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HomeMy WebLinkAboutApr2024 BOA PacketD A* BOARD OF ADJUSTMENT ApriII 4,,202,4 City Council Chambers, City Hal 801 Main Street, Reaurnont, Texas Public Hear" 3:00 p.M. The meeting will also be broardcasted'on th�e City's YouTuble channel: h ZulMi 16WERg FIfTe-TINVATH A pproval of the minutes ofthe meeting held January 4 12024. '01 .,1 Wi I ONM.-W, I all 4011114 on WA ON I ki 1) File PZ2024-75,.1- To consider a request for a Variance to the miniMUM side, yard. setback. requirement for an accessory structure. Applicant: Kira a Lovett Locat'i o n : 54,,10 Mcanelly Drive File PZ2024-76: To consider a request for a Variance t« he minimum side yard setback requiremerg t''In the Neighborhood Design Overlay District. Applicant: Daniel n with Fittz and Shipman, Inc Location:, 890 211t Street FAI -01 MIJ - Persons with disabilities who plan to join this meeting and who may need auxiliary aid,s or -880-3777. servieces are requested to contact Kaltrina Minick, at 409 *MINUTES'* BOARD OFADJUSTMENT Januat-y 4, 2024 Council Chaiubers, City Hall, 801 Main Sty-cet, Beaumont, Texas A meeti'llig of the Board of Adjustment was held on January 4, 2024 and called to order at 3:010 P.M,. with tlie:,.followiii,g.me.nibei*s present: Acting, Chairman Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. a Alternate Board, Member Chr'll's Jones Atterniatic Board Member Steve L,ucas -1 * Board Members absent: Chairman Dana ""I imaeus Board Member Joey Hilliard Also present: Elayna Luckey, Planner I Susan Smith, Recording Secretary APPROVAL, OF MINUTES Board, Member Jones moved to approve the minutes ofthe November 2, 202,3 meetilig., Board Member Sorrel.l. seconded the motion. The mot.i.on'to approve theminutes earriec D,:O, WEDFAIRIN Al,l witnesses were sworn 'In. at 3:03 p.m. PUBLICBEARING 1) File PZ20,23-4610: Applicant: Location.* To consider a request �for a setback requirement Cornell, Price 2,1490 Libe�rty,Avenue Variance to the tnintmuiu rear yard Mrs. Luckey presented the Staffreport. Clorne.14 Price, requests approval of a Variance to the rear yard setback. for the property located at 2490 Liberty Avenue. The property is zoned RCR-H BOARD OF ADJUSTMENT Jaintary 4,2024 (ResIdejItIal Co.jiservation Revitalization- Historic), wll.�ic h requires aIIIIIIIIIIUM rear yard setback -equi renient frot-ii 2,51' to 1. 8' to acCOMD,- of 25". The a plicant wishes to reduce the mniniiuni j, iodate p I the construction of two (2) duplexes on the, vacant lot., The property is located within the Oaks Historic Distrid, The architectural desi'gn of the duplexes was, approved by the 1-11'storiandiii,ar Coniiiiisston on. November 13 � 2023. Iftlic Variance 'is granted the applicant inust then receive, a success ful Specific'use Permit to moveforward with the pj roect. The applicant shall have the burden oroof to demonstrate that. all three conditions necessary for approval lia've been, niet: A,) That the granting of the Variance will not be contrary to the public mterest* B) That literal enforcement of the ordinance will result in. unnecessary hardship because of exceptional narrowness, shallowness, sbape topography or other extraordinary or exceptional physical sit ratio or hardship physical condition unique to the specific piece of property in question. ''t Jnnecessary handicap" shall mean physical hardshl'p relating tothe pi.00pertyitself, The, following may also be considered when determining C4t,'tiinccessary handicap"': 0 i (1) The cost of compliance with the zontng ordinance s greater than fifty (50), percent of the appraised value of the structure as shown onthenl0st recent certified appraisal roll. (ii) Compl,'i'atice would, resultin a lossto tie lot on. whwh the structure is located of at least twenty-five (25) percent of the area on, which development inay physically occur; P (111) Compliance would result 'in the: structure, not, in compliance with a requirement of 4 another city orldiinance, buildfli,,g code, ot other reqUITem.en"t; (iv) Coin I, ,p iance would, result In the 'unreasonable encroach tile nt on an adjacent property or easement.; or, (v) The city considers the structure to be a ilonconPori ning structure. 