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HomeMy WebLinkAbout06.10.10 ZBA PUBLIC HEARINGCity of Port Arthur Zoning Board of Adjustment and Appeals Public Hearing June 10, 2010 Planning Department P. O. Box 1089 Port Arthur, Texas 77640 (409) 983-8135 (409) 983-8137 fax paplanning~portarthur. net CITY OF PORT ARTHUR PLANNING AND COMMUNITY ctn~ of DEVELOPMENT DEPARTMENT "~~~'1i1~~1~\~~~ P.O. Box 1089 ort rth-u~~ Port Arthur, TX 77641-1089 409-983-8135 Fax 409-983-8137 Texas TO: City of Port Arthur Zoning Board of Adjustment (ZBA) Members FROM: Colleen Russell, Director of Planning DATE: May 27, 2010 SUBJECT: June 10, 2010 -Zoning Board Meeting The Port Arthur Zoning Board of Adjustment & Appeals will meet in regular session at 5:30 p.m., Thursday, June 10, 2010, in the City Council Chambers on the fifth floor of the City Hall. The June 10th 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 Community Services Derrick Holland, Senior Engineering Technician Kelly Eldridge, Water Engineer Paul Washburn, Asst. Fire Marshall DELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "L17." 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 NOTICE OF PUBLIC HEARING CITY OF PORT ARTHUR ZONING BOARD OF ADJUSTMENT AND APPEALS THURSDAY, JUNE 10, 2010 CITY HALL - 5TH FLOOR CITY COUNCIL CHAMBERS 5:30 P.M. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY VALECIA TIZENO CITY ATTORNEY 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, JUNE 10, 2010 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, ST" FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. ROLL CALL II. MINUTES -May 13, 2010 MOTION REQUIRED III. B10-08 - P. BROWN -LOT 20, BLOCK 22, BRICE ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 834 BOOKER T. WASHINGTON AVE. (PROPERTY LOCATED SOUTH OF WEST 9TH STREET AND EAST OF BOOKER T WASHINGTON AVENUE), VARIANCE FOR: LOCATION CURRENT REQUIRED DEFICIENCY 834 BOOKER T. WASHINGTON AVE. 30 X 140 50 X 140 20 FT. WIDTH IV V. VI B10-09 NEW - L. LINTON -LOT 1, BLOCK 308, PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 2248 15T" ST. (PROPERTY LOCATED SOUTH OF 15T" STREET AND WEST OF L[BERTY AVENUE), VARIANCE FOR: LOCATION 2248 15th ST. REPORT FROM DIRECTOR FUTURE AGENDA ITEMS VII. JO RNMENT COLLEEN RUS LL, RP DIRECTOR OF PLANNING CURRENT REQUIRED DEFICIENCY 50 X 140 60 X 140 10 FT. SIDE (LIBERTY AVE.) DATE AND TIME POSTED, Tl1ESDAY. TUNE 1. 2010. AT 5:00 P.M. P.O. BOX 1089 o PORT ARTHUR, TEXAS 77641.1089 0 409/983-8115 0 409.983.8291 To: THE ZONING BOARD OF ADJUSTMENT AND APPEALS FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suslECT: VARIANCES FOR HOUSE RECONSTRUCTION (B10-08) nnTE: 05/24/2010 BACKGROUND: The Zoning Board of Adjustment and Appeals is being asked to consider a variance for the following lot(s)/tract(s) in the City of Port Arthur, Jefferson County, Texas. VARIANCE WILL BE ON THE FOLLOW/NG LOT: LOCATION CURRENT REQUIRED DEFICIENCY 834 BOOKER T. WASHINGTON 30 x 140 50 X 140 20 FT. WIDTH This site is located south of West Ninth Street and east of Booker T. Washington. It is also known as Lot 20, Block 22, Brice Addition, A-007400, Port Arthur, TX 77640- 4921. The zoning is "2F" Two-family for Townhouse/duplex. