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HomeMy WebLinkAboutPZ2024-82DATE: May 2, 2024 TO: Board of Adjustment FROM: Elayna Luckey, Planner I SUBJECT: To consider a request for a Variance to the minimum side yard setback requirementsin commercial zoning district. FILE: PZ2024'82 STAFF REPORT Luis Alfambrequesting avariance for the property located at 3735Nata|ie street. Section 28.03.024(b)(2) of the City ofBeaumont Code nfOrdinances District area and Height table provides aminimum side yard setback requirement of five (5) feet for properties abutting other commercial zoning districts. The applicant reque$stherequired sideyandsetback bereducedf rnm5'to1'toe|low for anadd|tionconstrucLedwith out the benefit ofenapproved Building Permit orVar|ano�toremain. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A] That the granting ofthe Variance will not becontrary tothe public interest; B) That literal enforcementoftheordinancevviUnesukinunnecessaryhardshipbecauseof exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional physical situation or hardship physical condition unique to the specific piece of property in question. ~Unnzcessaryhandjcao"shall mean physical hardship relating tothe property itself. The foUowinAmay also beconsidered when determining "unnecessary handicao~� (i) The 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; UU 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 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) Compliance would result in the Unreasonable encroachment on an adjacent property or easement; or (v)The city considers the structure tobeanonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must not O That by granting the Variance, the spirit of the ordinance will be observed and substantial justice GENERAL INFORMATION/PUBLIC UTILITIES FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Commercial SOUTH: Multi Family WEST: Residential COMPREHENSIVE PLAN* DRAINAGE: LuisAlfamo Luis/Wfapo S75SNatalie Street GCMD(General Commercial -Multiple Family Dwelling) "0.207acres Residential X—Area determined tobeoutside the 5OO' yearUoodp|ain GCMD RCR Conservation Revitalization Areas Natalie Street — Local Street with, 6[Yhght-of-vvayand 26' pavement width open ditch Z.2S"water line on Natalie Street. PROPERTY OWNER NOTICES EI T WITHIN 01 CERIL HENRY &. HELE PEREZ LUIS MIUEL ALEAR AVAI D INVESTMENTS LLC BLTN FRANK B LTO N FRANK E MASON PROPERTIES &c INVESTMENTS EDLE HENRY & FAITH E BDLE HENRY &r FAITH MOUTON CHARLES & BEi E LY BLE FAITH MOUTON CHARLES WJR & BEVERLY WILRID E BODAH AU USTUS HLST GILES BULLOCH & RBERTA BEAUMC3NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Addition to home Case #: P72024-82 Initiated On-, 3/1912024 7:18:06PM Location: 3735 NATALIE ST, BEAUMONT, 77705 Individuals listed on the record: Applicant Luis Alfaro Home Phone: 4099980824 3735 Natalie st Work Phone: Beaumont, TX 77705 Cell Phone: 4099986754 E-hail: Maricelacastillo627@gmail.com Agent Luis Alfaro Home Phone: 4099980824 3735 Natalie st Work Phone: Beaumont, TX 77705 Celi Phone: 4099986754 E-Mail: Maricelacastillo627@gniail.com Property Owner Luis Alfaro Home Phone: 4099980824 3735 Natalie st Work Phone: Beaumont, TX 77705 Cell Phone: 4099986754 E-Mail: Maricelacastillo627@gmaii.coni Legal Description HACKETT L3 134 N112 L4 134 Type of Variance: 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. - asking for a addition to the home be closer to property line, neighbor is in agreement with the construction. The addition will take a take a monitory toll in our family since the construction is already in place the addition will help increase property value to the home Case Type- Planning and Zoning Page I of I Case #: PZ2024-82 Printed On: 4/3/2024 I Luis Atfaro applied for a variance because I did a residential addition (laundry room) in which I was not aware I needed to pull a permit to do an addition to my home. I am applying fio see if I can keep that laundry room I added beacause I have already invested my time, and money into this and ii is completed. The reason I decided to add it is because the home did not have a laundry room, I consulted with my neighbor and he was okay with me doing it as well he told me it did not affect him in any way. Now I am just trying to comply with the city in getting the necessary permit and taking the necessary steps to be able to keep that addition, if I can keep it, it would help me clot too, the house would also increase value. I did not have any bad intention, I talked with my neighbor as well and nobody mentioned any permits I was not aware, as this is my first home. I would really like to have this resolved so I can move in, with my family, that is why I am applying for the variance, and from now on I will be consulting with the City of Beaumont for any type of work I would do to my home. Att: Luis Miguel Alfaro Perez yo a a I Ut U_rL VLlri.u.0Ce pOr - tr?o e .--- -vnu_ IA i. -,(ua) 00 66 bl& & I �a,�udar!SaGu.r- po(M ctra ha("Cr QA�Fay-- CkO li (a 0 W%op 4h PAN y e,5d d can c� __Ona el O/L C0L—lnj__-Cus— 10 v,-eAl �; _ _pure v�c�_ s�_ 1u�v�.��--61 r jJor�. ��Y�._�_y_�,�ry � )v4f 1 P? �u i) a d �Cl C-r7 y ,�u CS � `t- �-e r� u, �_o_ � � �6_ rx 9 �ra 6 (it OL- no -lac � �� --- � _ j� r 9r.-e _I �t- - _Cu s a ._ � 1 uvc'i r_� a y q A��-- Cl GBl l 4P p la- o P4 _.— --- - --�� 9� - ��" _e � �s�bs b� erg_, tic �� v me dojo 1� 0� ! p 8 rm l_ S_O_ G1 I?'I I YeCll'71J_ -- - yc.�nese�r�lu a 5�/ gInIl c55 o -�Sfa�� _- C�`e_��a �u.�a„ �to , I e fee) d-o - - �_. t�e�ar Aura �nolLe�`'��V 4 - Zvi -� w � A— 10 _jlon g Ila --9 va ,� �; r d.�--- - - - n i?/ - --- �i x YL, e l v u_! or d.� ��s�subF r�r�. No n( )/0hI-e---eci I �af`n�r�c�U�,_ C4su __ ' --Ala o�y.^ Con mi -Y 0 vPc_��no q un ciL _q L v,� ,�D �n �. G._ _ � 1 CO n d Gi�Y�,� -- anadr ci on P4 q -- q�.�e SaCc�r de qve Sr ---k—v14 u __ -- -- y-j e- m i 5 c),s poYat. e -es M-t cotra p6dto, -esa --rarwrL n�.� C_r�s_�.:t/_ _ _-- -- —__ _ . c (jyl va rl 1 a- �?-e qq�,. ^� _ e O)Cu_A0ora L#L ido e r � �S% �'�� �t_c��f u q z vo k _h_car 1 � � ---Y?� d h(Al A 1.6 o I u mb4 --=Now File PZ2024-82: To consider a request for a Variance to the minimum side yard setback requirements in a commercial zoning district. Applicant: Luis Alfaro Location: 3735 Natalie Street 0 100 Ii Feet Legend PZ2024-82 -g /10 L L .1 1% NL p. ARCr-R > '00 44, 400-� 'G,C AM D R,O R,�-- I M 4f M R P RCR 1 41 r OF R-S