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HomeMy WebLinkAbout01.14.10 ZBA PUBLIC HEARINGCity of Port Arthur Zoning Board of Adjustment and Appeals Public Hearing January 14, 2010 ~~l i t 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 DEVELOPMENT DEPARTMENT P.o. Box 1089 Port Arthur, TX 77641-1089 409-983-8135 Fax 409-983-8137 TO: City of Port Arthur Zoning Board of Adjustment (ZBA) Members FROM: Colleen Russell, Director of Planning DATE: December 28, 2009 SUBJECT: January 14, 2010 -Zoning Board Meeting 'The Port Arthur Zoning Board of Adjustment & Appeals will meet in regular session at 5:30 p.m., Thursday, January 14, 2010, in the City Council Chambers on the fifth floor of the City Hall. The January 14th agenda contains three applications. Please make every effort to attend so that we may have a quorum. If for some reason you carmot attend, please call me at 983-8135. Enclosure C: Colleen Russell, Director of Planning John Comeaux, Assistant City Manager -Operations Lawrence Baker, Director of Community Services Derrick Holland, Senior Engineering 'Technician Kelly Eldridge, Water Engineer Paul Washburn, Asst. Fire Marshall DELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM COUNCIIMEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN :FLOOD JOHN BE,~RD, JR. ROBERT E. WILLIAMSON D. KAY VG7SE THOMAS J. HENDERSON Ciry ~f ort~rth^u~r~ Texas NOTICE OF PUBLIC HEARING CITY OF PORT ARTHUR STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CrrY SECRETARY VALECIA TIZENO ACTING CrTY ATTORNEY ZONING BOARD OF ADJUSTMENT THURSDAY, JANUARY 14, 2010 CITY HALL - 5TH 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, JANUARY 14, 2010 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5T" FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. ROLL CALL II. B09-18 - W. HYDER -LOT 6, BLOCK 373, PORT ARTHUR LAND COMPANY SUBDIVISION, C[TY OF PORT ARTHUR, JEFFRSON COUNTY, TEXAS, 1700 19T" STREET (PROPERTY LOCATED EAST OF NEW ORLEANS AVENUE AND SOUTH OF NINTEENTH STREET), VARIANCE FOR: LOCATION CURRENT RE UIRED DEFICIENCY 1700 19~ Street 50 X 140 60 X 140 4 ft. Side (New Orleans Ave.) III. B09-19 - G. CAMPBELL - S 93' OF LOT 4, BLOCK 60, PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 1401 8T" STREET (PROPERTY LOCATED NORTH OF 7T" STREET AND EAST OF NASHVILLE AVENUE), VARIANCE FOR: LOCATION CURRENT RE UIRED DEFICIENCY 1401 8~h Street 40 X 93 50 X 100 4 ft. Side (Nashville Avenue) IV. B09-20 - D. GREEN -LOT 1, BLOCK 216, PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 2648 8T" STREET (PROPERTY LOCATED NORTH OF 7T" STREET AND WEST OF FLORIDA AVENUE), VARIANCE FOR: LOCATION CURRENT REQUIRED DEFICIENCY 2648 8T" Street 50 X 140 60 X 140 2.6 ft. Side (Florida Avenue) P.O. BOX 1089 o PORT ARTHUR, TEXAS 77641-1089 0 409/983.8115 0 409-983.8291 Page 2 of 2 V. MINUTES -November 19, 2009 VI. REPORT FROM DIRECTOR VIL. FUTllB~ AGENDA ITEMS AD COLLEEN RuSSEL(., ~RP DIRECTOR 0 PLANNING DATE AND TIME POSTED, MONDAY. jlANUARY 4. 