HomeMy WebLinkAbout 4/2/2009 Zoning & Adjustment Public HearingCity of Port Arthur
Zoning Board of Adjustment
and Appeals
Public Hearing
April 2, 2009
Cite oaf
Planning Departme~st
P. O. Box 1089
Port Arthur, Texa:a 77640
(409) 9Et3-8135
(409) 983-8137 fax
paplanning~a,portart.hur. net
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CITY OF PORT ARTHUR ~~ ~ ~ ~-= -
PLANNING AND COMMUNITY Crrti•~,~ ~~~r ~~rf~' -`"
DEVELOPMENT DEPARTMENT l`~~, ~~, ~j ~ ;
P.O. Box. 1089 ort rthu~r"~
Port Arthur, TX 77641-1089
409-983-8135 Fax 409-98 3-8137 Tc~.xr~s
TO: City of Port Arthur Zoning Board of Adjustment (ZBA) Members
FROM: Colleen Russell, Director of Planning
DATE: March 25, 2009
SUBJECT: Apri12, 2009 -Zoning Board Meeting
The Port Arthur Zoning Board of .Adjustment will meet in regular session at 5:30 p.nn.,
Thursday, April 2, 2009, in the City Council Chambers on the fifth floor of the City ]Hall.
The April 2°d agenda contains two applications.
Please make every effort to attend so that we may have a quorum. If for some reason you
cannot attend, please call me at 983-8135.
Enclosure
C: Colleen Russell, Director of Planning
John Comeaux, Assistant City Manager -Operations
Lawrence Baker, Director of Inspections & Code Enforcement
Derrick Holland, Senior Engineering Technician
Charles Shajari, Water Engineer
Mark Mulliner, Fire Marshall
AGENDA
CITY OF PORT ARTHUR
ZONING BOARD OF AD7USTMENT
THURSDAY, APRIL 2, 2009 5:30 P.M.
PUBLIC HEARING
CITY HALL - ST" FLOOR CONFERENCE ROOM
NOTICE OF TIME, PLACE AND SUBJECT OF A REGULAR MEETING OF THE PLANNING AND
ZONING COMMISSION OF THE CITY OF PORT ARTHUR.
NOTICE IS HEREBY GIVEN, PURSUANT TO SECTION 211.008-014, LOCAL GOVERNMEINT
CODE, AND SECTION 25 OF THE CITY CODE - THAT A REGULAR MEETING OF TIHE
ZONING BOARD OF ADJUSTMENT OF THE CITY OF PORT ARTHUR, TEXAS WILL. BE HELD
ON THURSDAY, APRIL 2, 2009 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, !,T"
FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS.
I. ROLL CALL.
II. MINUTES
MOTION REQUIRED
III. B09-O1 - D. SCOTT - N. 70' OF LOT 12, BLOCK 497, CITY OF PORT ARTHUR,
1415 BEAUMONT AVENUE. VARIANCE FOR:
LOCATION CURRENT REQUIRED DEFICIENCY
1415 BEAUMONT ST. 50 X 70 50 X 100 REAR/FRONTAGE
IV. B09-02 - RUACH MINISTRIES INTERNATIONAL -LOT 12, BLOCK 171, CITY OF
PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 2649 PROCTER STREET. VARIANCE
FOR:
LOCATION CURRENT REQUIRED DEFICIENCY
2649 PROCTER ST. 50 X 140 5 FT. SIDE SIDE LESS THAW
SETBACKS 5 FT.
(NO STRUCTURES ARE ON EITHER SIDE OF - RAUCH MINISTRIES INTERNATIONAL
- NORTH OF PROCTER STREET AND EAST OF FLORIDA -AKA LOT 12, BLOCK 171,
CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS)
V. REPORT FROM DIRECTOR
VI. FUTURE AGENDA ITEMS
VII. AD3SURNMEOlT
COLLEEN~RU SELL, ~ P
DIRECTOR O PLANK G
DATE AND TIME POSTED, MONDAY, MARCH 23, 2009. AT NOON.
MINUTES
City of Port Arthur
Zoning Board of Adjustment and Appeals
Thursday, July 17, 2008
Regular Meeting
CITY HALL - 5T" FLOOR CONFERENCE ROOM
I. Roll Call -John Clayton, Desiree Edwards, Hoa Dinh, Eddie Scaggs were present to
constitute the necessary quorum. Staff Members present: Planning Director Colleen
Russell
II. Minutes - No minutes were available from the previous meeting.
III. B08-03A, B08-03B, B08-03C (Public Hearing on each followed by Motion
required on each)
A. B08-03A -- M. Delmar -Lot 27, Block 6, 0.115 acres, Roosevelt Addition, A-56850 (1033 W.
Procter St.) Variance for 10-foot deficit in lot width - i.e. lot is 40 ft. wide instead of the
required minimum width of 50 feet.
Motion to approve was made by John Clayton; seconded by Eddie Scaggs: Item approved
unanimously.
B. B08-03B -~ H & P Glover - A portion of Lot 5, Block 42, 0.11 acres out of Port Arthur Land
Management A-53400 208 11th Street -Variance for 16.8-foot deficit in lot width - i.e. lot:
is only 33.6 feet wide instead of the required 50-foot lot width. There was extensive
discussion concerning property owner's disappointment in the resulting width of the new
construction to replace her home that received more than 50 percent damage from
Hurricane Rita. Ms. Russell explained that the existing rules mandated that she receive a
newly constructed home instead of the repair of her existing home, which did not meet any
of the current setback requirements, not to mention the less-than-standard lot width. After
consideration, Ms. Glover decided to accept the new requirements for a new construction
home.
Motion to approve the variance was made by John Clayton; seconded by Eddie Scagl;s: Item
approved unanimously.
C. B08-03C - C. White -Lot 15, Block 17, 0.124 acres of the Pasenda Addition A-S 1050 (805
Rio Grande Ave.) Variance for 10-foot deficit in lot width - 40 feet instead of they 50-foott
minimum width. This deficient-width lot was not discovered until after the house was
framed up. A neighbor voiced a complaint about the distance the house was setback. from the
front property line. He said that the new construction was closer to the street than the other
houses on the block, which made it very difficult to see the other houses so as to help keep
an eye out for their neighbors. It was explained that while the minimum front yard :>etback is
20 feet, the new construction actually has a 26-foot setback, thus making the house further
from the street than required by the ordinance. The neighbors were not happy and wanted
the house to be reconstructed in order to conform to their desires. After further discussion, 'it
was decided that it would take much more effort to reconstruct the new construction than it:
would for the neighbors to walk to the front of their front porch in order to see the other
houses on the block.
Motion to approve the variance was made by John Clayton; seconded by Eddie Scaggs: Item
approved unanimously.
IV. B08-04 -Port Cities Rescue Mission -Lot 13, Block 114, A-53400, 0.161 acre out of PAL,CO,
Port Arthur, Jefferson County, Texas. Setback of 5 feet on either side is required. Storage
buildings were erected in a manner that did not meet the required 5-foot side yard setb2ick.
Commissioner John Clayton moved to grant the variance; Commissioner Eddie Scaggs
seconded the motion. Variance was approved unanimously.
V. B08-05 -The Felix's Carport -Lot 13, Block 22, 0.209 acre out of Palomar Section One (1),
Part Two (2), Port Arthur, Jefferson County, Texas: A frontage setback variance for
approximately 8 feet is required. Ms. Russell explained that an old survey was used at first
that was incorrect. The problems were not discovered until a new survey became available
and the setback discrepancies became apparent, showing that the front yard setback was
actually only 12.5 feet from the property line. Ms. Russell said that the law allowed a
variance to be granted if at least three criteria were met:
A. A variance is necessary to permit the applicant the same rights in the use of this property
that are presently enjoyed under the ordinance by other properties in the vicinity and zone.
B. The granting of the variance on the specific property will not adversely affect the land use
pattern as outlined by the land use plan and that it will not adversely affect any other feature
of the Comprehensive Plan of the City of Port Arthur.
C. The variance if granted will be no material detriment to the public welfare or injury to use,
enjoyment or value of the property in the vicinity. ~--~
Commissioner John Clayton moved to grant the variance; Commissioner Eddie Scaggs seconded
the motion. Variance was approved unanimously.
VI. Report from Director
Ms. Russell explained some of the requirements of the new commissioners' positions. She added
that training will be available on the following Monday at 5:30 p.m. with the P&Z Commissioners.
Commissioner Hoa Dinh asked that future meetings be held at 5 p.m. instead of 4 p.m.
VII. Meeting Adjourned
Minutes Approved:
Colleen Russell
Secretary to the Commission
INTEROFFICE MEMORANDUM
To: THE ZONING BOARD OF ADJUSTMENT
FROM: COLLEE:I~ RUSSELL ,DIRECTOR OF PLANNING
susJECT: VARIANCES ON LAND SLATED FOR CHURCH EXPANSION (B09-01)
DATE: 03/25/09
BACKGROUND:
The Board of Adjustment is being asked to consider a variance for the following
lot(s)/tract(s) in the City of Port Arthur, Jefferson County, Texas.
VARIANCES WILL BE ON THE FOLLOWING LOT:
LOCATION CURRENT REQUIRED DEFICIENCY
1415 BEAUMONT ST. 50 X 70 50 X 100 20FT. FRONTAL /10 FT REAR ,,
SETBACK
This site is located west of Beaumont and south of 14th Street. The property belongs to
Dorothy Scott. It is AKA N.70 foot of Lot 12, Block 497, in the City of Port Arthur
The zoning is " 2F" two-family or duplex housing. The zoning will remain unchanged.
Notices were sent out in compliance with the Texas Local Government Code Section 211
more than 15 days prior to the ~ublic hearing, as well as the publication being done on
March 8th 2009, for the Apri12" meeting
Applicant --Dorothy Scott
Owner -- Dorothy Scott
RECOMMENDATION:
Staff has no objections to this request as the owner wishes to rebuild her house, while
there will be Building Code compliance as to the number of rooms and other structural
amenities, the land compliance of 50 x 100 cannot be met; hence, neither can the required
setbacks be complied with due to the deficiency of the depth of the land.
1
1415 BEAUMONT ST.
Many residential lots downtown or older than 40 years encounter this problem when
houses have to be build to Code as the size of the house is not comparable to the setback
requirements. The frontal setback may be up to 8 feet deficient and the back greater than
four or equal to five feet instead often feet.
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
The Zoning Boazd of Adjustment is requested to reduce the rear and frontal set backks to
allow for a two room, one bathroom house. The 5 foot set backs on either side will be in
compliance. The City has no problems with the request. Other lots with similaz situations
will not meet the Code due to with insufficient lot depth; therefore, setbacks willl not
conform to the Subdivision/ Zoning Ordinances. Nevertheless, a legal request to waiver
the side setbacks is being made prior to the reconstruction of the house, as required by
zoning law.
CLIENT: RANDY MALOUF BUILDER
SCALE: Y ~ 30'
P. A, L. CO. NORTH
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- _ 70.00' N. 70' OF
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REF. LINE = S 48'47'00' E 70.00'
BEAUMONT AVENUE
( 70' R.o.w. )
LEGEND
D = POINT FOR CORNER
~~-
ALL INTERIOR ANGLES = 90'
DESCRIPTION OF SERVICES: PLOT PLAN (~~
SURVEYOR'S CERTIFICATION:
The undersigned does hereby certify that this survey was this day 2/24/09 made on the ground of
the property legally described hereon and is correct, and that there are no discrepancies, conflicts, shortages of area,
boundary line conflicts, encroachments, overlapping of improvements, easements or right of way, except as shows
hereon and that said property hen nccess to end from a dedlcnted roadway.
The above tract being located at 1415 BEAUMONT AVENUE PORT ARTH R TEXA 77640
and being described ea N. 70' OF LOT 12. BLK. 497. CITY OF PORT ARTH~I R
as recorded in Volume ~_, Page(s)_,2~of the MAP Records of JEFFERSON County, Texas. In accordance
with the Flood Insurance Rate Mep of the Federal Emergency lfsaagement Agency, map reference shown, the subject
tract lies in the flood zone noted. Location on map was determined by scale. Actual field elevation not determined,
unless requested. SOUTEX SURVEYORS, Inc.,doea sot warrant nor subacribo to the accuracy or scale of said map
This survey is certified for this transaction only; it is not transferable to additional institutions or subsequent owners.
NOTE:
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1415 Beaumont st., port arthur, tx 77640 -Google Maps
Address 1415 Beaumont Ave
~~ ~ ,~ ~~ Port Arthur, TX 77640
Maps
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http J/maps.google.com/maps'?~q&source=s_q&hl=en&geocode=&q=1415+beaumont+st.,+port+... 3/26/2009
INTEROFFICE MEMORANDUM
To: THE ZONING BOARD OF ADJUSTMENT
FxoM: COLLEEN RUSSELL ,DIRECTOR OF PLANNING
susJECr: VARIANCES ON LAND SLATED FOR CHURCH EXPANSION (B09-02)
DATE: 03/25/09
BACgGROUND:
The Board of Adjustment is being asked to consider a variance for the following
lot(s)/tract(s) in the City of Port Arthur, Jefferson County, Texas.
VARIANCES WILL BE ON THE FOLLOWING LOT:
LOCATION CURRENT REOU[RED DEFICIENCY
2649 PROCTER ST. 50 x 140 55 x 140 SFT. SIDES BECOME 3 FT
This site is located west of Florida and north of Procter. It belongs to Rauch Ministries
International, 2649 Procter Street, Port Arthur, Texas 77640. The zoning varies as there
is "MF" Multi-family by the frontal half and "LC" Light Commercial is the back half.
Notices were sent out in compliance with the Texas Local Government Code Section 211
as well as the publication being done on March 30, for the April 2nd meeting more than
15 days prior to the public hearing
Applicant -Glenn Alexander Owner -Rauch Ministries International
RECOMMENDATION:
Staff has no objections to this request due to the reuse of an older structure that v~~ould
have been vacant and a nuisance. In addition, the hardship is to expand membership of
the church and not be in violation of fire building codes; the building is to be expanded
on the sides. The adjacent property owners can either not be located, or do not desiire to
sell. The properties on either side are vacant or abandon. The wall shall be in accordance
with Fire Codes as to the one hour protection due to the closeness to the next property.
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
The Zoning Board of Adjustment is requested to reduce the 5 foot set backs on either side
that will not cause any ill effect because no vehicles would go by the sides anyway.. The
City has no problems with the request. When the expansion along the sides occur side
setbacks, will not conform to the Subdivision/ Zoning Ordinances. Nevertheless, a legal
request is being made prior to the expansion of the building to enable the congregation to
not be in violation of fire/building codes and to be able to exist within their means as
more land and a new building is not affordable for them. The city encourages the reuse of
vacant buildings to reduce vacancy and abandon properties throughout downtown
CLIEPdT: RUACH MINISTRIES INTERNATIONAL
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STEEL PIPE STEEL PIPE
In) = INTERIOR ANGLE _ PROCTER_ STREET
LT CORNER ANGLE (100' R.O.W. )
A 90'12'44"
B 89'59'01"
C 90'00'52"
D 89'47'23"
DESCRIPTION OF SERVICES: t_OCATE CORNERS AND SHOW IMPROVEMENTS
SURVEYOR'S CERTIFICATION:
The undersigned does hereby certify that this survey was this day 2/11/09 made on the ground of
the property legally described hereon and is correct, end that there ere no discrepnncies, conRicts, shortages of wren,
boundary line conflicts, encroachments, overlapping of improvements, easements or right of way, except es shown
hereon and that said property has access to and from a dedicated roadway.
The above tract being located at 2649 PROCTER STREET, PORT ARTHUR, TEXAS 77640
and being described as LOT 12. BLK- 171. CITY OF PORT ARTHUR
as recorded in Volume _1-_, Page(s)-ot the ~A~ Records of JEFFERSON County, Texas. In accordance
with the Flood Insurance Rate Map of the Federal Emergency Management Agency, map reference shown, the subject
tract lies in the flood zone noted. Location on map was determined by scale. Actual field elevation not determined,
unless requested. SOUTEX SURVEYORS, Inc.,does not warrant nor subscribe to the accuracy or scale of said map
This survey is certified for this transaction only; it is not tr able to additional institutions or subsequent owners.
NOTE: _
THIS SURVEY WAS PREPARED WITHOUT
THE BENEFIT OF A TITLE REPORT. ANTHONY M. LEGER
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5481
ENCROACHMENT NOTES:
1. 1-STORY MASONRY BLDG- ON CHAIN WALL do PIERS IS OVER P.L. 0.4' (RIGHT REAR)
2. COVD CONC. IS OVER P.L 0.4' (RIGHT REAR) ~ OF
FEMA Flood Zone: _f~
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Community Panel NO.: Q~ ~ ~fvS9
ANTHONY M.LEGER
485499-0035-E ~...~,_,",.
3737 Doctoas Drivo <~9 54Q 1 p~~
Panel Date: 4117 84 ~O,rr~'~r~iv PoriA~k6~~,T~xoaTl642 '~,t;~tilsst~.~'O~
Project No. 09-0121 1l ` 1 . n Te1.409.983.2004 ~ s ~ R ~ ~y
SURVEYORS Fax.409.983.2005
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L64y procter st., port arthur, tx 77640 - Google Maps
Address 2649 Procter St
~jQ ~) ~~ Port Arthur, TX 77640
Maps
Page 1 of 1
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phone at google.com/gmm .woo
http://maps.google.com/maps?f~&source=s q&h1=en&geocode=&q=2649+procter+st.,+port+art... 3/26/2009