HomeMy WebLinkAboutJan 2024 BOA Packet*AGENDA*
BOARD OF ADJUSTMENT
City Council Chambers, City Hall
801 Main Street, Beaumont, Texas
Public Hearing
The meeting will also be broadcasted on the City"s YouTube channel..
https://www.youtube.com/channeiZUCnY6nNk8zfXZulMglzbwEBg
*AGENDA*
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mcy-11 I I mY&- I I,
APPROVAL OF MINUTES
Approval of the minutes of the meeting held November 2, 2023.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File PZ2023-460: To consider a request for a Variance to the minimum rear yard setback
requirement.
Applicant: Cornell Price
Location: 2490 Liberty Avenue
2) File PZ2023-479: To consider a request for a Variance to the minimum rear yard setback
requirement.
Applicant: Br)zo Construction for Albert Tompkins
Location: 4250 Inez Street
3) Toconsider arequest for aVariance bothe minimum rear yard setback
requirement in the Neighborhood Design Overlay District.
Applicant: Jim [)ebesfor Kevin and Sarah Talbot
OTHER BUSINESS
ADJOURN
Persons with disabilities who plan to join this meeting and who may need auxiliary aids or
MISS
BOARD OF ADJUSTMENT
November 2, 2023
Council Chambei-s5 � City Hall, 801 Main Street, Beaumont, Texas
A meeting of the Board of Adjustment was held oii November 2, 2023 and called to order at 3:00
p.m. with the following members present:
Chairn-ian DanaTimaeus
Board Member Jeff Beaver
Board Member Joey Hilliard
Board Member Toni Rowe
Board Member Rogers Sorrell Jr.
Alternate Board Member Chris Jones
Board Men-ibers absent: Alternate Board Member Steve Lucas
Also present: Elayna. Luckey, Plarmer I
Susan Smith., Recording Secretary
APPROVAL OF MINUTES
Board Member Hilliard moved to approve the minutes of the September 7, 2023 meeting. Board
MeDiber Sorrell seconded the motion, The motion to approve the minutes earricd 5:0.
SWEARING IN OF WITNESSES
All witnesses were sworn in at 3:03 p.m.
PUBLIC HEARING,
1) File PZ2023-417: To consider a request for a Variance to the minimum side and
rear yard setback requireDlentS
Applicant: Hector Torres
Location: 1507 Fannin Street
Mrs. Luckey presented the staff report. Hector Torres is requesting a Variance to the side and and
rear yard setback for a main structure at 1507 Fannin Street. "I'he property is zoned as RCR
BOARD OF ADJUSTMENT
November 2. 2023
V 4
(Residential Conservation Revitalization) which requires a mininium side yard setback of 5' and
a minimum rear yard setback of 25' for a main StrUCtUrC. The applicant requests the exterior side
yard setback to be reduced from 15' to Y, the interior side yard setback to be reduced from 5' to
2.5' and the rear yard setback to be reduced from 25' to 4.5. Originally, this property received an
approved driveway permit, However, staff performed a field inspection and realized the accessory
structure was being converted into a second divelling without permits. It should be noted, two (2)
dwelling units on one property is permitted outright in this zoningr district given the structure meets
minimum setback requirements or receives a successful Variance for the project to move forward,
'I"he 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 ulmeccssary hardship because
of exceptioiial 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 inay also be considered when determining
4( Ullnecessary handicap":
(1) The cost of compliance with the zoning ordinance is greater than fifty (50) percent
of the appraised value of the strUCture as SbOWDon the niost. recent certified appraisal
roll;
(1i) Compliance would result in a loss to the lot on whicli the structure is located of at
least twenty-five (25) percent of the area on which development may physically occur;
(iii) Compliance would result in the structure not in compliance with a requirement of
another city ordinance, building code, or other requirement;
(iv) Conipliance would result iti the wireasonable encroachment oil ail aqiacent
property or easement; or
(v) The city considers the structure to be a nonconforming structure.
a As distinguished from a hardship relating to convenience or caprice, and the hardship 11-tust
not result from the applicant's or property of own actions;
C) That by granting the Variance, the spirit of the ordinance will be observed and
substantial justice will be done.
