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HomeMy WebLinkAbout11.19.09 ZBACity of Port Arthur Zoning Board of Adjustment and Appeals Public Hearing November 19, 2009 Planning Department P. O. Box 1089 Port Arthur, Texas 77640 (409) 983-8135 (409) 983-8137 fax paplanning(a~portarthur net CITY OF PORT ARTHUR PLANNING AND COMMUNITY C~tr~~ ~~~ - ~~ ~~ DEVELOPMENT DEPARTMENT ~- ; ~, , P.O. Box 1089 Port Arthur, TX 77641-1089 ~~ r t r t h r~ 409-983-8135 Fax 409-983-8137 Te.ras TO: City of Port Arthur Zoning Board of Adjustment (ZBA) Members FROM: Colleen Russell, Director of Planning DATE: November 5, 2009 SUBJECT: November 19, 2009 -Zoning Board Meeting The Port Arthur Zoning Board of Adjustment & Appeals will meet in regular session at 5:30 p.m., Thursday, November 19, 2009, in the City Council Chambers on the fifth floor of the City Hall. The November 19t~ 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 DELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM COUNCILMEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON STEPHEN FITZGIBBONS / CITY MANAGER F_nergr CI r)' Uf Ciw TERRI HANKS CITY SECRETARY ort rthu~_ VALENCIA TIZENO TeXLlS ACTING CITY ATTORNEY NOTICE OF PUBLIC HEARING CITY OF PORT ARTHUR ZONING BOARD OF ADJUSTMENT THURSDAY, NOVEMBER 19, 2009 CITY HALL - 5T" FLOOR CITY COUNCIL CHAMBERS 5:30 P.M. AGENDA NOTICE OF TIME, PLACE AND SUBJECT OF A REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AND APPEALS 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, NOVEMBER 19, 2009 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5T" FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. ROLL CALL II. MINUTES -SEPTEMBER 10, 2009 MOTION REQUIRED III. B09-14 - B. PREVOST -LOTS 5 & 6, BLOCK 2, PEKIN ADDITION, CITY OF PORT ARTHUR, JEFFRSON COUNTY, TEXAS, 1027 ROOSEVELT AVENUE (PROPERY LOCATED NORTH OF lOT" STREET AND EAST OF WELLFORD AVENUE), VARIANCE FOR: LOCATION CURRENT REQUIRED DEFICIENCY 1027 Roosevelt Avenue 50 X 130 50 X 140 10 ft. Rear (Detached Garage) IV. B09-15 - S. QUEEN - W 90' OF LOT 19, BLOCK R-3 RESERVATION, B.B.B. & C.R.R. COMPANY SURVEY N0. 346, PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 1144 REV. RAYMOND SCOTT AVENUE (PROPERTY LOCATED SOUTH OF W. THOMAS BLVD. (A.K.A. JAMES GAMBLE BLVD.) AND EAST OF REV. SCOTT AVE. (A.K.A. KANSAS AVE.)), VARIANCE FOR: LOCATION CURRENT REQUIRED DEFICIENCY 1144 Rev. Raymond Scott 50 X 140 60 X 140 10 ft. Side (A.K.A. Kansas Avenue) (Rev. Raymond Scott Avenue) P.O. BOX 1089 D PORT ARTHUR, TEXAS 77641-1089 D 409/983-8115 ~ 409-983.8291 Page 2 of 2 V. B09-16 - J. VONTOURE -LOT 12, BLOCK 385, PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 1649 18T" STREET (PROPERTY LOCATED WEST OF NEW ORLEANS AND NORTH OF 18T" STREET), VARIANCE FOR: LOCATION CURRENT REQUIRED DEFICIENCY 1649 18th Street 50 X 140 60 X 140 10 ft. Side (New Orleans Avenue) VI. B09-17 - J. BROWN -LOT 1, BLOCK 416, PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 1248 19T" STREET (PROPERTY LOCATED NORTH OF HIGHWAY 87 (A.K.A. GULFWAY DRIVE) AND WEST OF CHARLESTON AVENUE), VARIANCE FOR: LOCATION 1248 19th Street VII. REPORT FROM DIRECTOR VIII. FUTURE AGENDA ITEMS IX. AD}Ol3RNMENT 1-1 COLLEEN RUSSELL, C P DIRECTOR OF PLANNING CURRENT REQUIRED DEFICIENCY SOX 140 60 X 140 10 ft. Side (Charleston Avenue) DATE AND TIME POSTED, THURSDAY. NOVEMBER 12 2009 AT 12.00 NOON MINUTES City of Port Arthur Zoning Board of Adjustment and Appeals Thursday, September 10, 2009 Public Hearing - 5:30 P.M. CITY