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Home My WebLink AboutPZ2024-76DATE: April 4, 2024 TO: Board ofAdjustment FROM: EbvnaLuckey Planner SUBJECT: To consider a request for a Variance to the minimum side yard setback requirements in the Neighborhood Design OvedayDistrlct. Daniel Dotson with Fitt and Shipman, Inc onbehalf ofCraig Ruper�lisrequesting aVariance ioaside yard setback for the property located at89O215tStreet. The property iszoned R-S(Residential Single -Family Dwelling) and located within the Neighborhood Design Overlay District, which requires a mininiurn side yard setback of10'for exter|orcornerlots abuUinganaaryard.The appUcantisrequestinQihee:tedorsideyand setback be redUced from 10'to V to allow for construction of an addition to an existing garage and constructionofa covered patio. The proposed addition will tie into the existing garage that also sits 1.16" from the exterior side property line. Section28.03.022 of theCity"s Code of Ordinances states, 'the purpose of the Neighborhood Design Overlay District bto provide 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) Tbstabilize property values; (3)To prevent the construction of building ofosize and scale not compatible with the established built character of the district."' 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 orexcept1ooa< 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. ThefoUowingmaya|sobeconsideredw/hendeterm\ning^unnecessaryhendicap^: (i)The cost ofcompUancewit hthezonin@urd|nanceis0reaterthanfiftv(5O)percent ofthe -aisal roll; appraised value of the structure as shown on the most recent certified appi UU Compliance would result in a loss to the lot on which the structure is located of at least (111) Compliance would result in the Structure not it) compliance with a requirement of another city ordinance, building code, or other requirement; Ov) Compliance would result in the unreasonable encroachment on an adjacent property or easement.; or M The city considers the structure to beanonconforming structure. As distinguished frornahardship relating to convenience mcaprice, and the hardship Must not result homthe applicant's orproperty mwne/sown actions; [1 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 17 - Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being all of Lot 13 and the Northern half of Lot 12, Block lG Calder Mace Addition, Beaumont, Jefferson Counb6Texas, containing O.Z5Qacres, more orless. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Daniel Dotson PROPERTY OWNER, Craig Rupert LOCATION: 890 21-'t Street EXISTING ZONING: RS (Residential Single Family) PROPERTY SIZE: "0.258 acres EXISTING LAND USES* Residential, FLOOD HAZARD ZONE: X — Area determined to be outside the 5 00- year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family) EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSiVI PLAN, Stable areas STREETS: Harrison Street — Local Street with a 60' right-of-way and 2.2' pavement width. 2-1st Street — Local Street with a 60' right-of-way and 25' pavement width. DRAINAGE: Curb and gutter. WATER: 6P water line on Harrison Street, SANITARY SEWER SERVICE: 6 J1 sanitary sewer line in alley on 21.-t PROPERTY OWNER NOTICES SENT WITHIN 2001 SHAJARI CHARLES & IATHLEEN MCDNALD MARC D VIC REYN MCD NALD MARC D VIC REYNA RU PERT CRAIG J &TRISHA T }UPS D1dlllI HT M BRUSARD RYAN & PAM BARNETT PATIENCE L PARIVIER SARAH H & DA1 I D N SANCHEZ JACI ELIN YVETTE STEVENSON A T DD I RISTI A FA CARD ALFRED MARKHAM VI RETT MARY ELLEN QUICK MCCLEAN JENNIFER HARRIS RNALD & JAiIE STOKES MEREDITH BATTA LIA P H I L'LI P ET UX B EAV MC3 NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Setback Varlance Request Case #: PZ2024-76 Initiated On: 3/14/2024 4:40-08PM Location: 890 21 ST