given setbacks, there is no wiggle room for any changes. With having to adhere to ADA and GLO compliance, we would feel significantly more comfortable with the front setback being 20' in order to have enough room to guarantee that we meet proper slope requirements as well as requirements pertaining to landings/lift. If we were to be granted this variance, then we would have a greater chance of fitting a new home on the lot with the allocated living sq ft the GLO has set forth for this homeowner. I thank you for your time in advance, Jennifer Smith Program Support Analyst Tegrity Homes 409-750-7047 office 713-391-8370 fax Jennifer.smith(@tegritVhomes.com Contact Information for 2375 Irving St., Beaumont, Tx 77701 Tegrity Homes, LLC Jennifer Smith 409-750-7047 Jennifer.smith@tegrityhomes.com Homeowner Virginia Parra 409-466-2158 Tegr�ty Z Lu i.7 W J Jyyso�� ail 1.6 �t3MW H YdsL �E! 5 o� dad aHR N O Z G �o a � � R A. 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He PZ2023-2S5: To consider a request for a Variance to the minimum front yard setback equirements for a house. Ipplicant: Jennifer Smith ocation: 2375 Irving Avenue 0 100 200 1 1 1 1 Feet 1.oRER sT GC -MD ' L'egerid ,-, _ 11 �, �. —ems i•, r , 255 f 1 �1I { a RM-H' , , iN I: >�M RM=H; ; ",., STANTON Srim •1 r 14, f e i y i k IIRM- ARM- ,H' � , � • ARM'^Hi '1�, H. � I'I f f ; 41 womlAwe i I I i q ARM-H RM_H. RM�N I �I • � I MADISON AVE