0 As distinguished from. a hardship relating to convenience or caprice, and the hardship must not result froni the applicant's or propeily owiler's own actiollso, C) That by granting the Variance, the spir,it of'th,e ordinance will be observed and substantial j u, tic will, be done. N ROARD OF ADR,JSTMENT Jantiary 4,2024 Twenty-four (24) jiotices were ii,,iailed to property owners within two hundred, (200) feet of the subject property. Zero (0) responses were received 'in favor and two (2) were received 'in opposition. Mrs. Luckey read, the responses in. opposition. One stated that, since the property is in th,e Oaks Historic District, they would also like to see the dramri , ngs ofthe proposed structure, and layout of parking, driveways, etc. The property owner also stated that they have heard the 4, 4 g all li,cation says brick veneer, but the drawings, indicate board andbatten. sicting. I" Flie other property owner in opposition stated, that, they are concerned about the development of this lot. They also stated that they only want, a single fainfly,dwelling developed, as per the code they have lived under since 1992. '17hey ffirther stated that they have two properties on this block and want to, kliow what 'is beihi..g planned. Mrs. Luckey noted that the design and arch itect Lira I I feature have been approved by the Historic Landmark Coninussion. Slides of the subject property and site, plan were, shown. Brief discussion followed concernin.g the perimeter of the lot. Mrs. Luckley noted that should the variance be approved, the request for a Spequfed tpres cific Use Permit will be reiro be, ented to the Plannin /--I, omnuW W ssin anCity Couticil. �for consideration. The, numbr and, elocation of garages for g �,..,od each unit was alsio discussed. The applicant was present. Cornell Price of CMP,3 Enterpr,ises, 2635 Rligby Drive, Beauniont, Texas addressed the Board. fle stated that proposed structures, are two-story units with each unit having a one car garage., Further discussion followed concerning speciHIcs of the request. Alternate Board Member 1,ticas i-noveld to approve the ire quest for a Variance to, reduce the 0 * lunu.mum rear yard setbackrequirement, to be reduced, froni 25' to 18' for property located at 2490 Liberty Avenue, as requested, 'in, File PZ2023-1460. Board Member on seconded the motion. A roll call vote was taken. Acting Chairman Beavei, ,Aye, Board Member Rowe -Aye; Board Member Sorrell -Aye, Alternate Roarmber, Jones - Aye; Alternate Board Member Lucas -Aye. The motion to rov a pe the request carried 5:0. p m it PlZ2023-479-0 Location - To consider a request for a Variance to thetnmimuni rear yard setback requirement Brizo Construction for alb eill'Tompkins 42,50 Inez Street Mrs. Luckey presented the to replort. Heather Ettis of Brizo Construction on behalf of Albert Tompkins, is requesti'ng a, Vai-l'aice to, the rear yard setback for the property loicated at 4250 Inez, a Street. Therop perty is zoned R-S (Residential, Si,nami gle-Fly, Dwelling), which. requires a I- 'is r,eque ing n-iinimurnrear yard setback, of 25.,.Due to the size and shape of the lot, trot pp icant st, I 1 4 BOARD OF ADJUSTMENT' January 4,20,24 t1le rear setback be red ucedfiroi�, 25' to, 1.2"6" to all for constIrLICtion of a new home to be built fluough the Tex GeneralLand Office. The appli.cant shall have the burden of proof to demonstrate that all three, conditions necessary for approval have been niet.