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Home My WebLink About09.10.09 ZBACity of Port Arthur Zoning Board of Adjustment and Appeals Public Hearing September 10, 2009 Planning Department ~"°'~ P. O. Box 1089 Ciro ~f ~' Port Arthur, Texas 77640 (409) 983-8135 o r t n t h utter ,,_ (409) 983-8137 fax paplanning~,portarthur. net 1. Texas CITY OF PORT ARTHUR PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT P.O. Box 1089 Port Arthur, TX 77641-1089 409-983-8135 Fax 409-983-8137 TCI: City of Port Arthur Zoning Board of Adjustment (ZBA) Members FROM: Colleen Russell, Director of Planning DATE: August 31, 2009 SUBJECT: September 10, 2009 -Zoning Board Meeting The Port Arthur Zoning Board of Adjustment. & Appeals will meet in regular session at 5:30 p.m., Thursday, September 10, 2009, in the City Council Chambers on the fifth floor of the City Hall. The September 10th agenda contains four 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 ADJUSTMENT THURSDAY, SEPTEMBER 10, 2009 5:30 P.M. PUBLIC HEARING CITY HALL - 5TH 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 GOVERNMENT CODE, AND SECTION 25 OF THE CITY CODE - THAT A REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PORT ARTHUR, TEXAS WILL BE HELD ON THURSDAY, SEPTEMBER 10, 2(109 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5T" FLOOF~, 444 FOURTH STREET, PORT ARTHUR, TEXAS. ROLL CALL I1. MINUTES -July 30, 2009 MOTION REQUIRED I11. B09-10 - M. GARDNER -LOT 6, BLOCK 328, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 2700 18T" STREET (PROPERTY LOCATED NORTH OF GULFWAY DRIVE (STATE HIGHWAY 87) & EAST OF FLORIDA AVENUE), VARIANCE FOR: LOCATION URR T REQUIRED DEFICIENCY 270018T" STREET 50 x 140 60 x 140 10~ SIDE (FLORIDA AVENUE IV. B09-11 - J. SLY -LOT 12, BLOCK 62, CITY OF PORT ARTHUR, JEFFERSON COUNTY, 'TEXAS, 1247 8T" STREET (PROPERTY LOCATED NORTH OF 8T" STREET & WEST OF CHARLESTON AVENUE), VARIANCE FOR: LOCATION RRENT IR DEFICIENCY 1247 8T" STREET 50 X 140 60 x 140 10' SIDE (CHARLESTON AVENUE V VI. B09-12 - H. DAMS - N. 35' OF LOT 2, BLOCK 311, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 1536 DEQUEEN BOULEVARD (PROPERTY LOCATED EAST OF DEQUEEN BLVD. & NORTH OF 18T" STREET), VARIANCE FOR: LOCATION RR NT IR D DEFICIENCY 1536 DEQUEEN SO x 140 60 x 140 15' SIDE [ON EITHER BUILT SIDES B09-13 - 0. GUILLORY - A PORTION OF TRACT A, LOTS 5 & 6, BLOCK 203, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 648 ORANGE AVENUE (PROPERTY LOCATED SOUTH OF REV. RANSOM HOWARD STREET (A.K.A. 7T" STREET) & EAST OF ORANGE AVENUE), VARIANCE FOR: LOCATION 648 ORANGE AVE. VIII. REPORT FR VIII. FUTU E ! UR ANT CGLLEEN RUSSELL, CRP DIRECTOR OF PLANNING R T E 1 DEFICIENCY 48 x 100 58 x 100 10' SIDE (REVEREND RANSOM HOWARD STREET DATE AND TIME POSTED: FRIDAY SEPTEMBER 4.2009. AT 4:00 PM MINUTES City of Po-•t Arthur Zoning Board of Adjustment and Appeals Thursday, July 30, 2009 Public Hearing - 5:30 P.M. CITY HALL - 5T" FLOOR CONFERENCE ROOM I. Roll Call -Chairman, John Clayton convened the meeting. Commissioners present: Eddie Scaggs, Deral Segler, John Clayton, Lillie Williams (alternate), and Freddie Ruth Earl (alternate) were present to constitute the necessary quorum. StajfMembers present: Planning Director, Colleen Russell 11. Minutes -June 18, 2009 -Public Hearing Deral Segler made a motion to accept the rriinutes of June 18, 2009 as presented; Lillie Williams seconded the motion. Vote -All Yeas -- motion passed. 111. B09-09 (Public Hearing followed by Motion required) A. B09-09 -Aaron Spears -Lot 24, Block 5, Procter Terrace Addition, A-54350 (501 Sabine Avenue) Variance for 10-foot deficit in lot width - i.e. lot is currently 50 feet wide instead of the required 60-foot lot width. Speaking for: Nick Leiseth, SWM] Construction - 4507 Cannongate Drive, Spring, TX 77373 Speaking against: None Mr. Clayton asked if the property owner will be receiving athree-bedroom home. Mr. Leiseth responded "Yes" to the commission, he cilso added that the home will be a single fan;iily home. Mr. Segler made a motion to accept they staff recommendation to approve B09-09; Mr. Eddie Scaggs seconded the motion. Vote: All Yeas -Motion Passed IV. Report from Director - Ms. Russell inforred Commissioners of the two additional alternates appointed to the ZBA; Ms. Freddie Ruth Earl and Mr. George Boutte, Jr. Ms. Earl explained to Ms. Russell that the City Secretary's Office did not swear in Mr. Etoutte due to his name not being included in the resolution. Ms. Russell stated that she would contact the City Secretary's office regarding the mattes°. V. Future Agenda Items -Planning Departrr~ent will continue to receive additional variance requests similar to the previous request. Ms. Russell informed the Commissioners that in the future she will schedule a joint meeting with the Zoning Board and the Planning & Zoning Commission on the "Open Meetings Act". Each member will be required to sign-off to veriify that Video/DVD had been viewed and understood. VL. Meeting Adjourned John Clayton Chairman Colleen Russell Secretary to the Commission MinutE~s Approved: INTEROFFICE MEMORANDUM TO: THE ZONING BOARD OF ADJUSTMENT & APPEALS FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUB]ECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-10) DATE: 08/30/09 BACKGROUND: The Zoning Board of Adjustment & Appeals is being asked to consider a variance for the fo:'Ilowing lot(s)/tract(s) in the City of Port Arthur, Jefferson County, Texas. VARIANCE WILL BE ON THE FOLLOWING LOT: LOCATION CURRENT REQUIRED DEFICIENCY 27(10 18T" STREET SO x 140 fi0 X 140 10' SIDE (Florida Avenue) This site is located north of Gulfway Drive (State Highway 87) and east of Florida Avenue. I~t is also known as Lot 6, Block 328, A-053400 from the Port Arthur Land Company, Port Arthur, TX 77640- 39`.12. The zoning is "MF" Multi family. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on August 23, 2009, for the Sefitember 10, 2009 meeting more than 15 days prior to the public hearing. Applicant - R. M. Builders Owner -Marjorie Gardner RECOMMENDATION: Staff has no objections to this request to build a four bedroom and two bathroom house. ThE~ plan is wi~~er than it is for a narrow house hence, the encroachment of a proposed slab. Persons are homeless and the house has to be rebuilt to standlards -federal, state and local will be legally non- conforming. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: The Zoning Board of Adjustment is requested to reduce the 10 foot set back along Florida Avenue to about 5 feet. The City requests that fencing, shrubbery or trees and other components be less than 2 feE~t along the side of the property in question and not encroach on the property line or cause visibility problems. There shall be no shed or other buildings within this setback. C - T p~ - C F-+ C rt D ~ ~ _ ~ 0 ~ o W ~ 70 ' ~p oo •o ~ W J ~ ~ w N +~ ~! O~ C r D W ~ ~ 70 - - ; N n lr - I--+ ~ l--~ 00 tp ? ~ rn W ~ ~ °° ~ O ~ MARSHALL AVE. o W ~ .o W w EL PASO AVE. RECONSTRUCTION AT 2700 18T" STREET (NORTH OF GULFWAY DRIVE (S.H. 87) AND EAST OF FLORIDA AVENUE) (B09-10) Florida Avenue and 18th Street - 2700 18th Street ~ Sides < 5 feet for new house _~ INTEROFFICE MEMORANDUM TO: THE ZONING BOARD OF ADJUSTMENT FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-11) DATE: 08/30/09 BACKGROUND: ThE~ Board of Adjustment is being asked to consider a variance for the following lot(s)/tract(s) in the Cit3~ of Port Arthur, Jefferson County, Texas. VARIANCES WILL BE ON THE FOLLOWING LOT: I Q AC TION CURRENT IEtEQUIRED DEFICIENCY 1247 8T" STREET 50 x 140 60 X 140 10' SIDE (Charleston Avem.-e) This site is located north of 8th Street and west of Charleston Avenue. It is also known as Lot 12, Block 62, A-053400 from the Port Arthur Land Company, Port Arthur, TX 77640-6066. The zoning is "M1F" Multi family. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on August 23, 2009, for the September 10, 2009 meeting more than 15 days prior to the public hearing. Applicant - R. M. Builders Owner -Janice Sly RECOMMENDATION: Staff has no objections to this request if the lot is 50 x 140 or 50 x 100. However, a portion of Lot 12 is depicted in exhibit aside from the lot in question. A three bedroom and two bathroom house is to be built, due to the hardship of the family being without a house. The house has to be wide rather thain long to meet the American with Disabilities Act features and the room size required by the plan. The builder shall ensure ownership on the entire lot or section to be built on. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: The Zoning Board ofAdjustment is requested to reduce the five foot set back along Charleston Avenue to about 2 feet. No buildings may be placed at this section where the setback is 2 feet such that it encroaches on the property line or the side access is blocked. The City requests that no fencing, shrubbery or trees be placed on the property line or in this area of the set back as it will cause problems with the adjoining neighbors. Other lots with similar situations will not meet the Code with insufficient side setbacks and will not conform to the Subdivision/ Zoning Ordinances. Nevertheless, a legal request is being made prior to the redevelo pment so the lot becomes legally non -conforming. r ~ f N' ~~ V t r r SAVANNAH AVE. ~~ ~I I I I N INII- CHARLESTON AVE. pp , J ~ rt rr ~ ~ ~ ,~-r ~-i ~i ~~~ ~~ ~i ~~ N I~ RECONSTRUCTION AT 1247 8T" STREET (NORTH OF 8T" STREET AND WEST OF CHARLESTON AVENUE) Charleston and Eighth Street - 1247 8~h Street The front has less than twenty feet setback and sides are close ~riance for side setbacks by Charleston ~ Sides > five feet for new house ~ INTEROFFICE MEMORANDUM TO.. THE ZONING BOARD OF ADJUSTMENT' FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-12) DATE: 08/30/09 BACKGROUND: ThE~ Board of Adjustment is being asked to consider a variance for the following lot(s)/tract(s) in the Cit•/ of Port Arthur, Jefferson County, Texas. VARIANCES WILL BE ON THE FOLLOWING LOT: LOCATION CURRENT R~UIRED DEFICIENCY 1536 DeQueen Blvd. 35 x 130 SO x 140 15' SIDE (On either built sides) This site is located east of De Queen and north of ].8th Street. [t is also known as N' 35 of Lot 2, Block 311, A-053400 from the Port Arthur Land Company, Port Arthur, TX 77640-4513. The zoning is "SF" Single family. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on August 23, 2009, for the September 10, 2009 meeting mare than 15 days prior to the public hearing. Applicant - SMWJ (Nick Leiseth) Owner -Herbert Davis RECOMMENDATION: Staff has no objections to a variance request. Resident intends to build a three bedroom and two bathroom house. The house has to be wide rather than long to meet the American with Disabilities Act features and room size required by the plan. However, the land should be 50 feet in width since a variance is to be given. The additional portion of land shall be explained (for future use). A replat will be required. BtIDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: The Zoning Board of Adjustment is requested to reduce the 15 foot set backs on the side to about 2 feet. The City requests that fencing, shrubbery or trees and other components be on the property in question and not encroach on the property line. There shall be no shed or other buildings within this 2 feet setback. i 00 ~ w co ~ W ~ ~ ~'~ {~ ~ O 0 ~ O O ~ O I I O~ I - I DeQUEEN BLVD. i ~~ ~ ~a t ~ ~ r~-t r ~- r ~_J ~ Iv ~ ~ ~ ~ MARSHALL AVE. ~ ~J O~ N W 00 N RECONSTRUCTION AT 1536 DEQUEEN BOULEVARD (EAST OF DEQUEEN BLVD. AND NORTH OF 18T" STREET) The front of the house facing east. The site is 3 bedrooms and 2 bathrooms ~ _...~,.___ .,,.. ~;.~.~F. --_ .,.~.- -.-~-~- -= -- _ ~ Should have enough side setback - 5 feet ~ House is surrounded by mature trees ~ INTEROFFICE MEMORANDUM TO: THE ZONING BOARD OF ADJUSTMENT FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRU(:TION (B09-13) DATE: 08/03/09 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 648 Orange Avenue 48 x 100 ~t~UIRED DEFICIENCY ~i8 X 100 12' SIDE (REVEREND RANSOM. HOWARD STREET) This site is located south of Ransom Howard Street: (7th Street) and east of Orange Avenue. It is also known as a portion of Tract A, Lots 5 and 6, Block 203, A-053400 from the Port Arthur Land Company, Port Arthur, TX 77641-1044. The zoning is two fold in the front it is "MF" Multi -Family housing" Two-Family housing or Duplex in the back Notices were sent out: in compliance with the Texas Local Government Code Section 211 as well zis the publication being done on August 26, for the September 10th meeting, 15 days prior to the public hearing. A replat is required prior to a permit being issued. Applicant -Randy Malouf Builders (Cody) Owner -Ora Guillory RECOMMENDATION: Staff has no objections to this request due to the h<rrdship of the family not being able to live in their house, and desiring to have a house in line with City Codes and ordinances. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: The Zoning Board of Adjustment is requested to reduce the 10 foot set back to five along 7th Street. The City requests no fencing, shrubbery or trees to cause visibility problems. Hedges shall be 2 feet or less. Other lots with similar situations that will r-ot meet the Code due to insufficient side setbacks, non conformance with the Subdivision/ Zoning Ordinances shall be similarly viewed. Nevertheless, a legal request is being made prior to the redevelopnnent of the lot with a three bedroom- house having two bathrooms. -~ i i -, N N N LAKE CHARLES AVE. N ORANGE AVE. GALVESTON AVE. ~~ N ti N o~ RECONSTRUCTION AT 648 ORANGE AVENUE (SOUTH OF REV. RANSOM HOWARD STREET (7T" STREET) AND EAST OF ORANGE AVENUE) Side of 7th Street -variance request < 10 foot East facing 648 Orange Avenue setback