0)
BOARD OF ADJUSTMENT
Noveinber 2, 2023
Twenty-two (22) notices were mailed to property owners witliiji two hundred (200) feet of the
SUbj ect property. Five (5) responses were received in favor and zero (0) in opposition. One property
owner in favor of the requcst stated that it will make the neigliborhood look better.
Slides of the subject property and site plan were shown.
Brief discussion followed conceming specifics of the request and no permits being obtained for
construction of the secondary dwelling.
Lenora Lopez, 230 Ducote Street, Beaumont, Texas addressed the Board. She stated concerns of
encroachii-ient onto her family -owned neighboring property. Chairman Tin-taeus explained the
process and purpose of the City notifying neighboring property owners of Variance requests.
The applicant was present. Hector Torres, 1507 Faimin Street, Beaumont, Texas addressed the
Board with his wife, Yanira Torres, serving as Translator. Mrs. Torres stated that the structure and
driveway were constructed for their on by Mr. Torres and family members. She also stated that
permits were acquired for COnStrUCtion of the driveway, however, none were acquired for
construction of the secondary dwelling when it was built two year ago. She ftirther rele renced a
struggle in obtaining the permit for the driveway.
Further discussion followed concerning the property being subdivided in the Riture and enclosure
of the carport.
Board Men-iber Rowe moved to approve the request for a Variance to reduce the minimum exterior
front yard setback requirements froin 15' to 3'; to the minimum interior side yard setback
requirement to be reduced from 5' to 25'; and, to the mininnim rear yard setback requirements to
be reduced from 25' to 4'5' for property located at 1507 Fannin Street, as requested in File
PZ2023 -417.
Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Tiniaeus-Nay,
Board Member Beaver -Nay, Board Me fiber Hilliard -Aye, Board Member Rowe -Aye, Board
Member Sorrell -Aye. The motion to approve the request failed 3:2 as a vote of at least 4 out of 5
is necessary for a Variance.
2)
File PZ2023-427:
Applicant:
Location:
To consider a request for a Variance to the Urban Corridor Sign
requirements for a pole sign
Alain Hillario for Z&,-,I Investments,, LLC
1495 Gulf Street
Mrs. Luckey presented the staff report. Alain Hilaro is rcqttcsting a Variance on behalf of the
property owner, Z&N Investments, LLC, to allow a 30" multi -face pole sign at 1495 Gulf Street.
This property is located within the Urban Corridor Overlay District, which has more restrictive
3
BOARD OF ADJUSTMENT
November 2,, 2023
sign regulations for properties within the district. thaii other properties within the City. Section
28.03.020(4)(C) states:
"One (1) cletached Ors -j)i-einise.vsign, c ind one (1) acklitional cletached sign,lbr each thorougl!ft-e
ii7ore than one (1) that abuts the proj)erl)shall be perinitled per establishinew, located in the
X,';(,', GGAID, CAII, LI ancl HI Disti - icts stt�ject to th eft) 110 ii) ing coi Oil ions w7d i -esti -ict io i is:
(i) The sign shall i7ol be gi*eater than fi-i)eny (20) ftet in height. The iiiaxiinut)i height being
areas ure(Ifiroin the point established b)) a pei7_)ei2,dicu1ar line connecling he croii)n o.1'1he
roa(hj)a)� iaii)iediately abultiiig the prol)ero) oti i-Mich the Sign is to be installed iiii.th 1he
sign 's ne ai -est i)ertical s i ippoi -1 to the prol-)eq)) line.
(H) The sigil shall not exceed sixty (60) squareftel it? arect.
(iii) A// pai-Is of1he sign shall be se l back at least ten (10) .feels -olii err ?)) pj-oj)ei-1)) line oi-
sti lees ring ` t- f=i,t) r)�. 14171 ere a strz ict ure exisfing at th e ef I clNe clate ofhis section 1)j-ecludes
locating a sign in coinpliance ii4th the setback i-egulations, the boaj-d of'adjusmient shall
be authoilzed to gi@ant a ilajaiance to the setback requh-eillent.
