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Home My WebLink AboutPZ2023-460DATE: January 4'ZO24 TO: Board of Adjustment FROM: Elayna Luckey, Planner I SUBJECT: To consider a request for a Variance to the rear yard setback requirements, F1LE: PZ2023~160 STAFFRFPORT Cornel|Pri ce, reqwestsapprova|ofaVa ria nce to the rearya rd set ba ck for t he prope rty located at2490 UbertyAve nue The propertyis zoned R[R-H (Residential [onservaLion Revite\bstion- Histodc),which requires a minimum rear yard setback of 25". The applicant wishes to reduce the minimum requirement from 25' to 18' to accommodate the construction of two (2) duplexes on the vacant lot. The property is located within the Oaks Historic District. The architectural design of the duplexes was approved bvthe Historic Landmark Commission onNovember 15,2O23. |fthe Variance |sgranted the 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 orother extraordinary orexceptiona| physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary handicap"' shall mean physical hardship relating tothe property itself. The following may also be considered when determining "'unnecessary handicap": (UThe cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure asshown onthe most recent certified appraisal roll; /NCompliance would result inaloss tothe lot onwhich the stmCture is located of at least twenty-five (25) percent ofthe area on which development may phys)caUyocCun NUCompliance would result |nthe structure not incompliance with arequirement ofanother city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to beanonconforming structure. Asdistinguished from ahardship relating {oconvenience orcaprice and the hardship must not result Q That by granting the Variance, the spirit ofthe ordinance will beobserved and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners _24_' Responses inFavor Responses inOpposition LEGAL DESCRIPTION Being Lot 14 and the western 15.3" of Lot 15, Block 26,AvehUAddition, Beeumont,]efkerozn County GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ONE SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Cornell Price CMP3 Enterprises, LLC 2490 Liberty Avenue RCR-H (Residential Conservation Revitalization- Historic) "0.241 acres Residential X —Area determined to be outside the 500- year flood plain RCR-H (Residential Conservation Revitalization- Historic) RCR-H RCR-H RCR-H Stable Area Liberty Avenue— Major Arterial- Urban Street with a 60' right-of-way and 25' pavement width. Ninth Street — Local Street with a 60' right-of-way and 27' pavement width. Curb and Gutter. 6 water line on Liberty Avenue. 8 sanitary sewer line on Liberty Avenue PROPERTY TY OWNER NOTICES SENT WITHIN 2001 COLEY SHONTE & RODNEY WILLIAMS CHRI TY ANNE SCHULTZ MARJORI E & OAKS OF BEAUM NT LLC HAWTHRNE CHERL PATILL EXTRAORDINARY ORDINARY DESIGNS LLC RAY CLINT A HOOD TAT HOOD TANG CMP3 ENTERPRISES LLC AVERY WILLIAM C & FELICIA A COBB GARY LEE COBB GARY LEE & IVY ELIABETH HAY PAUL RACIAN ARTU R ELLIS JASCN & ERLYN CCU L U H CAR LYN GG INTEREST LP LEDUC PARTNERSHIP LTD CHAVEZ NO E L JAI M ES FU LBRI HT J H N LEE J R GG INTEREST LP CR MMETT MICHAEL DAVID & 'llilILSO N BAR BARA BEAUMC3NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Narne: request for a variance at 2490 Liberty Ave Case M PZ2023-460 1niflated On: 11/14/2023 1:27:09PM Location: 2490 LIBERTY AVE, BEAUMONT, 77702 Individuals listed on the record. Applicant Cornell Price Home Phone: 4098329500 5610 Old Dowlen Rd Work Phone: Beaumont, TX 77706 Cell Phone: 4095539553 E-Mail: pricehoiinestx@gmail.com Property Owner Cornell Price Home Phone: 4098329500 5610 Old Dowlen Rd Work Phone: Beaumont, TX 77706 Cell Phone: 4095539553 E-Mail- pricetioiestx@gmaii.com Legal Description Averill L 14 W1 5 3/1 OFT L15 B26 Type of Variance: Variance That the granting of the variance will THE GOAL AN D I NTENTION IS TO EN HANCE THE not be contrary to the public interest ATTRACTIVENESS OF THE LOT AT 2490 LIBERTY, WITH SUPPLEMENTAL HOUSING AND TO UPLIFT THE LOCATION AND OLD TOWN. That literal enforcement of the IN ORDER TO MANUFACTURE FUNCTIONAL LIVING SPACE IN ordinance will result in unnecessary THE AREA , THE 25FT REAR SETBACK RESTRICTS THE LIVING hardship SPACE FOR UNITS, That by granting the variance, the CMP3 ENTERPRISES HAVE EVERY INTENTION TO LANDSCAPE spirit of the ordinance will be observed , INSTALL PRIVACY FENCE , SCREEN DOWN THE REAR and substantial justice will be done SETBACK LINE TO CREATE SEPARATION FROM THE ADJOINING PROPERTY. Notes: Case Type- Planning and Zoning Page I of 1 Case 4: PZ2023-460 Printed On: 12/13/2023 ,4. 1 h CMP3 ENTERPRISES 5610 OLD DOWLEN BEAUT, TEXAS 77706 The request for a variance at 24-90 Liberty Street. The reason for variance rear setback from 25ft to `I Eft . CMP3 Enterprises wish to construct two sets of duplexes on the corner of Liberty Street and Ninth Street, We're very grateful if the Board of Adjustment approve this variance. SINCERELY, CIVIP3 ENTERPRISE / CORNELL PRICE III I rIn n/�')' Lut � N �m�r c� � Ul O � -4 A O --—----——--——--———--——--—---————--—— i 22'-C :30,-0" r i i i i x O O O STREET File PZ2023-460: To consider a request for a Variance to the minimum rear yard setback requirement. Applicant: Cornell Price Location: 2490 Liberty Avenue 0 100 200 et I I I I Fe,,..,,