2010. AT 12:00 NOON INTEROFFICE MEMORANDUM To: THE ZONING BOARD OF ADJUSTMENT FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suslECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-18) DATE: 12/21/09 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. LOCATION CURRENT REQUIRED DEFICIENCY 1700 19T" ST 50 x 140 60 x 140 10 FT. SIDE (NEW ORLEANS) This site is located east of New Orleans and south of 19~ Street. It is also known as Lot 6, Block :373, from the Port Arthur Land Company, Port Arthur, TX 77640-5461. 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 December 20, 2009, more than 15 days prior to the public hearing. There is an open space to the southeast of the house and it is covered with brush; nevertheless it is hoped some of the mature trees may rE~main. Applicant/Agent: American Home Builders (Doug Curry) Owner: Willie Hyder 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 1 SUMMARY: The Zoning Board ofAdjustment is requested to reduce the 10-foot set back to no less than six feet along New Orleans. The setback is lacking four feet, so six feet will be allowed. The City requests no fencing, shrubbery or trees to cause visibility problems. These shall be less than 2 feet. 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. P'r ~I w IV tW UKLtHIVS VICKSBURG AVE. ~~ ~~ ~~II B09-18 LOT 6, BLOCK 373 (SOUTH OF 19T" STREET AND EAST OF NEW ORLEANS AVENUE) ~:``` 1 ~ ~~ ~~~ 'she: ; $ ~ ~ ; ' S 1 `~L r - ~ ' ~~. ~. ~ ~ f "YW R4 _ ~ l : LK _ _ t ~~,_, F ~ 1 ,~~ tF ~ r ~ ~ yg ~ ~ {~ ~: ~ }I . J 1 rS~`1 t A Vic;` ~6 ! > ` F 7 .. ~~ ~y % ~ 1,. ~: ' -.; ; ,~ ,. iY t ~;i; G~1 _ ~ t, 't ', Intersection of 19th and New Orleans House to be removed has many mature trees around it. > {j~J Y _10'p 'y _ ,. ~# w~ s ., µ~ l5 h ,1 ~ , i` 3 _~ :~' d ~ ~,y~~ ~t 1 ' ~ ' it ~ Y+3fr/~~ `S~~ i~' ~~ 1 a~~ ~_ _ ' Y j€ ~ - !fin ~4C~ ~ w.a.: _ ;~ 'Y.=~ i, .. ~ ~y ~ ~ + h . ~,~- t ?`. .., uc. ``+" r,' . ~w s. ~r,~ ` aPk `l~~' r+ ~~ ~ 9~ 5Y a ~:b E'! v~'41x ~„~ ti "° %~ ~{ ~ ~. nt c i :.. ~~ .i, ~+~.. ~ip~: 91 1700E 19th Street showing need for ADA The adjacent lot is currently vacant but the set back outside as well as inside. should be in com liance on this side. INTEROFFICE MEMORANDUM To: THE ZONING BOARD OF ADJUSTMENT FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suBIECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-19) DATE: 12/21/09 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. LOCATION CURRENT REQUIRED DEFICIENCY 14018T" ST. 40 x 93 50 x 100 10 FT. SIDE (NASHVILLE AVE~ This site is located north of Seventh Street and east of Nashville Avenue. It is also known as S 93' of Lot 4, Block 60, from the Port Arthur Land Company, Port Arthur, TX 77640-5461. The zoning is " 2F" Two-- Family housing or Duplex. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on December 20, 2009, more than 15 days prior to the public hearing. All the surrounding lots are as small and to build to code the number of bedrooms would be less. Applicant/Agent: American Home Builders Owner: Gladiola Campbell 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 1 SUMMARY: The Zaning Board of Adjustment is requested to reduce the 10-foot set back to no less than five feet along Nashville Avenue. The setback is lacking four feet, so five feet will be allowed. The City requests no fencing, shrubbery or trees to cause visibility problems. These shall be less than 2 feet. 