(N) The si1917 saa hall be iced in lanciscalmd selling qfnot less than one hundred 11-wilt)�
(12 0) scl itai -eft e t.
(jq The sign not rei)oNe or rolate III any Imamer 1707. shall it haiyeflashhig lights or an))
�jy)e cif Interiifittew ill-itinhiation, excel)l cis alloii)ed beloli�:
a. Electronic i-eacter boar(slgi?s shall not be periintled, excel V as an attach' lent to or a
pai -1 of a cletached Ors -pi-e ii? I'Ses s ign.
b. The sign.ffice into) chai7ge no ii7ore Mai? once eveiy./bi-tji-
fii7e (45) seconds.
C. Sigi7 fiace shall no I H I ch hide ai?yflashhig, floii,ing, altei 41 iating ot - blinking ligh is oi-
aniination.
d. Electronic recick,,,r board signs thal are part of a cletacred oii-I)reinises sign shall be
alloii�ed to hai)e inithil-)1e colors.
e, As area sTree at the propertj) line, the inaxhi7 iiii-i light einanation ftOjrr a sign shall be no
gr-eater n 0. 2,foolcan(lles. jy
Alain Hilaro's proposed sign measures at 30' in overall height and features two 50 sq.i . detached
on -premises signs plus a 100 sq.ft gasoline pricing sign resulting in a total of 200 sq.ft in sign area.
These measurements exceed the maxiinum overall sign height and square footage in sign area for
a property located within the Urban Corridor Overhay District.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been net:
A) That the granting of the Variance will not be contrary to the public interest;
4
BOARD OF ADJUSTMENT
NoNlember 2,, 2023
B) That literal enforcen-ient, of the ordinance will result in unneccssary hardship because
of exceptional narl'OJA71iess, shallowness, sliape 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 be considercd when determining
"unnecessary handicap":
6
(1) "me cost of compliance with the zoning ordinance is greater than fifty (50) percent
of the appraised value of the strLICtUre as shown on the most rceent certified appraisal
roll;
(Ii) Compliance would result in a loss to the lot on which the structure is located of at
least twenty-five (25) percent of the area on millich development may physically occur;
(iii) Compliance would result in the structure not iii coin pliar ce with a requirement of
another city ordinance, building code, or other requirement;
(1v) Conipliar ce would result in the unreasonable encroachment on an adjacent
property or casement; or
(v)TIIC city considers the structure to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship must
not result from the applicant's or property owner's own actions;
C) That by granting the Variance, the spirit of the ordinance will be oferNled and
substantial justice will be done.
Seven (7) notices were niailed to property owners within two hundred (too) feet of the subject
property. "I'liree (3) re sp onses were rc ceived in favor and zero in opp o sition.
Slides of the subj ect property and site plan acre shown.
Brief discussion followed concerning the location of the proposed sign and signage area of the
current sign.
The applicant was present. Alain Hilario, 4500 W 34"' Street, Suite B, Houston, Texas addressed
the Board. He stated lie represents the property owner. Mr. Hilario noted the preferred location of
the proposed sign in order that it will be visible from the highway. He also expressed concern
relating to the si-nall surface area of the proposed sign and stated that -a previously damaged sign
has bcen removed from the property.
5
BOARD OF ADJUSTMENT
November 2, 2023
Further discussion followed concerning the boundaries of the Urban Corridor Sign District and
removal of the current sign. Mrs. Luckey explained the ordinance specifications in relation to
surface area and height of signage.
Board Member Hilliard moved to approve the request for a Variance to the Urban Corridor Sign
requirements for erection of a thirty foot (30') multi -face pole sign for property located at. 1495
Gulf Street, as requested in File PZ2023-427, with additional approval of 400 feet (400') of surface
area positioned on the property as drawn in the request for Variance.