HALL - 5T" FLOOR CONFERENCE ROOM Roll Call -Chairman, John Clayton convened the meeting. Commissioners present: Eddie Scaggs, John Clayton, Homie "Hoa" Dinh, Desiree Edwards, Deral Segler and George Boutte, Jr. (alternate) were present to constitute the necessary quorum. Staff Members present: Planning Director, Colleen Russell II. Minutes -July 30, 2009 -Public Hearing Eddie Scaggs made a motion to accept the minutes of July 30, 2009 as presented; Deral Segler seconded the motion. Vote -All Yeas -- motion passed. III. B09-10 (Public Hearing followed by Motion required) A. B09-10 - M. Gardner -Lot 6, Block 328, Port Arthur Land Company, A-053400 (2700 18cn Street) 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: Tynequia Gardner, 2700 18th Street, Port Arthur, TX 77640 Speaking against: None Mr. Scaggs made a motion to accept the staff recommendation to approve B09-10; Mr. Segler seconded the motion. Vote: All Yeas -Motion Passed B. B09-11 - J. Sly -Lot 12, Block 62, Port Arthur Land Company, A-053400 (1247 Bch Street) Variance for 10-foot deficit in lot width - i.e. lot is currently 50 feet wide instead of the required 55-foot lot width. Speaking for: Cody, Randy Malouf Builders, 925 McCaleb Road, Montgomery, TX 77316- 5008 Speaking against: None Mr. Segler made a motion to accept the staff recommendation to approve B09-11; Mr. Boutte seconded the motion. Vote: All Yeas -Motion Passed C. B09-12 - H. Davis - N 35' of Lot 2, Block 311, Port Arthur Land Company, A-053400 (1536 DeQueen Blvd.) Variance for 15-foot deficit in lot width - i.e. lot is currently 35 feet wide instead of the required 50-foot lot width. Speaking for: None Speaking against: None Mr. Boutte made a motion to accept the staff recommendation to approve B09-11; Mr. Scaggs seconded the motion. Vote: All Yeas -Motion Passed D. B09-13 - 0. Guillory -Portion of Tract A, Lots 5 and 6, Block 203, A-053400 (648 Orange Avenue) Variance for 10-foot deficit in lot width - i.e. lot is currently 40 feet wide instead of the required 50-foot lot width. Speaking for: Ora Guillory, 648 Orange Avenue, Port Arthur, TX 77640 Speaking against: None Mr. Segler made a motion to accept the staff recommendation to approve B09-13 under the condition that the property is re-platted and property lines are established before construction begins; Mr. Dinh seconded the motion. Vote: All Yeas -Motion Passed Mr. Boutte made a second motion to approve adjustments to be made by the builder for the construction of the home in regards to placement within property lines to ensure that fencing remains in place; Ms. Edwards seconded the motion. Vote: All Yeas -Motion Passed IV. Report from Director -None V. Future Agenda Items -None VI. Meeting Adjourned John Clayton Chairman Colleen Russell Secretary to the Commission Minutes Approved: INTEROFFICE MEMORANDUM T0: THE ZONING BOARD OF ADJUSTMENT AND APPEALS FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-14) DATE: 11/04/09 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 1027 Roosevelt Avenue 50x130 50x140 10ft. Rear (Detached Garage) This site is located north of 10th Street and east of Wellford Avenue. It is also known as Lots 5 and 6, Block 2, of the Pekins Addition A-007400 from the Port Arthur Land Company, Port Arthur, TX 77640-4836. The zoning is Two-Family housing or Duplex in the back. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on November 1, 2009 for the November 19th meeting, more than 15 days prior to the public hearing. A replat is required prior to a permit being issued or completed construction. Applicant -Randy Malouf Builders (Cody) Owner -Bessie M. Prevost RECOMMENDATION: Staff has no objections to this request due to the hardship of the family not being able to live in their home, 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 and Appeals is requested to reduce the 10 foot setback on the garage. The City requests no fencing, shrubbery or trees to cause visibility problems. Hedges shall be 2 feet of less. Other lots with similar situations that will not 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 redevelopment of the lot with a three bedroom-house having two bathrooms. W W ~ ~J~ r--~ F-j ~ - P'F N N rn ,~ --I 1--~ - ~.y, ~ ROOSEVELT AVER O~ N B09-14 1027 ROOSEVELT AVENUE ,,~ ,` Property located north of 10th Street Rear of property -variance request < 10 foot and east of Wellford Avenue setback on the ~araee Rear of ~~` faces the back porch/exit of house. INTEROFFICE MEMORANDUM T0: THE ZONING BOARD OF ADJUSTMENT AND APPEALS FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-15) DATE: 11/04/09 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 W/LL BE ON THE FOLLOW/NG LOT: LOCATION CURRENT REQUIRED DEFICIENCY 1144 Rev. Raymond Scott Ave. 50 x 140 60 x 140 10ft. Side (Formerly Kansas Ave.) (Rev. Raymond Scott Avenue) This site is located south of W. Thomas Blvd. (A.K.A. James Gamble Boulevard) and east of Reverend Scott Avenue (A.K.A. Kansas Avenue). It is also known as Part of W 90 ft of Lot 19, Block R-3 Reservation out of B.B.B. & C.R.R. Company Survey No. 346, Port Arthur Land Company, Port Arthur, TX 77640-5025. The zoning is "2F" Two-Family housing or Duplex in the back. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on November 1, 2009, for the November 19th meeting, more than 15 days prior to the public hearing. A replat may be required prior to a permit being issued. Applicant - SWMJ Construction (Nick Leiseth) Owner -Sylvia Queen RECOMMENDATION: Staff has no objections to this request due to the hardship of the family not being able to live in their home, 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 seven point five (7.5 feet) along West Thomas Boulevard. The City requests no fencing, shrubbery or trees to cause visibility problems. Hedges shall be 2 feet of less. Other lots with similar situations that will not 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 redevelopment of the lot. __ _____ 3 6 ~ ~ __ ___ ~ __ ~ I I ;~ i _._ JAMES GAMBLE BLVD/ (WEST THOMAS BLVD.) X19 I I 18 w a z z W a U cn D Z O a~ w oC 19 ----- I $ -- I uw Q Q x w 7 WEST 11th ST. B09-15 1144 REV. RAYMOND SCOTT AVENUE ~~ , - , \ /1 ~~ / -r ~~', - ~ ` ~ ~ r, , ~ -::> ~ i '~ l t _ i tom_ pa ~si~"~ ,_ e Property located south of W. Thomas Blvd. (A.K.A. James Gamble Blvd.) and east of Rev. Front setback is presently, legally non- Ra mond Scott Ave. A.K.A. Kansas Avenue . conformin ,, / '~ ~ \-~ ~~ ~ ` - r :? ~ ..: ~. w~ .-- -~ _.. ~ 7 :: °~Ilf- _ ~+r~-.~- ~ ~~ ~ 4' 1 ~ ~ I '.~. ~+ ~~ T eY~ ~ X ~~~1 ~ E 9 a~ .,.. . t 1 ~ -_ N{ it .. is' s~. _ _ rt . ~,~er ~ . 5 ~F ~ .a- T~'~ -z,.y~y ~ i ~.CaK~.~ 4 T' Side of W. Thomas Blvd. -variance request < 10 Side awa from intersection shows 2 ft. setback foot setback INTEROFFICE MEMORANDUM T0: THE ZONING BOARD OF ADJUSTMENT AND APPEALS FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-16) DATE: 11/04/09 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 1649 18th Street 50 x 140 60 x 140 loft. Side (New Orleans) This site is located west of New Orleans and north of 18th Street. It is also known as Lot 12, Block 385, from the Port Arthur Land Company, Port Arthur, TX 77642-0823. The zoning is "SF" Single- Family housing. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on November 1, 2009, for the November 19th meeting, more than 15 days prior to the public hearing. A replat may be required prior to a permit being issued. Applicant -Randy Malouf Builders (Cody) Owner - Jo Ann Vontoure RECOMMENDATION: Staff has no objections to this request due to the hardship of the family not being able to live in their home, 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 and Appeals is requested to reduce the 10-foot setback to no less than six feet. Six point four (6.4 feet) along New Orleans exists and this or six feet will be allowed. The City requests no fencing, shrubbery or trees to cause visibility problems. Hedges shall be 2 feet of less. Other lots with similar situations that will not meet the Code due to insufficient side setbacks, non-conformance with the Subdivision/Zoning Ordinances shall be similarly viewed. The building inspector shall rule on anything contrary that is to be constructed that will still meet code. Nevertheless, a legal request is being made prior to the redevelopment of the lot. ~I ~• - - ---~. ~O ~ ~ -; tii f~ N O wi ~.;-., <..-,.; MEMPHIS AVE. B09-16 1649 18TH STREET -- . . Property located west of New Orleans Avenue and north of 18th Street. Lot 12, Block 385, PALCO ;_.. Side of New Orleans Ave. -variance request < 10 foot setback Rear of Property INTEROFFICE MEMORANDUM TO: THE ZONING BOARD OF ADJUSTMENT AND APPEALS FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-17) DATE: 11/05/09 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 W/LL BE ON THE FOLLOWING LOT: LOCATION CURRENT REQUIRED DEFICIENCY 1248 19th Street 50 x 140 60 x 140 loft. Side (Charleston Avenue) This site is located north of Gulfway Drive (A.K.A. State Highway 87) and west of Charleston Avenue. It is also known as Lot 1, Block 416, from the Port Arthur Land Company, Port Arthur, TX 77640-3660. The zoning is "SF" Single- Family housing. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on November 5, 2009, for the November 19th meeting, 15 days prior to the public hearing. A replat maybe required prior to a permit being issued. Agent/Applicant -American Home Builders, Inc. Owner -Jimmy Brown RECOMMENDATION: Staff has no objections to this request due to the hardship of the family not being able to live in their home, 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 and Appeals is requested to reduce the 10-foot setback to no less than six feet. Six point one (6.1 feet) along Charleston exists and this or six feet will be allowed. The City requests no fencing, shrubbery or trees to cause visibility problems. Hedges shall be 2 feet of less. Other lots with similar situations that will not meet the Code due to insufficient side setbacks, non-conformance with the Subdivision/Zoning Ordinances shall be similarly viewed. The building inspector shall rule on anything contrary that is to be constructed that will still meet code. Nevertheless, a legal request is being made prior to the redevelopment of the lot. ~r~- ~r-~u uu SAVANNAH AVE. -- .- -(, ,J 0 0 N B09-17 1248 19TH STREET .~ I Lot 1. Block 416 (north ofGulfwav Drive fA.K.A. State Hiahwav 87) and west ofCharleston Avenuel I ~ Side of Charleston Avenue -variance request < 10 foot setback ~