% 4 A) That the granting, of the Variance wi , 11 not be contrary to the PLIblic interest- 3 B) That literal enforceme'lit ofthe ordinance will result in unnecessary hardship because of exceptional narrowness, shallownessil, shape topography or other extraord i* nary or exceptional physical situation Oil" hardship physical condition un� I ique to the specific Discs , of property 1n question. "Unnecessary handicap" shall mean Physical hardship relating to the property itself., The f6llowmg may also be considered when deter.g 4 i4utinecess ar,Y hand i.eap": (Ii) The cost of conipliatlice with the zoning ordinance is greater than fifty (510) pei' 'cent of the ap, I I I ,praised -value of the StrUcture as sl owt, on the niost recent cei dfied appraisal. roll- (H) Compliance wotild result, in a loss to the lot on wl-filch the structure is loicatat least t-wenty-five (25) percent of the area oil which developnie'llf'May physi'cally occur, (iiii) Coils plianc:e would result in the structure not 'in compliance with a requirenlent of anotlier, city ord,hiance, buildilIg codie� Or other requirement; (w) Compliance would result in tile urea viable encroacIliiient. on, an adjacent property or easenlent; or (v), The city, considers the strUcture to, be a noticonforilinig, structure. As d,l is t1, ti,gu i shied ftom a hardship relating to conveiiience or caprice, and the hardsihi'p must not result from the appficant's or property owner's own actions; C)i 'That by granting the Variance, the spirit of the ordinance will be observed and, substant" al I I 1. Just'ce will be done., Twenly-lbree (23 notices were mailed to pirope�rty owners within two hundred (200) feet of the 01 0 subject property. One (1) response was received in favor and zero (0) were received in oppo&ifi,on. Sl*1 des of the subt Jt property and site phan were shown. A representative ofthe ap pfi1 1 cant was present. Gene Dinell" of Brizo Construction., on behalf of property owner Albert 'Tompkins, 9100 Catiniff Street, Houston,, Texas addressed the Board., He stiated that the property owner qualifies for a new hw-ne through the Texas Gene,ral Iand Office: 4 RD A UA01" ADJUSTMENT Jatniary 4, 2024 (GLO) Program. He furth,er stated that due to the family needs, only one, floor plan is available that will allow for constrLICtion on the lot. Mr. Dinelli also stated that tlie, floor plan has beeli, pre - approved by (ILO. He further stated that the old home will be deniotished to allow construction of the new home. ..r. Dinelti also stated that a garage will not be constructed as it is not allowed, by GLO and any fature. COD,str'LlCtion of a garage will be the responsibility the homeowiien% Board, Member Rowe moved to approve the request for a Variance to the iiii[nitnuni rear yard setback requirement to be reduced fi-oni, 25" to 1.2"6" for property located at 4250 Inez Street,, as, reqti,ested In Fite PZ2023-479. Board Men-iber Sorrell seconded the motion. A of call vote was taken,. Acting Chairnian Beaver-, Aye, and Member Rowc-Aye, Board Member Sorrell -Aye, Alternate and Member Jokes- Aye Alternate Board, Membe�r UCH -Aye. The, motion to, approve the request carried 5:0. 0 3) File PZ2023-501: 'ro consider, a request for a Variance to the minimum. rear yard 6 setback requirenietil in the Neighborhood Desing Overlay District Applicant: Jim Debes for Kevti,i. and Sarah Talbot Location: 890 23,d Street, I Mrs. Luckey presented, the staff report. Jini Dgibes on behalf of Kevin, and, S,arah Talbot is requesting a Varliance to the rear yard setback, for the property located at 890 23 d Street. The property is zoned.R-S (Resi,dential SI-tigle-Family Dwelling) and located within the Neighborhood Design Overlay District, which requires a niinimuni, rear yard setback of 25'. The applicant is requesting the , rear setback, be reduced I."rom 25' to 10' to allow for construction of an, add lition. and covered patio., The addition of the structure itself will be situated apprommately 28' rom the � ear p rol, erty line however the, attached covered patio section of the structure will be situated 10' 3" �from the, rear property line. ie purpose, of the Neighborhood Design Overlay District, is to provide 'for the protection, 41 - preservati,on and design eoinpa:tihility of buildings,, sites and areas, within the overlay district. More specifically this district has the following expressed purposes,: (1) To, encouragene,ighborhood conservation*, (2) 'I"o stabilize property vatues,- (3) 'To prevent the C0nStII*UCti0II, of building of' a size and scale, not compatible with the established, buitt chal-acter of the district. The appliciant, shall, have theburden of proof to demonstrate that all t1iree conditionis necessary for approval have been met: I BOARD OF ADJUSTMEN" January 4,,2021 A) That the granti.D.,g of the Variance will not be contrary to the public intet"em'; B) That literal, ellfffl,'CeDiequa. 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 specl fic piece of property in question., "T.Ji-inecessary handicap" phy shall mean sical hardsInip relating to the PrIopei *ty itsetf. The following may also be considered, when, let erminillig ",unnecessary handicap": 4 01 (1), The cost, of compliance with the zoning ord"Inance is greater than. fifty (50).percent, 0 of thie appraised value of the StTLICtUre as shown on the most recent certified appraisal rolt- (10, Compliance would result in a, loss to t1lie lot on which the strUCtUre is located of at least twenty-five (25) percnt ofthe area on which development may physically occur; (iii) Clompfiance would result in the strLictUre not in compliance with ca reqUireilient, of another city ordinance building, code, or other reqwretntillo, (INT) Compliance would result, In the wireasonable encroachinent on aii ac�jacent property or casement, or (v)1"he city considers the structtire to, be an.oncon.forining structure, As distinguished from ahardship relating to convenieii,ce or caprice,, and thehardship must not result from the applicant's or property owner's, own actl*ons" ,C) That by granting the Variance the spirit of the ordinance will bservied and substantial.justi.ce will. be done., Slides, of the subject property and site plan were sliowti, Sixteen, (16) notices, were mailed to property owners wiIIIIHI two hundred (2001) sect oft e subject prope ify. Zero (0), responses were received in. favor or in opposition,. A representative ofthe applicant was present. Jim.Debb s, on behalf of properly owner Kevin. and Sai:ah. Talbot, 253, Manor Street, Beaumont, Texas addressed the Board., He stated that Surrounding p -avor of the request. roperty owniers that he contacted are in, f Further discussion followed conceming specifics of the request. Board Member Lucas nioved, to approve the request for a Variance to �reduce theinininiuni, rear yard setback requirement froni 2,5 " to 1, 0' in the Neighborhood Design �uverlay District to, allow I BOARD OF ADJUSTMENT January 4,2024 for construction, of aii aMition. and covered patio, for property located at 890; 23", Street,, as, requested in File PZ2023 5 0 1, . Board Member Sorrell second.ed the motion. A roll call vote was taken. Acting Chairman Beaver - Aye, Board Member Rowe -Aye, Board,, Member Son. rat -ell-Aye, Altene Board Member ne Jos - Aye, Alternate Board Member L.ucas-Ayc. The inotion to, approve the request carried 5:0. THERE, 13EING NO, FURTHER B1 JSINESS, 71'HE MEETING WAS AwOURNED AT 3:27 POMP 19 1ATE: April 4, 2021 TO Board of' Adjustment FROW Ela,yna Luckey, Planner I SUBJECT: To consider a request for a Variance to the minimum side yard setback requirements for an accessory structure. FILE: PZ2024-75 Kima Lovett, is requesting a varlance for the property located at, 5410 Mcanelly Dri'vel. This property initiall -fa, mily home. A routine inspection was conducted March I received" a building permit to c�ons,truct a single 202-4, It was, noticed an accessory building d was built without pr,opler permits anas such a stop work order It and the submitted survey revealed the was posted. The applicant applied for an accessory building perm' i a structure was placed 2.12 from the eastern side; yard, property line. The property is zoned R-S (Residential Single -Family Dwelling). Section 28.03.024(c)(17)(B) of the City of # I B ea u m o nt Cod el of Ord i n a n ces states, "accessory structures to be loicated' 1*n relar or side yards an d can, be located as close as two and one-h alffee