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on May 30th, more than 10 days prior to the public hearing. Agent - DSW Homes Owner/Applicant -Pamela Brown RECOMMENDATION: Staff has no objections to this request due to the hardship of the family not being able to afford more land and both adjacent properties have houses. The house will fit on the property with the correct setbacks on the sides. However, the City is looking at the decreased width and a lot size of 4200 square footage; the 30 foot width will allow for a legally non-conforming lot size with less than 40% lot coverage but not more than 33.6 % covered space. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None 1 SUMMARY: The Zoning Board of Adjustment is requested to approve this lot of 4200 square feet to allow for legal non-compliance in regards to present Codes and Zoning Ordinance. B10-08- is located south of West Ninth Street and east of Booker T. Washington Avenue. The lot width though less than 50 feet will allow fora house longer in depth. This is an interior lot so all the required side, front and backyard setbacks are in place. However, the lot coverage is reduced to 34% 2 G rn -~ ICI ~, i I I ~~~ SURVEY LEGEND -6-~'-ELECTRIC CINE ~ CONCRETE SURFACE ~ SN1MMlNC POLr ^ AC AlR CONO/RONINC UNIT = _ _ =HOOD FENCE -PL-PL-PIPELINE ®COVERED AREA O D/TCH PP POWFR POLE -/~-CHAIN UNK FENCE -T-T-TELEPHONE UNf ~ ROCX OR GRAVEL O LANK ~ SIR£ETL/DHT -X-BARBED N1R£ FENCE CLIENT.' PAMELA BROWN Cj)'#; - LOT 2 LOT 3 I LOT 4 ry ~ ~ 20' ALLEY S 49'08'57" E 29.94" (CALLED S 4847'00" E 30.00 / ~ FOVND 3/4' FOUND 1/2'J IRON ROD IRON OD SCALE: 1' = 30' 0 LOT 2 a~ ~ o °~ ~Z~ W ~ o LOT 21 mo ~ 3 W * LOT 19 ~ =' o W ~ Na ~~~ rz O ~ .gip:. v ~ .a `- 2` I ~ Q 20" BUILDING SETBACK LINE 5' BUILDING ~ ~~ SETBACK LINE FOUND 3/4' IRON ROD sEr x' S 48 48'09' E 29.87" 0 !N CONC~ (CALLED 5 48'47'00' E 30.00) N 48'48"07" W 30.00" ~ FouND 3/4" (CALLED N 4848'00 W 30.00) IRON ROb 834 BOOKER T. WASHINGTON AVENUE (60' R.O.W., PER PLAT) TH/S SURVEY WAS COMPLETED WITHOUT A TIRE COMMITMENT. EASEMENTS AND OTHER ENCUMBRANCES OF RECORD WERE NOT RESEARCHED AS PART OF OUR SERVICES EASEMENTS AND ENCUMBRANCES MAY EXIST OIJ 7H15 PROPERTY AND ARE NOT REFLECTED ON THIS PLAT. SURVEYO,R'S CER77f7CATE' ! do hereby certify to the best of my knowledge and belief that this is on accurate plot of a survey mode on the ground, under my supervision, showing the ba~ndary only, as of M4Y5, ZO10. The above tract being located at 839 BOOKER T. WASHING717NAVENUE, PORT ARTHUR, TEXAS 77640 The tract being described os LOT 20, INBLOLTC22,OFBRICEADDIFION as recorded in VOLUMES, PAGE 100, OFTHEf+lAPRKARDSOF JEFFERSONLt7UNTY, TDCAS. In accordance with Flood /nsuronce Rote Mop (fTRM) of the Federal Emergency Management Agency, the subject tract is located in flood Zone noted below. The location of the property was determined by scale. Actuo/ field elevation was not determined, unless requested FAUST Engineering artd Surveying, Inc. does not womont or subscribe to the accuracy of said map. ~ 2070 FAUST Engineering and Surveying, Inc. All rights reserred ~ 1HlS SURVEY IS CER17FlfD FOR THIS TRANSACTION ONLY AND IS NOT TRANSFERABLE TO ADDITIONAL fNST1TUPONS OR SU85EOUENT OWNERS. USf OF THIS SURVEY FOR ANY OTHER PURPOSE Oft BY OTHER PARTIES SHALL BE AT THEIR ONN RISK AND THE UNDERS/CNED SURVEYOR 1S NOT RESPONSIBLE TO OTHERS FOR ANY LO55 RESULTING THEREFROM. RICHARD F. FAUST REGISTERED PROFESS/ONAL LAND SURVEYOR NO. 4782 SURVEYOR"S NO1-ES: Dote: MAY 5. 