Board Member Sorrell seconded the motion. A roll call vote was taken. Chainiian Timaeus-Aye,
Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowc-Aye, Board
Member Sorrell -Aye. The motion to approve the request carried 5:0.
3)
File PZ2023-428:
To consider a request for a Variance to the minimum rear yard
setback requirements
Applicant- Douglas Winfrey Custoni Hoines for Robert M. Core
Location: 9275 Chicory Street
Mrs. Luckey presented the staff report. Douglas Winfrey Custom Homes on behalf of Robert Core,
is requesting a Variance to the rear yard setback for the property located at 9275 Chicory Street.
The property is zoned R-S (Residential Single -Family Dwelling), which requires a minin-iun-i rear
yard setback 25'. The applicant is requesting the rear setback be reduced from 25' to 7' to
accommodate an extension of the home owner's garage.
The applicant shall have the burden of proof to de.inonstrate 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) "I'liat literal enforcement of the ordinance will result in umiecessary hardship because
of exceptional narrowness, shallowness, shape topography or other cxtraordinary 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 be considered Then deter milling
4r.untiecessary handicap"-.
(1) The cost of compliance with the zoning ordinancc is greater than fifty (50) percent
of the appraised value of the StrUCtUre as shown on the most recent certified appraisal
roll;
(11) Compliance would result in a loss to the lot on which the structure is located of at
least. twenty-five (25percent of the area on which development may physically occur;
ro,
BOARD OF ADJUSTMENT
November 2. 2023
(iii) Compliance would result iii the strLicture not in compliance with a requiremeiit of
another city orditiaiice, building code, or other requirement;
(1v) Compliance Nvould result in the unreasonable encroachment on an adjacent
property or casement, or
(v) The city considers the structure to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice.., and the hardship must
not result from the applicaiit"s or property owner's own actions*,
C) That by granting the Variance, the spirit of the ordinance will be observed and
substantial justice will be done.
Slides of the SUb 0 ect property and site plan were shown.
I
Twenty-two (22) notices were mailed to property owners within two hundred (200) feet of the
subbjcet property. Zero (0) responses were reccivcd in favor or in opposition.
A representative of the applicant was present.. Jamcs Little, of Bcaumont Design and Drafting,
8935 Laura Lane., Beaumont 1'exas addressed the Board. He stated that the original plat indicatcd
a five foot 1(5') setback and the existing garage is located twenty feet (20') from the property line.
Mr. Little further stated that the applicant is requesting that the minimum rear yard setback
requirements be reduccd to allow an extension to the garage. He also stated that the garage
extension would be located 7'3" from the property line.
Further discussion followed concerning subdivision restrictions relating to rear setback
requiren-tents and distance from the property line of the proposed garage extension.
Board Mcmbcr Beaver moved to approve the request for a Variance to reduce the minimum rear
yard setback requirements from 25' to 7 ' to accommodate an extension of the home owner's
garage for property located at 9275 Chicory Street, as requested in File PZ2023-428, with the
additional approval to reduce the mininium rear yard setback requirements from 25' to 7.5'.
Board Member Hilliard seconded the motion. A roll call vote was taken, Chairman Timaeus-Aye,
Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board
Member Sorrell -Aye. The motion to approve the request carried 5:0.
THEREi BEING NO FUWfHER BUSINESS, THE MEETING WAS ADJOUIZNED AT 3:50
P'M.
7
TO: Board ofAdjustment
FROM: Elayna Luckey, Planner I
SUBJECT: Toconsider azquest for aVariance tothe rear yard setback requirements.
FILE: PZ2023-460
STAFF REPORT
Cornell Price., requests approval ofaVariance to the rear yard setback for the property located atZ490
Liberty Avenue.The property is zoned RCR-H(Residential Conservation Revitalization- Historic),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 ofthe duplexes was
approved bvthe Historic Landmark Commission unNovember 13,ZO23. |fthe Variance is granted the
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 of the ordinance will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional
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 ofthe structure asshown onthe most recent certified appraisal roll;
(il)Compliance would result inaloss to the lot onwhich the structure is located of at least
twenty-five (25) percent of the area on which development may physically occur;
NU[ompliance would result inthe structure not |ncompliance with a requirement of another
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 tobeanonconforming structure.
Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result
C) That bvgranting theVahanoe, the spirit nfthe ordinance will beobserved arid substantial justice
will be done.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 24 .
Responses in Favor . Responses in Opposition I
LEGAL DESCRIPTION
Being Lot 24 and the western 15.9' of Lot 15, Block ZG,AvedU Addition, Beaumont, Jefferson County.,
GENERAL INFORM ATION/PU BLIC UTILITIES
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residential
EAST: Residential
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
\N7\TfR:
SERVICE:SANITARY SEWER
Cornell Price
CMP3Enterprises, LL[
249OLiberty Avenue
R[R'H (Residential Conservation Revitalization- Historic)
~0.241acres
Residential
X —Area determined to be outside the SOO'
yearf1ood plain
RCR'H(Residential Conservation Revitalization- Historic)
Stable Area
M ajorArteda|'UrbanStreet with a6O'
right-of-wayand ZS'pavementwidth.
Ninth Street—Loca|Street with a6O'r)ght-of-wayand
Z7'pavement width.
Curb and Gutter,
O"water line onLiberty Avenue.
PROPERTY OWNER NOTICES SENT WITHIN 2001
COOLLY SHONTE & ROCNE1
WILLIAMS CHRISTY ANNE
SCHULTZ MARJORIE
OATS OF BEAUMONT LLC
HAIJTHORNE CHERYL PATILLO
EXTRAORDINARY DESIGNS DNS LLC
RAY CLINT
HOOD TANG
HOOCH TANG
CIVIP3 ENTERPRISES LLC
AVERT' WILLIAM C & FELICIA A
COBB GARY LEE
COBB GARY LEE & IVY
ELIABETH
HAYPA U L
ORACIAN ARTU O
ELLIS ,MASON & ERLYN
MCCULOUCH CAROLYN
GG INTEREST LP
LECUC PARTNERSHIP LT[
CHAVEZ NOEL JAI MES
FULBRIHT JOHN LEE JR
GG INTEREST LP
C OMIT ETT MICHAEL L AVID
' ILSON BARBA A A
B EAV MC3 N T
Planning & Community Development
Case Type:Planning and Zoning
Case Status: REVIEW
Case Sub Type-, Variance
Tag Name: request for a variance at 2490 Liberty Ave
Case M PZ2023-460
Initiated 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: pricehomestx@gmail.com
Property Owner
Cornell Price
Home Phone: 4098329500
5610 Old Dowlen Rd
Work Phone:
Beaumont, TX 77706
Cell Phone: 4095539553
E-Mail- pricehomestx@gmail.com
Legal Description
Averill Ll 4 W1 5 3/10 FT
L15 B26
Type of Variance:
Variance
That the granting of the variance will
THE GOAL AND INTENTION IS TO ENHANCE THE
not be contrary to the public interest
ATTRACTIVENESS OF THE LOT AT 2490 LIBERTY , WITH
SUPPLEMENTAL HORSING ANC TO U PLI FT 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 1 of 1
Case #.- PZ2023-460 Printed Om 12/1312023
November 200 3
I
CMP3 ENTERPRISES
5610 01-D DOWLEN BEAUMONT, TEXAS 77706
The request for a variance at 24-90 Liberty Street. 'rhe reason for variance rear setback from
25ft to 18ft . 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.
S I N C E R F� LY1
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STREET
File PZ2023-460: To consider a request for a Variance to the minimum rear yard setback
Applicant: Cornell Price
Location: 2490 Liberty Avenue
TO: Board of Adjustment
FROM: E|aynaLuchey Planner
SUBJECT: Toconsider arequest for oVariance tothe rear yard setback requirements.