t from th ei rear or in terior sidelo t lines"". Therefore,theapplicant requests the lin"terior side ya,rd setback to the accessory structure bef reduceld from 2'6" to 21.1 Then pplicant shall hiave the burdien 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 interesi 13) That literal enforcement of the ordinance Mil result in unnecessary hat-dship because of' exceptional narrowness,, shallowness, shape topography or other, extralordinary or exceptional philysilcal. situ-ation, or hardship physical coindition unique to the specific piece of property in I question. "Unnecessary handicap"' shall mean physical hardship relati i ng' to, the, property, itself. The following maily also be considered when determining "'unneicessary handicap" 1 1(5,0) plercent of th (i) The cost of' compliance with the zoning ordinance is greater than fifty I appraised value ofthestructure as shown on the mil recent certified appraisal roll; (H), Compliance woulld reSUjI't In a loss tio the lot on which the struCtUre Is, [ocateld of at least Lwenly-five (25) percent ofthe area on which development may, physically occur, it h a req u ill re m e nt of' a n oft h e r (ili) compliance would result in the; structure not in, coirnpliance wi city ordinance, building code, or other requirement, (Iv) Compliance, W01111d result in the unreasonable encroachment on an adjacent property or easement,# or As dist! ng,u is lifrom a hardship relating, to, convenience or ca pricej and the hardshiI p must not result , from the applicant's or property owner's own actions; C) That bygrantingtheVariance, tiespiritof the ord'inance will, be observed and substantlaIjEst ice will be done. Exhibits are attached. Notices mailed to property owners 15, Responses in Favor Responsesin Opposition I Being Lot 19, Block 3, Mcanelly Place Addition,, Beaumont,, Jefferson, County, Texas, containing 037 acres, more or I. ­11M GENERALIMUMIIATTWIP-r-IL _= PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY S I ZIE: EXISTING LAND, USES* FLOOD SIZE) ZONE* SURROUND'ING LAND USES: NORTH: Residential SOUTH: Residentia, WEST: Drainagil z COS SW PLAN* STREETS: DRAINAGE-., WATER: SANITARY SEWER SERVICE: Kima Lovett, Kima K Lovett Sr 5410 Mcanelly 'Drive RS (,Residential Single Family) ,10.317 acres Under Development Residential X­ Area determined to be outside the 500- year flood plain SURROUNDING ZONINIIG** RS (Resildential Single F'amily) ME m Low Derisi-ty Rural Areas Plant Road, — Major Collector -Suburban with a 60' right- of-way and 22" pavement width. Mcqnelly Drive al Street with a 60' right-of-way a,nd 18' pavement width. open ditch 611 water line on, Mcanelly Drive. 811 sanitary sewer line on Mcanelly Drive. 1 1, 1'' 1 11 , I 111441mmawyT kin', . ........ . . ........ . CA JAMES R A DESIGN BUILD SMART INC THRIVE M A S ENTERPRISES LLC LARA CARLOS AND NOLAND MARGARET NOLAND LARRY DAWSON WELCH WILLIAM M GOODLY PAUL M & POLLY ANN F JACOBS JOEY R SAMUEL LORI WATSON BRIE N MARCUS KNUPPLE WILLIAM, NT(TD) JOKES DEBORAH JEWEL, UDI PROPERTY SERAFINO ALESS ANN LIFE ESTATE) MCANELLY JESSICA, N ETAL dk' A AL BEAUMONT 'Ity Development Planning & Conninun, Case T *W I Case Status*. REVIEW ypePlanning and Zoning Case Sub Type* Variance Tag Name: Storage Building Case M RZ2024-75 Initiated On: 3/14/2024 9:1,2*15AM TX Location: 5410 IVICANELLY DR, BEAUMONT, ItWividuals listed on the recorl Applicant Kima Lovett Home Phone-, 409-4,55-1399 5225 Wildwood Dr Work Phone: Beaumont, TX'77708 Cell Phone: 409-455-1,399 E-Mail: kimalovett@gmall.coni Agent Kirna Lovett Horne Phone- 409-455-13,99 5225 Wildwood Dr Wo�rk Phone: Beaumont, TX'7'7708, Cell Phone: 409-455-13,99 E-Mail: klinalovett@gmail.com Property Owner Kirna Lovett Home Phone-, 409-455­1399 5225 Wildwoodl Dr Work Phone-, Beaumont, TX 77708 Cell Ph nee- 40,94,55-1,399 E-Mail: kinialovett@gmail.com Legal Description Storage Building Type of Variance: That tile granting of the variance will not be contrary to the public interest That literal, enforcement of 'the ordinance will, result in unnecessary hardship, No the variance will not, be contrary the public's Interest No unnecessary hardship will come from this variance 'That by granting the variance, the Yes in of the ordinan,cle will be observed and substantial, Justice will be done Notes. - Case Type: Planning and Zoning Case #: PZ2024-75 Page 1 Of I Printed On -I 3/14/2024 KIMA LOVETT SR,. 5225 WILDWOOD DR. TX 77708 BEAUMONT (4019) 45S-1399, To whomit may cloncern, I ain writing to formally request a variance for the setbacls-, requirements for the clonstruction, of an accessory building on the propertylocatied at S410 McAnelly Dr. Beamnont, Tx 77708. The 4 reason. for this variance, request is, due to the city requirement of a 2.510-foot setback, from the property line, whilethe proposed accessory building would ha�ve a setback of 2.27 feet from, the property line. 'The minor variation from the, setback requirement is neicessaiy, in order to optimize the use of the a U 1 ining a reasonable, distance from the property vanable space on the property while still ma'iita" ' line,. The slight encroachment of 0.23 feet from the required setback is not expected to Pose any a properties, or the. overall aesthet Ics of sigm icant issues or concerns with regards "�ig to neighborh the area. assure you that theconstraction. of the acceissoiy building, will, adhere to, all other relevant 'I re -ety, integrity, and compliance, of the structure. The gulations and guidefines to, ensure the saf i i I" I I I I Izing the -variance request is being made in good faith and with the 'ntentwon of es util property without causing any adver�se in-tpacts on the surrounding environment. I kindly request that the city p1atining department coii,sider granting the variance for the setback req P 1 -led dncewrement based on. the minimal deviation from the s, ec*f ista. 1 1. 1 1.1 Ais bu* Iding is intende d to Fhe accessory bu*lding w'll sier-ve as an, outdoor storage facifity., TI I provide additional storage space f-or various 'items anid eq-alpmenthat are currently occupying indoor areas or that do not have a designated storag, e locatioti. By utilizing the accessory building A for storage purposes, we aim to free up space within, the main structure and improve organizati on and efficiencyi,n managing belongings. The outdoor storage building wilt be used to store items such as tools, equipment, seasional decoratIons, supplies, and other miscellaneous 'Items, that are not required to be stored Indoors. This will help keep indoor spaces clutter -free and ensure that belongings are properly organized and easily accessible -when needed. We assure you that the accessory building will be constructed in con-iipliance with all relevant regulation,s and guidelines to ensure that it i,,s safe, secure, and aesthetically pleasing. We are itted to maintain.iii I , anner. If you have any coni,.m, g the property ij,I a responsible and respectfui in 1, Y concem,,s or require further information about the purpose or conistruct"on of the accessor building, please do not hesitate to contact us. We appreciate your, understanding and cooperation as we, work to im-iprove the propeq Y . Thank you for your attention to this, n-.iatter. Sincerely, /6 666-2Z 'ON 311A loc=1131 RIVOIS IN ul ZO CO g3 F.5 Ile- 0 wu F5 0 C) C) C� jogl oq'L w co W c3 Rp LU z C4 LO t (00*o� 1 3.02.91 1.100S nor - a 1:3 C4 t5 in 4"00"O,V� 'a"OUVAO'S GU En � Exq L "fla J1.1 - WO INN, m Zn, `RI D 6 in - cl n- Z z < mow* .9 10 � S) 111co cl, J OZ re C� 0 C) IN. 'ZI 01 0 way 0 L a CIL 0 co C3 tL., M z ix m w� m zi LL INN, TA MW �O 0 p 0 La 00 J- Roo Z 0 05� w Z3 AN 0(n Z ui W 11 x Ld CL irk: Z En C5 mn in 5! =!tp cj �z LL gi AJ En V)Oct:v)z TP 0, 1 CL A IS ;t t; E :3 IC04 L; a Luo IL En, 2A IV (DI EZ6 .- -3c; E - U3 L Ri LL11 z 0 VO a tlA LU 'a E E 0 0, OL WC :5 u ft cl -Ga to 10 U tA C Ile- C� mom W 44 LLJI 0 Cc, C)i O'D to 93 U. nL k 0 r. 4- 10 -0 tj Ij t; c LM C.19 F! —CL �s 0 08 w Q 1�:,, Ird 10 10 1 C) Cc, go 074- E -9 :5 4)"00. 