2010 QF Census Tract: 51 ~~•"~~~" ~CC FEMA Flood Zone: B ~Q.'~G~ s 7F9~,~9 v,: Q ~ o .cn Community Panel NO.: ~"""""'"'""'••~~~~• _ PoCHARD F. FAUST 485499-0045 E ""'"""'~"""'~••~~~ 'O 4782 ~: Panel Dote: 04/77/84 <-'•90 ~?. ~ Field Book No.: TO-4 qy0 S+uRV~CiyO Project No. 100203 asa cA~EN~GI~NEEPoNG`AND SUR EYING, INC. (409) 813-34]0 ~a]9; e13-3484 Abilene 3 XS° -- 30 MASTER BEDROOM _--__. 14'0"xl2'O'~ 3° $ATH- BEDROOM "2 ° ~ --- ~,;--- 10' O° x 10' O N ~ ~__ __ a _-~~_- -~ _--='-' . BEDROOM "3 10' O" x ID' 3° , fi - ` n BATI-I ~ "~_1 - - - 3• - m ~_3d_ 3° -- ~ 7A~...~ ' ~ j 1 ~1 -~LDRYT -: ~ _ O ~_ ~-~ -- -- _i _._ BEDROOM "4 10'0°x10'3" DININC z _ Rff C~ 9~ O° x i2' 8 -- '-=T= m _ 1CITGHENr_1 ~~~ LI V INCs 19' 5"x13'D° D--_>.- Floor Area 1360 Sgft Porch Area 120 Sgft Total Area 1480 5gft 3°x5° 3°x5° PORGH Q_________________II__________________II__________________D First Floor -( K~ SToo P Elevation A To: THE ZONING BOARD OF ADJUSTMENT AND APPEALS FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRUCTION (B10-09 NEVI DATE: 05/28/2010 BACKGROUND: The Zoning Board of Adjustment and Appeals is being asked to consider a variance for the following lot(s)/tract(s) in the City of Port Arthur, Jefferson County, Texas. VARIANCE W/LL BE ON THE FOLLOWING LOT: LOCATION CURRENT REQUIRED DEFICIENCY 2248 15T" ST 50 x 140 60 x 140 1 O FT WIDTH (LIBERTY AVE~ This site is located south of Bluebonnet Avenue and west of Liberty Avenue on 15~ Street. It is also known as Lot 1, Block 308, P.A.L.C.O. Subdivision, A-0053400, Port Arthur, TX 77640-4581. The zoning is "2F" Two-family for Townhouse/duplex. Notices were sent out in compliance with the Texas Local Government Code Section 211, as well as the publication being done on May 30th more than 10 days prior to the public hearing. Applicant -Randy Malouf Builders Owner -Lois Linton RECOMMENDATION: Staff has no objections to this request due to the hardship of the family not being able to afford more land and both adjacent properties have houses. The house will fit on the property with the correct frontal/back setbacks, but less than 10 feet setback is required on the side by Liberty Avenue. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None 1 SUMMARY: The Zoning Board of Adjustment is requested to approve this lot with a side setback less than 10 feet by Liberty Avenue. Fence may only be see-through and shrubs less than two feet along this curb. B10-09 NEW- is located south of Bluebonnet Avenue and east of Liberty Avenue (15th Street) The lot width though 50 feet, is lacking and extra five for 10 feet along Liberty Avenue. This lot is 7,000 square feet, so no further restrictions are required with its use. 2 ' 4 _.