ST, BEAUMONT, 77706 Individuals listed on the record. - Applicant Daniel Dotson Home Phone- 4098327238 1405 Cornerston Court Work Phone: Beaumont, TX 77706 Cell Phone: 4098327238 E-Maii: ddotson@fittzshipman.carn Agent Daniel Dotson Home Phone: 1405 Cornerston Court Work Phone: Beaumont, TX 77706 Cell Phone: E-Mail: ddotson@flttzshipman.corn Property Owner Craig Ru pet Horne Phone: 890 21 st street Work Phone: Beaurnont, tx 77706 Cell Phone: E-Mail: 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 result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Lot 13 & N. 1/2 of Lot 12 block 6 Variance The current home and other residences in the area are currently located within the setback. The building addition to the existing residence is not possible because the existing house is located in the setback. Granting the variance will maintain the current standards as the existing house and other houses ins the area. Case Type: Planning and Zoning Case It: PZ2024-76 Page I of 1 Printed On: 3/1512024 Fittz & Shipman INC. Ronald D. Flittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Senior Consultant Bernardino D. Tristan, P.E., Chief Executive Officer March 1412024 Mr, Chi -is Boone Planning Department City of Beaumont P. 0. Box 3287 Beaumont, Texas 77701 R. E: 890 211t Street Variance Request Dear Mr. Boone, Consulting Engineei-s and Land Sui-veyoiw Daniel A. Dotson, P.E., President Donald R. King, P.E., Vice President We are applying for a variance to the side setback for the property located at 890 216t Street in Beaurnont Texas. The existing house is located in the setback and the Owner is requesting to construct an addition to the house. The only way to achieve the addition is to connect to the existing structure which is currently built within the side setback along Harrison Ave. There are several existing houses in the neighborhood that have been construction similar to this house and are also located within this setback. Therefore it is our opinion that the construction of the building addition to the existing house within the side setback will confirm to the same standards and look as the other homes in the area. Please contact me regarding questions or comments. Sincerely, Shi pm n -Inc by: DanieTbotson, P.E., Project Engineer for the Firm 1405 Cornerstone Court - Beaumont, Texas 77706 - (409) 832-7238 - Fax (409) 832-7303 Texos Beard o f Professional Eng in eers Firm 1o. 7 760 - Texas B o o rd of Protessio n o I L ai i d Surveyo rs Firm No, 70 0 186 Of if J_ 1J. 1-1 t/ �S, 0 `7 UNA1311-- 1*0 Fib/0 OR W F. I IF, Tc _0161. POST 10' 1) 11/ 11 Y I N4 AP N1 0, �j.l VOL A9V P'.0k, V-19 1 07' .1, A/ .1 Ir" CI]` �. a- R % I) . 41 1.16 'j?"A 6 A. 5 ' Xn6 5/ Id Y 00 AV /A" ARI A� 9_11 y mod' ': 1 1' 9 01 If Mc x Mfy n� 7 F 14, 6' _* -""F Al 0 U1 i-A CY) Ire � .10 vr U-) 41&1 3.5 C0 WOOD & r v1W. '10ENCE S- 4_11Y M_-= =3 ON f-1/1-RkS I Q DTI r n -v) 0 '130 OF L 4 is 89 a 10,,3'1 C) ALL or LOTS 10 THEOF 0 WDONALD 'LDG,, SE, B-ACK 56o PG, 534- GeF, NO, 20041 J, PG 199 OPRIC (6 U TEO: CNORERrLA►' FA OR SET CORNER I. ROD STAMP 8RICK COLUMN ivovoo 001 It' 4L [W N00n- F BRICK COLUMN (®rA.11 7rjo00) 20 0 (,AL L 15 0 49"17'14"Vv 1,4r), C-User onso\Harioriacdsktr)et.dwg 41 pm \C 2 A- it ra, 0 VARIANCE REQUEST F h 1 pmen INC. PROJECT NAME: 890 21st Street C1 Conm1fing Enowers and Land Surveyors Beaumont, TX 77706 1405 CORNERSTONE COURT, BEAUMONT, TEXAS PH (409) 832-7238 FAX (409) 832-7303 T.B. P.E. F1 R M 41160 e T.X. L. S. FIRM #100 186 COPYRIGHT 2024 Fffl7 HIPMAN, INC. DATE: Mar 14, 2024 He PZ2024-76: To consider a request for a Variance to the minimum side yard setback requirement in the Neighborhood Design Overlay District. Applicant: Daniel Dotson with Fitt z and Shipman, Inc Locations. 890 215t Street 0 100 200 F et