FILE: PZ2023479
STAFF RFPORT
Heather EUbof8MzoConstruction onbehalf ofAlbert Tompkins, isrequesting aVariance 10the rear yard
setback for the property located at425OInez Street. The property iszoned R- (ResideMUa|Slngle'Fami[v
Dvve0nm)which requires aminimum rear yard setback 2S'.Due Lothe size and shape ofthe lot, the
applicant is requesting the rear setback be reduced from 25" to 12" 6"" to allow for construction of a new
hometobebuUtthroughthe Texas Gen era|LandOff ice.
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 becontrary to the public interest;
8) That literal enforcement of the ordinance will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape topography orother extraordinary nrexceptional
phvsica|situation orhardship physical cond�|onunique iothe spedOcpiece ofpoope�y|n
question. "'Unnecessary handicap" shall mean physical hardship relating to the property itself.
ThefoUow1ngmaya|sobecons1deredwhendctermining°unnecessaryhand|cap°:
(DThe cost of compliance with the zoning ordinance bgreater than fifty (50) pet -cent of the
appraised value ofthe structure esshown onthe most recent certified appraisal roll;
UU[ompliance would result |naloss to the lot on which the structure is located of at least
twenty-five (25) percent of the area on which development may physically OCCUr;
(iii) Compliance would result in the structure not in compliance with a requirement of another
c ity ordinance, building code, or other requirement;
(kv)Compliance would result hnthe unreasonable encroachment onon adjacentproperty or
easement; or
(v) The city considers the structure to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship mustnot result
from the applicant's or property owner's own actions;
C) That bvgranting the Variance, the spirit of the ordinance will be observed and substantial justice
Exhibits are attached.
PRO PERTY OWN ER OTI CES SENT WITHI N2001
JONES JOYCE LEONARd
SARLOW TERRY & ASHLEY
SPENCER MICHAEL
BATISTE REGINALD TROY
CARDENAS MARIA Y
pIGGLES EARNEST
OLL1E f-RED ESTATE
GUILLORY HAL
MARTIN MARILYN
FIGUEROA ZULEYKA MARY
GARCIA
CARRION MANUEL&ALISIA
HOLMAN WILLIS C 5R
CAf2RIERRE WILLIE GENE
S7EI.I.Y JOSEPH
I.EONARD JAMS E 3R
7HOMAS BETTY JEAN (TID)
GREEN OLEN
CNARLES MARSHALL ESTATE
LINTON GLENIV W Jft
CURRENT OWNER
JOKES ALFRED ET UX
TORTORfS J
TOMPKINS ALBERT E
eEAuOT
Plawi"q & Community Development
Case Type:Planning and Zoning
Case Status: REVIEW
Case Sub Type: Variance
Tag Name: TX-GLO HOME
Case #: PZ2023-479
Initiated On: 11/3012023 8:05:02AM
LOGation: 4250 IZ ST, BEAUMONT, 77705
Individuals listed on the record:
Applicant
Albert Tompkins
Home Phone:
4250 Inez St.
Work Phone:
Beaumont, TX 77705
Cell Phone: 409-363-4147
E-Mail: heather.ellls@brizoconstruction.com
Agent
Heather Ellis / Brizo Construction, LLC.
Home Phone: 409-316-4764
9100 Canniff St.
Work Phone:
Houston, TX 77017
Cell Phone: 409-316-4764
E-Mail: heather.elIis@brizocoiistruction.com
Property Owner
Heather Ellis / Brizo Construction, LLC.
Home Phone: 409-316-4764
9100 Canniff St.
Work Phone*
Houston, TX 77017
Cell Phone: 409-316-4764
E-Mail, heather.ellis@brizpeon strurtion.coiTi
Legal Description
W W CHAISON L9 & 10 B39
Type of Variance:
Variance
That the granting of the variance will
The granting of the variance will not be contrary to the public interest.
not be contrary to the public interest
The new home that is being built will fall within the set property lines,
however due to lot size and the shape of the lot it will not adhere to
the minimum rear setback requirements.
That literal enforcement of the
Yes, the literal enforcement of the chapter will result in unnecessary
ordinance will result in unnecessary
hardship due to the unusual triangular shape of the lot we are unable
hardship
to adhere to the rear setback requirements. Rear
setback -Compliance would result in the unreasonable encroachment
on the front 25' Build Line.
That by granting the variance, the
By granting the variance, the spirit of the ordinance will be observed,
spirit of the ordinance will be observed
and substantial justice will be done, with the exception of a small
and substantial justice will be done
portion of the home will go over the minimum setback requirements.
Notes:
Case Type* Planning and Zoning Page 1 of I
0 Case #. PZ2023-479 Printed On: 11/30/2023
11/30/2023
Application letter for rear setback variance.
Towhom itmay concern,
Brizo Construction would like to file for a 2-foot rear setback variance for the new single-family
residence that is being built at 425O Inez Street in Beaumont. Due to the size and shape of the lot we are
unable to adhere to the 15' minimum rear setback, however we are ahle to achieve a 13-foot rear setback and
would like torequest a2--hootvariance. Please let usknow atyour earliest convenience ifthis request ls
Thank you,
71,e�e � Project Manager 11/30/2023
Signature
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4250 IZ STREET, BEAU MONT, TEXAS
1File -4 9 To consider a request for a Variance to the minimum rear yard setback
requirement.
Applicant: Brian Construction for Albert Tompkins
Location: 4250 Inez Street
100 200
I 1 I Feet
DATE: January 4,2O24
TO: Board of Adjustment
FROM: ElavnaLuchey Planner
SUBJECT: Toconsiderarequrtfor aVehancetntherearyardset bachrequirements1nthe
Neighborhood DesiEnOverlay District.
RLE: PZ2023`501
STAFF RFPORT
Jim Debesonbehalf ofKevin and Sarah Talbot, isrequesting aVariance tothe rear yard setback for the
property located at 890 23'~ Street. The property is zoned R'S (Residential Single -Family DvveU1ne) and
located within the Neighborhood Design Overlay District, which requires a m\n|mum rear yard setback of 25'.
The applicant is requesting the rear setback be reduced from 25' to 10' to allow for construction of an
addition and covered patio. The addition of the structure itself will he situated approximately 28' from the
rear property line, however the attached covered patio section of the structure will be situated 10' 3" from
the rear property line.
The purpose of the Neighborhood Design Overlay District, is to provide for the protection, preservation and
design compatibility ofbuildings, sites and areas within the overlay district. More specifically this district has
the following expressed purposes-
(1) Toencourage neighborhood conservation;
CD Tostabilize property values;
(3) Toprevent the construction ofbuilding ofasize and scale not compatible w/ithiheestaLdishedLm\b
character ofthe district.
TheamdicanLshaUbavethebundenofproof todemonstnste thataUthreeconditionsnecessaryforopprova|
have been niet:
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, shalowness, shape topography orother extraordinary orexceptionn/
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 be considered when determining "'unnecessary handicap":
(i)The cost of compliance with the zoning ordinance is greater than fifty (50)percent of the
appra isedva)ueof thestmctu re asuhownonthe most rece nt ce rtif iedappra isa|rol 1;
(ii)Compliance would nsolt|na loss tothe lot onwhich the stuctUreblocated ofatleast
(iii) Compliance would result in the struCtUre not in compliance with a requirement of another
city ordinance, building code, or other requirement;
(1v) Compliance WOUld reSLIlt in the unreasonable encroachnient on an adjacent property or
easement; or
(v) The city considers the structure to be a nonconforming struct"re.
Asdistinguished from ahardship relating ioconvenience orcaprice, and the hardship must not result
from the applicant-s or property owner's own actions;
[] Tha1bvgrant1ngthe Vahance,1hespirit nfthe ond1nancevvU|beobserved andsubstantia|]ust1ce
Mil be done.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 16 .
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being Lot 11A,RepbiofLots 1O-13,Block lO Calder Place Addition, Beaumont, Jefferson County, Texas,,
GENERAL INFORMATION/PUBLIC UTILITIES
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ONE:
SURROUNDING LAND USES:
NORTH: Residential
EAST: Residential
SO UTH: Vacant
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SA N ITARY SEWER SERVICE:
Jim Defies of Jim De es Con strustion
Kevin and Sai-ah Talbot
890 23'd Street
RS (Residential Single Family)
—0.482 acres
Residential
X — Area determined to be outside the 500-
year flood plain
RS (Residential Single Family)
%61
RS
Conservation Revitalization
Harrison Street — Local Street with a 60' right-of-way
and 22' pavement width.