12 Ub . a- 1= n- zo `2 3 LA U00.0 C cl 01 cs to (117 B -6 r- 0 fn E C, —0 — L Ln Q E ro- Q > 0 W, g CIO, 0 ICJ .�j p 8 -0 130 ;� 0 'U C ll�e R.2024-75: To consider a request for a Variance to the minimurn sidle yard seltbaecg m quirement folr, an accessory structuref pplicants. Kim a Lovett 3cation: 5410 Mcaneilly Drive, 0 100 200 1 1 1 Feet TO: Board of' Adjustment FROM: Elayna Luckey, Planner I SUBJECT: To consider a request for a Variance to the minimurriside yard setback requirements in the Neighborhood Design Overlay District. FILE: PZ2024-76 Se ctio n 2 8.03.02 2 of t h, e Clity's Cod e of 0 rd in a tices states, "the p urpose of the Neighborhood Design iO ver,lay Dis tri'ct is to pro vide for the protec tion, preserva tion and'design compatibility of buildings, sl tes and areas w ithi the overlay districL Morel specifically thl's district has, thefollowing expressed purposes.- i in (1) To encourage neighborhood conservatidn; (2) To stabilize propert values; 'Y (3) To, prevent the construction ol'building of a size and scale not compatible with the established built character of the district." The applicant shallhave the burden of proof to demonstrate, that all three conditions necessary for approval, have been met'.-' * * teres A) That the granting of the Variance will not be contrary to) the public, in, i I B) That literal enforcement of the, ordinance will result in unnecessary hardship, because of ional, naIrrown ion�a except ess, shallowness, shape topography or other extraordinary or excepti physical situiat'lon or hardship physical condition unique to the specific piece of property in sel question. "Unnecessa' ry handicap" shall mean physical hardship relating to the, property itsl The following may also be considered when determining ""unnecessary handicap": (1) The cost off compliance with thel zoning ordinance is greater than fifty (50) percent of thL,-, t, ppra ised valu e ofthe structu re as s hown on the most rece nt certif ied a ppra isal rol k I (ii) Compliance would result 1"In a loss to the lot on which the sti-LICtUre is, located of at least twenty-five (25) per ceint of the area on which development may physically occur,; Oii) COMP'liance would result in the structure not in compliance with a requirement of another 4 city ordinance, building code, or other requirement, ('v) Compliance would result in the unreasonable encroachnnetit on an adjaicen't property or easernent; 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 ri�ot result frorn, the applicant's or property owner si own actions, q That by granting the Variance, the spirit of the oi-dinance, will ble observed, and substantial justice w ill be done. I Exhibits are attached. a � N oti ces, mal' I e d, to p ro pe rty ow n e rs 17 . Responses, In, Favor Responses in opposition Being all of Lot 131, and the Northern half o,f'Lot 12, Block 1,6, Calder Place Addition, BeaUmont, Jefferson County,,, Texas, containing 0.258 acres, more or less. GENERAL, INFORMATIONIPUBIL4C UT111TIES APPLICANT", PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE,: SURROUNDING LAND USES,,: NORTH: Residential E4ST# Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: 101 WATER,*. SANITARY SEWER, SERVICE: Craig, per 890 21't Street R,S (Residential Single Family) "0.25,8 act"es, Residential X — Area determined to be outside the 5- year flood Plain I SURROUNDING ZONING.,*, RS, (Residential Single Family) M M M RMaMMM Harrison Street ® Loca,l Street with, a 60' right-of-way and 22' pavement width. 21't Street — Local Street with a 60' right-of-way and 25' pavement width. Curb and gutter. 6"' water line on Harrison Street,. 6 11 t sanitary sewer linein, alley on, 21' PROPERTY OWNER NOTICES SENT WITHIN 200 SHAJARI CHARLES & KAT, HLEEN IVICDONALD MARC D & VIC REYNA M,CDO,NALD MARC D & VIC REYNA RUPERT CRAIG J & TRISHA TOLIPS DWIGHT M BROUSSARD RYAN & PAM BARNETT PATIENCE L PARMER SARAH H & DAVID N SANCHEZ JACKELIN YVETTE STEVENSON A TODD KRISTINA FAGGARD ALFRED MARKHAM VIVRETT MARY ELL,EN QUICK MCCLEAN JENNIFER HARRIS RO NALD &JAM I E STOKES MEREDITH BA-17TAGLIA PHILLIP ET UX Ik A, BEA, 0N,1T Planning 1& Community Development Gale Type: Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Setback Variance Request Case #: 1 Z2024-76 Initiated On: 3/14/202:08PM Location: 890 21 ST ST, BEAUMONTJ 7'7706 Individuals listed on the recorl ,Applicant Daniel Dotson 1405 Cornerston Court Beaumont, TX77706 Daniel Dotson 1405, Cornersto!in Court Beaumont TX 77706 Home Phone: 4098327238 Work Phone: Cell, Phon&- 4098327238 E-Mail: ddotson(b) 1 ,.,fJttzshipnian.corn Horne Phone' Work Phone: Cell Phone* E-Mail: ddotson@fittzshIpnian-com Craig Rupert Home Phone: 890 21 st street, Work Phow Beaumont, tx 77706 Cell Phone,., E-Mail: That the grantIlIng of the variance will not be contrary to the public: interest That 1111eral enforcement ofthe ordinance will result in unnecessary hardship 'That by graint,ing th 'e variance,, the spir't of the ordinance will be observed, and substantial Justice will be done Notes: Variance The current home and other reisidences in. the area are currentl located within the setback. The building addition to the existing residence is not possible because the exisfing, house is located in the setback. Granting the variance will irnaintain the curren�t standards as th existing house and other houses ins the area. I Gase'Type: Planning and Zoning Case 41: PZ2024-76 Page 1 of I Printed On: 3/15/2,104 INC. Covs,ulting Enghieeiw and Lancl Sio-veyonv Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, RE,, Senior:Co,nsultaint Bernardino D. Tristan, P.E., Chief Executive Officer Mr. Chris Boone Planning Department City of Beaumont P. 0. Box 3287 Ber aumont, eras 77701 R E V- 890 21 "t S tre et I Variance Request Daniel A. Dotson, RE,, President i Donald R. King, P.E., Vice President� We are applying" for a variance to the side setback for the property located at 890 21s't Street in Beaurnont, Texas. The existln,g house is located 'in the: setback and the Owner requesting to, construct an addition to the house., 'The only way to achieve the addition is to connect to, the ex�isting, structure which is currently built within the side setback along Harrison Ave. There are several existing houses in the neighborhood that have been con'struction, simi1eir to this house and are also liocated within this setback. Therefore it, is out, opinion that, the construction of the building addition to the existing house within the side setback will, confirm to the s,ame standards and look as thie Shipm X!,jJnC, F by.- Daniel-b"O'otson, P.E.3 Pro ect Engineer for the Firm 1405 Cornerstone CDar - Beaumont, Texas 77706 832-7'238 - Fax (4,09), 832-7303 Texas Board of Professional Engiineers Firm No. 1160 - Texas Board of Professional Land Surveyors Firm, No. 7'00 786 pp f) on. 110 ot I It, I 101 j A �j jt jr 1 16 V( "If 11f, 1, 0 IE Ct ;f�6i �15 A A, Y 'W 1117- 11� 7 F C J 'N4hV aan fill j If"T l-,"NIGE 27. � "a wvJP' ,, � � �:"7 fz X . .. . .. R "i ON '111 s' x, 0� II I I f (0 0. t.52' "RD I 1�:11 0 1 4:50 0 1 "nK 4 111�11111 C W1111, t,,! 112 OF' I! 1 7 �,z, 6,/, T 1, J11 Il". A LOIS 10 11 01 (11 OF' S& ?LUG, SE 31 G, t` NO, 2`0 0, �5, 6, PIG, 5.,,',-, 14 t,:Alfr�%�:� ph?1), 11('�, Ill 9 9 OF L) (OR jj� 07' COI NE-7 ?00 Sb� 81" c0l. t/MlIk"I ,Jo j\j0,0',1()0"0i0'1j 0 �p �� �,� �` wJ � oa a xNwr•m' ly '� !�V ," I ,,� � � � x (O.oV-1, 7r 00,rla 20 0 '1 alo 4-17 1 "14' 1 �4' 6 ' I i i� �I� -gip' J�P "","NX j Vi" ers\0wrhr\Desktop\0RC Office Expanisilon\Harrison V'ar c: \Us lan, el 9 0 04r�et.dwg ocale 71 pm*mmw zu SHT. INO. VARIANCE, REQUEST L,� L - — ------ - - INC. PROJECT NAME: 890 21 st Street Consulting EYINneers and Land Surveyors Beaumont, T,X 77706 14,05 CORNERSTONE COURT, BEAUMONT, TEXAS, , PH (409) 832-7238 FAX (109) 832. - 7303 T.B.P.E. FIRM, #1160 * T.X.L.S. FIRM #100,186 0 COPYRIGHT 2024 FITTZ & SHIPMAN, IN'C. DATE: Mar 14, 2024 ile PZ2024-176: To consider a request for a Variance to the minimurn side yard setback, q tllq��Iq ipplicant. Daniel Dotson with Fittz and Shipman, Inc ocation: 890 21,'t Street 0 1010 200 Feet