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. 2~, 1 V/'1J1 1 V 1LLL /'Y V L. P'r rt i ~' STILWELL BLVD. B09-19 S 93' OF LOT 4, BLOCK 60 (NORTH OF 7TH STREET AND EAST OF NASHVILLE AVENUE) . y ~ K ! F ~ ~ y{, ~y~(~. . '~,F~. pp~~ ~~f~sy,6 ~ ~ > t+ ~ ~ ~b7~4 1 J~ . wRw 1 JI • r ... , . ..~t .. _ 1 O~, ~Cy M : ~ = ~. R _..w,. . ..vt Y . ~, House to be demolished -facing north-1401 8th The intersection 8th /Nashville less than 10 ft Street. re uired setback. ~ >. _ -~S. ~'Q,~ 1 1 z___ . .. Y ~ - ~ -. ~ i f'{ ~ N L, ~ l ~ _. -" a i. ' ... 1J ". ' Y .~'t i k Oda • ~~ ~ ~ a. - I ^ S ~ { V.L+k ~r' . ~ ) ~ ~s:k ~~ .? F'N L ~ ~~ - ~ .- .,~ j 3 a.44~ ~.. w.C .~.Citi. Parking in the back, by Nashville side of street. House shown always deficient of 10 ft. setback on side. INTEROFFICE MEMORANDUM To: THE ZONING BOARD OF ADJUSTMENT FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suBIECT: VARIANCES FOR HOUSE RECONSTRUCTION (B09-20) DATE: 12/21/09 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. LOCATION CURRENT REQUIRED DEFICIENCY 2648 8T"sT 50 x 140 60 x 140 10 FT. SIDE (FLORIDAAVE) This site is located north of Seventh Street and west of Florida Avenue. It is also known as Lot 1, Block 216, from the Port Arthur Land Company, Port Arthur, TX 77640-5461. The zoning is "2F" Two- Family housing or Duplex. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on December 20, 2009, more than 15 days prior to the public hearing. The house was demolished and the land is prepared for a foundation. Applicant/Agent: American Home Builders Owner: Denita Ann Green 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 1 SUMMARY: The Zoning Board of Adjustment is requested to reduce the 10-foot set back to no less than six feet along Florida Avenue. The setback is lacking about three feet, so six feet will be allowed. The City requests no fencing, shrubbery or trees to cause visibility problems. These shall be less than 2 feet. 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. 2 J~ ~I v ~I la` I \ v r-r fi ti~ ~ ~ ~~ MARSHALL AVE. u o~ B09-20 LOT 1, BLOCK 216 (NORTH OF 7T" STREET AND WEST OF FLORIDA AVENUE) ~f.,,~ , _ ~ , , Vii,. 1 1' .. } F~ _ % f ~ ~ i ~l 1~1 ~ 1 1 ~ ~~. 5...~r. X ~ p ~ n.~~~..t, , C . _,, n ~ ~.Y OifiiosfY~_ ~~,+..t..~i:.;$~.~..+.o+~ia:.~.~~_"^"°_'_.~_ ~"i.~F~*..~.~~~iY.x.~ t, \ . ~, - . ., __ ~ ~:-...~si~'+~ x.}'~.a..r~!~R~~.-'..~Y' ..r .:5-. ?''Sae "~~. 2648 8th Street corner lot like others is not in The house was demolished and the applicant awaits com liance with Code. Variance A royal rior to reconstruction. ~- ~ ,=• 4 .~ ~ eN I"nlc,:•, ~ ..~ ~ :` kY _ -r ERAS DEPARTMENT OF IRS MUNITY AFFA COM i ~ . v k ., . `- ~I ~~ .~., I ~, n~.,~-,w c ,. V-10USING & " ~, ~ _ { ~ , . . ~ i ht ~~~A l,Y f ~4 )-' II * ^CC ' r ~d ~ ~ i7• _2~' _ ~ i ,~. .. . 1 ' ?y ~7 ` ~ y~f'* r~~ ~ ~ . ..,.'~ ~` ^7~ J "' ... (~,., _ j pew} ~ -yl• , ' II ~/~~4 ','~~.. ~y a ( FYS; .,.i.:.