-I' ~ _- • - _ - w Q z O U 3 I 9 ~~. P ~ 4 ~~~~ 0~ 151 6 7 141 3 6 7 12 1 ~i-h Ct w Q w m H 3 6 CLIENT: RANDY MALOUF BUILDER M889D 20' ALLEY FOUND s/s' (CALLED 50.00' FOUND 3/4" STEEL ROD 50.35' STEEL ROD J ~ ~- - - I 'S 3 I ~ 30 v z $~" 3 w m W c O ~ ^ ~ ^ Z n ~ vo I 0 ~ 3 Q d g 'r. tD ctulc. ' ao g Q N Oi 4.4 O r I o: II ~ am'1 1a.5' a ~ n W J J CY a z a m `~ _ -~ ~ c PROPOSED J ~ RES. ON ~ ~ I CONC. SLAB `•- S.e' 25.7' t3.8' R rc CUi ~~~ 30$ g~~ BUILDING LINE 50.00' FOUND 60 SET 1/2" STEEL PENNY NAIL ROD CAPPED "SOUTEX" 15TH STREET U = INTERIOR ANGLE (60' R.O.W. ) ~ LT CORNER ANGLE 3 i A 89'11'34" %~ $ 90'55'27" - C 88'56'04" n D 90'56'55" n :'; DESCRIPTION OF SERVICES: LOCATE CORNERS ~( Pl OT PLAN (1454) SURVEYOR'S CERTIFICATION ~°~'~ ~r ffi Z 0 U J i d SCALE~1" ~ 30' b t5'3p' n _ ?he undersigned does hereby certify that this survey was this day - 5~T /1 D made on the ground of the property legally described hereon sad is correct, and that there ere no discrepancies, conflicts, shortegen of area, n boundary line coaflicta. encroachments, overlspping of improvements, easements or right of way, except ea shown ~ hereon end that said property has stases io cad from a dedicated roadway. ~ The above tract being located aL 2248 15TH STREET. PORT ARTHUR. TEXAS 77640 end Deiag described ss LDT 1. BLK. 308. CITY OF PORT ARTHUR ns recorded in Vohune -L, Pege(s)~5.4_of the MAP Records of JEFFERSON_„ County, Texne. ]n accordance with the Flood Inaurence Rete lfap of the Federal Emergency Management Agency. ma reference ahowa, the subject tract lies rn the }load zone noted. Location on map was determined Dy scale. Actual field elevation not dctermined, unless requested. SOUTEX SURVEYORS, lac.,does sot warrant nor subscribe to the accuracy or stela of said map ~ This survey is certified for this transaction only; it is not transferable to additional iastitutiona or subsequent owners. _~ Y `.. ~~ THIS SURVEY WAS PREPARED VNTHOUT 7HE BENEFIT OF A TITLE REPORT. ANTHONY M. LEGER REG]STERED PROFESSIONAL LAND SURVEYOR N0. 5481 ENCROACHMENT NOTES: r ;. 1. PROPOSED RES. ON CONC. SLAB IS OVER 10' B.L. 4.4' (LEFT SIDE) '; FED1A Flood Zone: ~ ~ OC" ~ Community Panel NO.: j4 _~_ 485499-0035-E ANTHONY M .., ~ ~' Yanel Date: 4j 17 f 8~ OT T~ '717 D~,. I:.:. n,l ~. r~,p R 5481 .~ ~~` U PoriArt6ut 1~„a77642 49 ti~fwS Project No. ~0-0510 ,•'- 7a1.409 fl63.2004 ~~ S U F ~:i, ' SURVEYORS r~ 40~. .'?005 r Drawn By: DINSCORE ----j--~'- aoutcunrvoyors.com swat ~~ ~ ~ ~ ~ ~ ~~1~ l _~'~~ ~ t ~ ~ GP. a ~ ~i wR yi ~ : i wR ~ ®o A ® se Ter. use 0t12 B~pR s. u ° ~ w.+ae ~0 `"'~' .. B v wr T ~ ~ ~~ ~ ' BEDROd'1 4 . 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Roll Call -Chairman, John Clayton convened the meeting at 5:40 p.m. Commissioners present: John Clayton, Eddie Scaggs, Melinda McNulty, Deral Segler and George Boutte, Jr. were present to constitute the necessary quorum. Staff Members present: Colleen Russell, planning director II. Minutes -April 8, 2010 III. B10-03 THROUGH B10-07 (Public Hearing followed by Motion required) A. B10-03 - A PALMER - E 34' OF LOT 9 BLOCK 209. PORT ARTHUR LAND COMPANY SUBDIVISION CITY OF PORT ARTHUR JEFFERSON COUNTY TEXAS. 