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Home My WebLink AboutPZ2024-75DATE: Apd\4,3UI4 TO: Board of Adjustment FROM: Elayna Luckey, Planner I SUBJECT: Toconsider arequest for eVariance tothe min|mumside yard setback requirements for an accessory structure. FILE: PZ2024-75 STAFF REPORT 0ma Lovett, is requesti ngava ri a nce f o rthe prope rty|ocated at3410 Mcane |lyDrive. Th is prope rty\nitia|h received abuilding permit to construct asingle-family home. Aroutine inspection was conducted March 12, 2024, it was noticed anaccessory buUd\ng was built vithoutproper permits and assuchastop work order was posted. The applicant applied for an accessory building permit and the submitted survey revealed the accessory structure was placed 2.12' from the eastern side yard property line, The property iszoned R' (Residential Single -Family DweUim). Section 28.0S.O24(c)(17)(R)ofthe City of Beaumont Code ofOrdinances states., "'accessory structures to be located inrear mside yards and can be locoted as close as two and one-halffeetfrom the rear or interior side lot lines". Therefore, the applicant The appkant shall have the burden of proof to demonstrate that all threre conditions necessary for approval have been met - A) That the granting of the Variance will not be contrary to the public interest; E8 That literal enfonzmentoftheordlnancevNUresukinunnecessaryhamshipbecausoof exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific pilece of property in question. "Unnecessary hand|cao"shaUmzanphysicalhardshiprelatingtothepropertyltse|[ ThefoDowingmaya|sobecons|deredwhendetermin[ng"unnecessaryhandicap^� NThe cost of compliance with the zoning ordinance is greater than fifty (50)percent of the appraised value of the structure as shown an the most recent certified appraisal roll; UU[ompliance would result inaloss to the lot on which the structure is located of at least twenty-five (25) percent of the area an 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; (k)Compliance would result inthe Unreasonable encroachment onan adjacent property or easement; or (v)The city considers the structure tobeanonconforming structuoe. 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; [] That bmgranting iheVariance, thespidt of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 - Responses inFavor . Responses lnOpposition . LEGAL DESCRIPTION Being Lot 19, Block 3, Mcand\y Place Addition, Beaumont Jefferson [ounty, Texas, containing 0.37 acres more orless. EAST: Residential SOUTH: Residential Drainage COMPREHENSIVE PLAN: DRAINAGE: SANITARY SEWER SERVICE: 0maLovet 0rnaKLovett Sr 541OMcandk/Drive KS (Residential Single Family) -O.37acres Under Development Residential X—AreadeLerminedtobeouts|detheSOO' yearflood plain SURROUNDING ZONING: R5(Residential Single Family) RS RS NA Low Density Rural Areas Plant Road — Major [oUector-Suburbanvvitha6O'right- of-way and 22' pavement width. Mcanelly Drive — Local Street with aGO'righi+zf-w/ay a.nd 1@`pavement width. open ditch G"water line onW4cane||yDrive. O"sanitary sewer line onMcaneUyDrive. PROPERTY TY WNEi NOTICES SENTWITHIN 001 CALLAS DAMES R ABBA DESIGN BUILD SMART INC THRIVE M A S ENTERPRISES l.LC LARA CARLOS AND NQLAND MARGARE7 NOLAND LARRY DAWSON WELCH WiLLIAM M GOODLY PAUL M &FOLLY AtVN F JACOBS JOKY R SAMUEL l.Oftl WATSON 13RIEN MARCUS KNUPPLE WII.LIAM E3RYANT (TD) JONES DEBORAH JEWEL UDI PROPERTY SERAFINO ALESS AIVN (LIFE ESTATE) MCANELLY JESSICA N ETAL BE Ali M O NT Planning & Community Development Case Type:Planning and Zoning Case Status- REVIEW Case Sub Type: Variance Tag Name: Storage Building Case #: PZ2024-75 Initiated On: 311412024 9:12:15AM Location: 5410 MCANELLY DR, BEAUMONT, TX Individuals listed on the record: Applicant Kirna Lovett 5225 Wildwood Dr Beaumont, TX 77708 Agent Kima Lovett 5225 Wildwood Dr Beaumont, TX 77708 Property Owner Home Phone- 409-455-1399 Work Phone: Cell Phone: 409-455-1399 E-Mail: kimalovett@grnaii.com Horne Phone: 409-455-1399 Work Phone: Celi Phone: 409-455-1399 E.