Essen Street — Local Street with a 60' right-of-way arid
20' pavement width.
Open ditch.
6 ho water line on Harrison Street.
6 )If sanitary sewer line on Harrison Street
P RO PE RTY OWNE R NOTICES ,SENT WITH1N 2001
HILL JUANITA HENANDEZ
PEEBLES I ICHARD & SHARON
TALB T KEVI N J & SABAH
B SSLEY GARLAND A JR &
DANNA SETH
CURRENT OWNER
MCALISTER YULUNDA
FARMED LAUREN ASHLEY
BOUDREAUX PAULA
MAYO TH 0MAS CALLI TT JIB & AMY
PEEBLES
JACKSON N FELIX CHARLTON
JONES STEPHE1 JEPH & JENNIFE f
LEA ELIZAETH E
IESSI NG ER HALEY E. J f
I' CAT E E J H N E
GIST IYAN
BEAUMONT
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 3:24:21PM
Location: 890 23R8 ST, BEAUMONT, 77706
Individuals listed on the record.A
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 arid Zoning
Case M PZ2023-5011
Horne Phone: 4098926940
Work Phone:
Cell Phone: 4096738934
E-Mail: jdebes3@gmail.com
Home Phone: 4098926940
Work Phone-,
Cell Phone: 4096738934
E-Mail: jclebes3@gmaii.coni
Home Phone:
Work Phone:
Cell Phone: 4093515304
E-Mail:
Page 1 cif.
Printed On: 12/8/2-023
BEAUMONT
Planning & Community Development
Legal Description
LDER PLACE L11A PLAT OF LOTS 10-13 B10
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 he space
between the garage and the roorn behind it. Importantly the brick
structure will not be within the 25 foot easement. 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 part 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 construction will be to put this additional
ordinance will result in unnecessary
space over out master bedroom on the other 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 be 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 easernent
spirit of the ordinance will be of
The covered patio will end 10 feet 3 inches away front he back fence.
and substantial justice will he done
There is no unreasonable encroachment.
Notes:
Case Type: Planning and Zoning Page 2 of 2
Case #: PZ2023-501 Printed On: 12/812023
FNO 5 00" o5'01" E 140.c),
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N 25RD c::)TREET
Kevin and Sarah Talbot
890 N 23 d 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 neighborhoods. 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! 1. (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 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
s truc ture will n o t b e within the 25 foot easement. The b rick structure is 2 8 feet 4 inches
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 wit1just have columns and a roof to cover the open outdoor
potio. The only part of the patio visible from the ,street will be the roof crud 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 desir ablelbeautiful and therefore more of an asset
to the neighborhood.
B) 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. Thisis 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
recommended against this option in favor of our current plans because the current
plops fit with the neiyhborhood aesthetic. It was also the intention of the architect to
abide by the 2 5 foot o rdin an ce b y placing the walled s tra ct ure 2 8 `3 " off the backk 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 2.5 foot easement. The covered
patio will end 10 feet 3 inches away from the back fence. There is no unreasonable
encroachment.
Thank you for your consideration,
Sincerely,
Kevin and Sarah Talbot
FROc� ()0w /7:�, y7'o E 11-lo.Olf
F-- ---- -- ------- -- -- --'— ----------
28.06.022
Neighborhood
design overlay o'uTurr EA:sEm�t4-r
district, has a
-num rear
-equirement of
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FNO NI 0000-11'02"N�� /�/° `. `14�
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File PZ2023-501: To consider a request for a Variance to the minimum rear yard setback
requirement in the Neighborhood Design Overlay District.
�kpplicant: Jim Debes for Kevin and Sarah Talbot
Location: 89023 ro Street
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