1721 REV. DR. RANSOM HOWARD ST (PROPERTY LOCATED NORTH OF REV. DR. RANSOM HOWARD STREET (AKA 7T" STREET. AND WEST OF VICKSBURG AVENUE) Speaking for: Doug Curry, American Home Builders, 3670 Hollywood St., Beaumont, TX 77701 Speaking against: None Mr. Segler moved to accept the staff recommendation to approve BID-03 with the requirement that the contractor move the side door of home to the rear,• Ms. McNulty seconded the motion. Vote: All Yeas -Motion Passed B. B10-04 - L DURGIN - W 31' OF LOT 4 & E 2' OF LOT 5 BLOCK 480. PORT ARTHUR LAND COMPANY CITY OF PORT ARTHUR JEFFERSON COUNTY TEXAS 218 GULFWAY DR. (A.K.A. STATE HIGHWAY 87). (PROPERTY LOCATED SOUTH OF GULFWAY DRIVE AND EAST OF SAN ANTONIO AVENUEI Speaking for: Doug Curry, American Home Builders, 3670 Hollywood St., Beaumont, TX 77701 Lindsey Durgin, 218 Gulfway Dr., Port Arthur, TX 77640 Speaking against: None Ms. McNulty moved to accept the staff recommendation to approve B10-04 with the requirement that a 3 foot stoop, which will allow for 2 feet off of side property line; Mr. Scaggs seconded the motion. Vote: All Yeas -Motion Passed C. B10-05 - L DENNIS - N 35' OF S 70' OF LOTS 5 & 6. BLOCK 45, PORT ARTHUR LAND COMPANY SUBDIVISION CITY OF PORT ARTHUR 1EFFERSON COUNTY TEXAS. 934 SAN ANTONIO AVENUE (PROPERTY LOCATED SOUTH OF lOT" STREET AND EAST OF SAN ANTONIO AVENUEI Speaking for: Jonathan Walters, DSW Homes LLC, 805 S. Memorial Freeway, Nederland, TX 77627 Lisa Dennis, 934 San Antonio Ave., Port Arthur, TX 77640 Speaking against: None Mr, Boutte moved to accept to accept the staff recommendation to approve B10-O5; Mr. Segler seconded the motion. Vote: All Yeas -Motion Passed D. B10-06 - C. JONES -LOT 17. BLOCK 25, BRICE ADDITION. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS. 740 BOOKER T. WASHINGTON AVENUE PROPERTY LOCATED WEST OF 8T" STREET AND EAST OF BOOKER T. WASHINGTON AVENUEI Speaking for: Jonathan Walters, DSW Homes LLC, 805 S. Memorial Freeway, Nederland, TX 77627 Cecelia Jones, 740 Booker T. Washington Ave., Port Arthur, TX 77640 Speaking against: None Ms. McNulty moved to accept the staff recommendation to approve B10-06 with the requirement that a 3 X 3 stoop be added to the structure; Mr Boutte seconded the motion. Vote: All Yeas -Motion Passed E. B10-07 - H. RICHARDS - N. 20' OF LOT 22 & S. 10' OF LOT 23. BLOCK 9. PEKIN ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS. 1042 HERGET AVENUE (PROPERTY LOCATED SOUTH OF JAMES GAMBLE BOULEVARD (A.K.A. WEST THOMAS BOULEVARDI AND WEST OF WELFORD AVENUEI Speaking for: Doug Curry, American Home Builders, 3670 Hollywood St., Beaumont, TX 77701 Speaking against: None Mr. Segler moved to accept the staff recommendation to approve B10-07 with the requirement that an exit/entrance door be added in the rear of the home in the hallway adjacent to the Master Bedroom; Ms. McNulty seconded the motion. Vote: All Yeas -Motion Passed IV. Report from Director None V. Future Agenda Items None VI. Meeting Adjourned Mr. Clayton moved to adjourn the meeting, which passed unanimously. John Clayton Chairman Colleen Russell Secretary to the Commission Minutes Approved: