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Home My WebLink AboutPZ2023-501DATE: January 4, 2024 TO: Board of Adjustment FROM: E|aynaLuckev Planner SUBUECT To consider a request for a Variance to the rear yard setback requirements in the Neighborhood Design OvedayDistr1oL. FILE: PZ2023'501 Jim Debes oil behalf of Kevin and Sarah Talbot, is requesting a Variance to the rear yard setback for the property located at89O23u ' Street. The property bzoned R'S(Residential Single -Family Dwelling) and located within the Neighborhood Design Overlay District, which requires a minimurn rear yard setback of 25'. The applicant is requesting the rear setback be reduced frorn 25' to 10'. to allow for construction of an addition and covered patio. The addition of the structure itself will be situated approximately 28" from the rearpro peAyUne,bowevertheaUachedcove red patio sect\onofthesUucturevvU/besituated 1O'S"fnom the rear property line. The purpose ofthe Neighborhood Design Overlay District, istoprovide for the protection, preservation and design compatibility of buildings, sites and areas within the overlay district. More specifically this district has the following expressed purposes: (1) To enCOUrage neighborhood conservation; (2) To stabilize property values; EU To prevent the construction of building of a size and scale not compatible with the established built character of the district. The applica nt shall have the bu rdenof proof todemonstrate that aUthree conditions necessary for epprova| have been met: N Nat theg ra ntirig of the VadancewdUnot becontra ry to thepub|ic1nterest; EU That literal enforcementoftheord\noncewiUreault\nunnecessaryhaubh|pbecauseof 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 handicap" shall mean physical hardship relating to the property itself. The following may also he 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 as shown on the most recent certified appraisal roll; UUCompliance would result inaloss iothe lot onwhich the structure is located ofetleast (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, bui|dingcode, orother requirement; (iv) Coniphance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to beanonconforming structure. AsdbUnguishedfnomahanbh|prelaLnQtoconvenienceorcaprice, andthehardshipmustnotresuIt from the applicant's or property owner's own actions; O 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 16 . Responses inFavor Responses inOpposition . LEGAL DESCRIPTION Being Lot11A, Replat of Lots 20-13,Block 10, Calder Place Addition, Beaumont, Jefferson County, Texas, PROPERTY OWNER: LOCATION: EXISTING ZON-I,NG-: SURROUNDING LAND USESO Jim DebesofJim Oebes [ons rusdon Kevin and Sarah Talbot 89023 m3treet RS (Residential Single Family) ~0.482acres Residential X—Areadeterminedtobeoui idethe5OO' yearfloodpia|n SURROUNDING ZONING: NORTH: Residential RS(Residential Single Family) EAST: Residential RS 3OUTHVacant RS WEST: Residential RS COMPREHENSIVE PLAN: WATER: SANITARY SEWER :SERVICE: Conservation Revitalization Harrison Street —Loce|StneetwithaGO'riQh and ZZ`pavement width. EsseLStleet—Locei Street with a 50.right`of-vvayand ZQ'pavement width. Open ditch. G" water line on Harrison Street. G"sanitary sewer line onHarrison Street PROPERTY TY I E NOTICES SENTWITHIN 0' HILL JUANITA HERNANDE PEEBLES RICHARD & SHA+N TALB T KEVIN J & SARAH BOSS LEY GARLAND A JR DANNA SETH CURRENT OWNER MCALISTER YULUNDA I FARMER LAUREN ASHLEY B U DREAUX PAU LA MAYO TH 0 MAS CALLIC TTJR & AMY PEEBLES JACISN FELIX CHARLTON JNES STEPHEN JfSEPH & JENNIFER LEA ELI ABETH E IESSINER HARLEY E JR IVICATEE J HN E GIST RYAN B EAIJ MO NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: 28.06.022 Case #: PZ2023-501 Initiated On-, 1218/2023 3:24:21 PM Location: 890 231 T, BEAUMONT, 77706 Individuals listed on the record: Applicant JIM DEBES 253 MANOR ST BEAUMONT, TX 77706 Agent JIM DEBES 253 MANOR ST BEAUMONT, TX 77706 Property Owner Kevin Talbot 890 N. 23rd St Missing Address, City, State, or Zip Code in People Case Type- Planning and Zoning Case#: PZ2023-501 Home Phone: 4098926940 Work Phone: Cell Phone: 4096738934 E-Mail: �debes3@gmail.coni Home Phone: 4098926940 Work Phone - Cell Phone: 4096738934 E-H ail: jdebes3@gmail,com Home Phone, Work Phone: Cell Phone: 4093515304 E-Mail: Page I of 2 Printed On: 121812023 BEAUMONT Planning & Community Development Legal Description LDER PLACE Ll 1 A REPLAT OF LOTS 10-13 B 10 Type of Variance: Appeal That the granting of the variance will The structure will not be an eyesore. We want it to look like it was a not be contrary to the public interest part of the original house. The brick will match our current brick and look like an outhouse next to the garage. There will be space between the garage and the room behind it. Importantly the brick structure will not be within the 25 foot easernent. The brick structure is 28 feet 4 inches from the back of the property. the area that is within the 25 feet is a back is a covered patio. and it will not have walls. It will just have columns and a roof to cover the open outdoor patio . The only part of the patio visible from the street will be the roof and top pail of the columns, This patio is still outside of a 10 foot easement. Our neighbors behind us do not have a problem with the addition. this addition will make our home more desirable and beautiful therefore more of an asset to the neighborhood. That literal enforcement of the The backup plan for this construdion will be to put this additional ordinance will result in unnecessary space over out taster bedroom c n the ether side of the house, This hardship is actually less expensive for us, but the addition would create a massive second floor over the existing high ceilings and, in our opinion, would he an eyesore for the neighborhood. Our architect recommended against this option in favor of our current plans because the current plans fit with the neighborhood aesthetic it was also the intention of the architect to abide by the 25 foot ordinance by placing the walled structure 28'3" off the back of the property That by granting the variance, the We will not have any walled in structure within the 25 foot easement spirit of the ordinance will be observed The covered patio will end 10 feet 3 inches away front he back fence. and substantial justice will be done There is no unreasonable encroachment, Notes: Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2023-501 Printed On: 12/812023 FNP 5 00 0 o5' FNP N 000 OT02" h 15q.12 / N 25RD co-TREET | Kevin and Sarah Talbot 890 N 23" St Beaumont, Texas, 77706 12/7/2023 Planning and Community Development Board of Adjustment Beaumont, TX We humbly submit this application in the hopes of making an addition to our home. We hope for this home to be where we stay forever, and this addition allows us to grow our family and use our land in a way that we will enjoy for years to come. My husband and I love Beaumont and care deeply about our community. We are both physicians here. We participate in many local events including our neighborhood's famous Halloween festivities! (We actually hope to do a haunted house for Halloween in the future). We dine and shop locally and we are law abiding citizens. We respect that our neighborhood is historic and believe that our addition will be a positive thing for our neighborhood!! (home value, development, jobs ect). I will address the 3 conditions you give for variance authorization: A) The granting of the variance will not be contrary to the public interest The structure will not at all be an eyesore. We want it to look like it was a part of the original house. The brick will match o u r current brick and look like an outhouse next to the garage. There will be space between the garage and the room behind it. Importantly, the brick s true ture will riot be wifth in the 25 foot easemen t. The brick structure is 2 8 feet 4 in ch es from the back of the property. The area that is within 25 feet of the back is a covered patio, and it will not have walls. It wilijust have columns and a roof to cover the open outdoor p o tio. The on ly part of the patio visible from the street will be the roof and top part of the columns. This patio is still outside of a 10 foot easement. Our neighbors behind us have do not have a problem with the addition. This addition will make our home more desirablelbeautiful and therefore more of an asset to the neighborhood. 13) The enforcement of existing ordinance will result in unnecessary hardship because of exceptional shape/physical condition. Planning and Community Development Board of Adjustment 12/7/2023 Page 2 The backup plan for this construction will be to put this additional space over our master bedroom on the other side of the house. This is actually less expensive for us, but the addition would create a massive second floor over the existing high ceilings and, in our opinion, would be an eyesore for the neighborhood. Our architect recomm ended against this option in favor of our current plans beco use the current plans fit with the neigh borh ood aesthetic. It was also the intention of the architect to abide by tyre 2 5 foot ordinance b y placing the walled s tru a u re 2 8'3 "" off the b ack of the property. C) By granting the ordinance the spirit of ordinance will be observed and substantial justice will be done. We will not have any walled in structure within the 25 foot easement. The covered patio will end 10feet 3 inches awayfrom the back fence. There is no unreasonable encroachment. Thank you for your consideration. Sincerely, Kevin and Sarah Talbot 0 0 28.06,022 01 Neinhborhood design overlay UT1UT-( EA EM 04T S district, has a --------- J-1 minimum rear NEN APIPITION yard setback requirement of r, . 5 /d isj c KEN APPITION f S w x FX1 CAM /77 OV /A EX15T. FLATNIORK It A V X < lie LU er 01 ,J) Of 100 25' BOILPING -SETBAC< X1 T. F N P N1 Oor G OT 02 " N I victi.01 1 /4 IZ-7w 7R,,EET 1' 2 E M �n File P - 501: To consider a request for a Varianceto the minimum rear yard .setback. requirement in the Neighborhood Design v rl r District. �kppllcant: Jiro De'Debes for Kevin and Sarah Talbot Location: 890 23rd Street 100 200 1 I - - - -I--- - - - I Feet