-Mail: kimalovett@gmail.coni lima Lovett Home Phone: 409-465-1399 5225 Wildwood Dr Work Phone: Beaumont, TX 77708 Cell Phone: 409-455-1399 E-Mail: kimalovett@gmaii.corn 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 resuit in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Storage Building ariance No the variance will not be contrary the public's interest No unnecessary hardship will come from this variance Yes Case Type: Planning and Zoning Case #: PZ2024-75 Page 1 of I Printed On: 3/14/2024 March 13, 2024 KIMA LOVETT SR. 5225 WILDWOOD D. BEAUMONT, TX 77708 (409) 455-1399 kir'nalovettftmail-com To whom it may concern., I am writing to formally request a variance for the setback requirements for the construction , of an accessory building oil the property located at 5410 McAhell y Dr, Beaumont, Tx 77708. the reason for this variance request is due to the city requirement of a 2.50-foot setback from the property line, while the proposed accessory building would have a setback of 2.27 feet from the property line, The minor variation from the setback requirement is necessary in order to optimize the use of the available space on the property while still maintaining a reasonable distance from the property line. The slight encroachment of 0.23 feet from the required setback is not expected to pose any significant issues or concerns with regards to neighboring properties or the overall aesthetics of the area. I assure you that the construction of the accessory building will adhere to all other relevant regulations and "idelines to ensure the safety, integrity, and compliance of the structure. The k-j ri n variance request is being made in good faith and w1ith the *ntention of respo sibly util1 zi g the property without causing any adverse impacts on the surrounding environment. I kindly request that the city platming department consider granting the variance for the setback requirement based on the minimal deviation from the specified distance. The accessory building will serve as an outdoor storage facility. This building is intended to provide additional storage space for various items and equipment that are currently occupying indoor areas or that do not have a designated storage location. By utilizing the accessoi-y building for storage purposes, we aim to free up space within the main structure and improve organization and efficiency in managing belongings. The outdoor storage building will be used to store items such as tools, equipment, seasonal 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 con stiucted in compliance with all relevant regulations and guidelines to ensure that it is safe, see -Lire, and aesthetically pleasing. We are con-imitted to maintaining the property in a responsible and respectful manner. If you have any concerns or require further Information about the purpose or collstructioll of the accessory building, please do not fie sitate to contact us. We appreciate your under standilIg and Cooperation as we work to improve the property. Than you for your attention to this matter. Sincerely, 666—H' 'ON 1111 LLI 2� IL 16,1 ■oq I 00 Lj 0 0 c4 o Wal? 3,,OE,g � oO OS G N :I N, tu C5 m cal C) 9 B:: m U- C3 Ln 0 fo in 11 0 0 -Do 0 Cl -9 t 0 0 0 00 rLm I Ll -u 0 0 2 4. 4-d C) 0'D 00 ci C) t to xj N -', L E! 0 v Lo - " o . o--L 5- Um 0 in cx 13 13 C3 I a 6L >. 0 E 0 cp CC3) fD cs 0 E -,u Ca E tj 'a 0 0 -e S z a ' IL in i< 0 :J o 2 -I-- P V E ..- L-- LS �c 0 v Q Do 0 m 0 -! 5- C 0 a') C.) CL Cl .9� F r4 0 Ln n Cy nW_ b, on w E0 CO C.) In w F, —1 LU LU z cl Ld 4�k cl A cn Li Li L,lo Li to all C� OL C:) 91 OL Ef) Co w ul F- C) its.U) L: 0 mzcj I P ED o 1-- L�L < ca 00 08 w C) CD tn LA CD Lid P ro 04 0LiJ 0 cc: 0 10 mww 0 z cl� Q Z:) o 5 F- Ld C) fn oz:< a C3 LiJ LLJ fkf p:j La C-9 2: t p File PZ2024-75: To consider a request for a Variance to the minimum side yard setback requirement for an accessory structure. Applicant: Kima Lovett Location: 5410 Mcanelly Drive 0 100 200 I I I Feet 711AW 41 Zi! C 4w dw 4L