- -- - ,. a~'9~ ~! r ro` •~F- ~#` 1~.. .. . ~~~ ~"~.ss--~~ ' ~''~~ '°V•r ~ ' _ ._ r M ~ 'T ` j'~~F tt Vl}},:,~~ 4 { ~ iY'~ ~~ 1 ~~ . yf t°4M 'rte a,, ,~._`' 'I~S. Variance request by Florida Avenue (trees lost in the The State is contracting for the rebuildin rocess. rocess . MINUTES City of Port Arthur Zoning Board of Adjustment and Appeals Thursday, November 19, 2009 Public Hearing - 5:30 P.M. CITY HALL - 5TH FLOOR CONFERENCE ROOM Roll Call -Chairman, John Clayton convened the meeting at 5:55 p.m. due to a search for the recorder and the adjusting of the projector (meeting was manually recorded). Commissioners present: John Clayton, Deral Segler, George Boutte, Jr. (alternate), Eddie Scaggs and Freddie Ruth Earl (alternate) were present to constitute the necessary quorum. Staff Members present: Colleen Russell, planning director II. .Minutes -September 10, 2009 -Public Hearing Minutes were discussed and signed by Chairman, John Clayton. III. B09-14 through B09-17 [Public Hearing followed by Motion required) A. B09-14 - B. Prevost -Lots 5 & 6, Block 2, Pekin Addition, A-007400 (1027 Roosevelt Ave.) Variance for 10-foot deficit in lot length - i.e. lot is currently 130 feet long instead of the required 140-foot lot length. Speaking for: Cody Johnson, Randy Malouf Builders, 925 McCaleb Road, Montgomery, TX 77316-5008 Speaking against: None Mr. Scaggs made a motion to accept the staff recommendation to approve B09-10; Mr. Boutte seconded the motion. Vote: All Yeas -Motion Passed B. B09-15 - S. Queen - Part of W 90' of Lot 19, Block R-3 Reservation out of the B.B.B.& C.R.R. Company Survey No. 346, Port Arthur Land Company (1144 Rev. Raymond Scott Avenue) Variance for 10-foot deficit in lotwidth - i.e. lot is currently 50 feet wide instead of the required 60-foot lot width. Speaking for: Nick Leiseth, SWMJ Construction, 525 N. Sam Houston Pkwy. East, Suite 600, Houston, TX 77060 Speaking against: None Ms. Earl made a motion to accept the staff recommendation to approve 809-15; Mr. Segler seconded the motion. Vote: All Yeas -Motion Passed C. B09-16 - J. Vontoure -Lot 12, Block 385, Port Arthur Land Company, A-053400 (1649 18th Street) Variance for 10-foot deficit inlotwidth - i.e. lot is currently 50 feet wide instead of the required 60-foot lot width. Speaking for: Cody Johnson, Randy Malouf Builders, 925 McCaleb Road, Montgomery, TX 77316-5008 Speaking against: None Ms. Earl made a motion to accept the staff recommendation to approve B09-16; Mr. Segler seconded the motion. Vote: All Yeas -Motion Passed D. B09-17 - J. Brown -Lot 1, Block 416, A-053400 (1248 19~ 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: Jeff Riley, American Home Builders, 3670 Hollywood Street, Beaumont, TX 77701 Speaking against: None Mr. Boutte made a motion to accept the staff recommendation to approve 809-17; Mr. Segler seconded the motion. Vote: All Yeas -Motion Passed IV. Report from Director Colleen Russell, planning director, discussed with the commissioners about the resignation and the replacement of Mr. "Homie" Dinh, as well as obtaining an additional alternate for ZBA. She also apologized for the meeting's late start and promised no meetings until next year. Everyone was thanked for coming and their efforts. V. Future Agenda Items None VI. Meeting Adjourned -Meeting adjourned without motion at 6:50 p.m. John Clayton Chairman Colleen Russell Secretary to the Commission Minutes Approved: