Loading...
HomeMy WebLinkAbout08.26.10 ZBA PUBLIC HEARING City of Port Arthur Zoning Board of Adjustment Public Hearing August 26 2010 Planning Department City of c r P. 0. Box 1089 Port Arthur, Texas 77640 (409) 983 -8135 r rth r (409) 983 -8137 fax paplanningi�portarthur.net I CITY OF PORT ARTHUR PLANNING AND COMMUNITY city of DEVELOPMENT DEPARTMENT _ P.O. Box 1089 ort rthuur 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: August 16, 2010 SUBJECT: August 26, 2010 – Zoning Board Meeting The Port Arthur Zoning Board of Adjustment will meet in regular session at 5:30 p.m., Thursday, August 26, 2010, in the City Council Chambers on the fifth floor of the City Hall. The August 26, 2010 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 STEPHEN FITZGIBBONS MORRIS ALBRIGHT, III, MAYOR PRO TEM CITY MANAGER Energy COUNCILMEMBERS: City of Cuy TERRI HANKS JACK CHATMAN, JR. `` /,l CITY SECRETARY ELIZABETH "LIZ" SEGLER MARTIN FLOOD JOHN BEARD, JR. O r t j L x ROBERT E. WILLIAMSON as R CITY ATTORNEY D. KAY WISE THOMAS J. HENDERSON NOTICE OF PUBLIC HEARING CITY OF PORT ARTHUR ZONING BOARD OF ADJUSTMENT THURSDAY, AUGUST 26, 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, AUGUST 26, 2010 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5TH FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. ROLL CALL II. MINUTES - July 8, 2010 MOTION REQUIRED III. B10 -13 - L. KEAL - PART OF LOT 1, BLOCK 66, PALCO ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 841 ATLANTA AVENUE, (PROPERTY LOCATED SOUTH OF 9 STREET AND WEST OF ATLANTA AVENUE), VARIANCE FOR: LOCATION CURRENT REQUIRED DEFICIENCY 841 ATLANTA AVENUE 94.8 X 50 100 X 60 10 FT. WIDTH /SIDES IV. B10 -14 - L. MAYFIELD - THE RIGHT 65 FEET OF LOT 6, BLOCK 391, PALCO ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 1515 15TH STREET (PROPERTY LOCATED SOUTH OF GULFWAY DRIVE [AKA STATE HIGHWAY 87] AND EAST OF STILWELL BOULEVARD), VARIANCE FOR: LOCATION CURRENT REQUIRED DEFICIENCY 1515 15TH STREET 50 X 65 50 X 100 35 FT. DEPTH V. REPORT FROM DIRECTOR VI. FUTURE AGENDA ITEMS VII. A I R. pT � COLLEEN RUSSE L, CRP DIRECTOR OF PLANNING DATE AND TIME POSTED, TUESDAY. AUGUST 17.2010. AT 12:00 NOON P.O. BOX 1089 0 PORT ARTHUR, TEXAS 77641.1089 o 409/983 -8115 0 409-983-8291 MINUTES City of Port Arthur Zoning Board of Adjustment and Appeals Thursday, July 8, 2010 Public Hearing - 5:30 P.M. CITY HALL - 5TH FLOOR COUNCIL CHAMBERS I. Roll Call - Chairman, John Clayton convened the meeting at 5:45 p.m. Commissioners present: John Clayton, Deral Segler, Eddie Scaggs and George Boutte, Jr. were present to constitute the necessary quorum. Staff Members present: Colleen Russell, planning director and Pamela Langford, administrative aide II. Minutes - June 10, 2010 George Boutte, Jr. made a motion to accept minutes as presented; Eddie Scaggs seconded the motion. Vote: All Yeas - Motion passed. III. B10 -10 NEW, B10 -11 AND B10 -12 (Public Hearing followed by Motion required) A. B10 -10 NEW - R. TORTORICE - TRACTS 113 AND 115, 123 D GAHAGEN, PLEASURE ISLAND, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 3844 S. MARTIN LUTHER KING, JR. DRIVE (PROPERTY LOCATED SOUTH OF HIGHWAY 82 [A.K.A. MLK DRIVE] 6 MILES EAST OF B. ELLISON BOULEVARD AND THE BRIDGE OVERPASS) Speaking for: Keith Kemplay, 7855 Bluebonnet Lane, Beaumont, TX 77713 Speaking against: None Mr. Boutte moved to accept the staff recommendation to approve B10 -10 NEW with the following stipulations: 1. A new structure /home must be built on property within one year of effective date published in the Port Arthur News (July 22, 2010) or RV structure will have to be removed. 2. Property will require a replat; Mr. Scaggs seconded the motion. Vote: All Yeas - Motion Passed B. B10 -11 - B. BELL - PART OF LOT 15B, BLOCK 32, BEACHWAY ADDITION AND LOT 3L, BLOCK 18, LAMBERT ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, 3233 13TH STREET (PROPERTY LOCATED SOUTH OF GULFWAY DRIVE [A.K.A. HIGHWAY 87] AND EAST OF 4TH AVENUE) Speaking for: None Speaking against: None Mr. Segler moved to accept the staff recommendation to approve BIO -11 with the following stipulations: 1. If the house is to build as proposed, firewalls will be required on all sides /areas of the home that are less than 5 ft, from the property line. 2. Carport can not extend to the sidewalk, though it may elongate to the front of the property (less than 20 ft.) 3. Property will require a replat,• Mr. Boutte seconded the motion. Vote: All Yeas - Motion Passed C. B10 -12 - K. SHIELDS - LOT 16. BLOCK 11. PASADENA ADDITION. CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. 801 COLORADO AVENUE (PROPERTY LOCATED NORTH OF 8TH STREET AND WEST OF COLORADO AVENUE BY KANSAS CITY RAILROAD [RIGHT - OF -WAY]) Speaking for: Krystal Shields, 801 Colorado Avenue, Port Arthur, TX 77640 Speaking against: None Mr. Boutte moved to accept the staff recommendation to approve B10 -12 with the following stipulations: 1. Fence must slope to less than two (2) feet along front property line; fence and /or shrubs must be see - through. 2. If the house is to build as proposed, firewalls will be required on the east and west sides of the home (less than 5 ft. from the property line). Mr. Segler seconded the motion. Vote: All Yeas - Motion Passed IV. Report from Director None V. Future Agenda Items None VI. Meeting Adjourned Mr. Boutte moved to adjourn the meeting; Mr. Segler seconded the motion, which passed unanimously. John Clayton Colleen Russell Chairman Secretary to the Commission Minutes Approved: CITY OF PORT ARTHUR PLANNING DEPARTMENT TO: THE ZONING BOARD OF ADJUSTMENT FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRUCTION (B10 -13) DATE: 08/10/2010 BACKGROUND: The Zoning 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. VARIANCE WILL BE ON THE FOLLOWING LOT: LOCATION CURRENT REQUIRED DEFICIENCY 841 ATLANTA AVE 94.8 X 50 100 X 60 10FT WIDTH /SIDES This site is located south of 9 th Street and west of Atlanta Avenue by the PAISD bus barn. It is also known as part of Lot 1, Block 66, PALCO Addition, A- 053400, Port Arthur, TX 77640 -3512. The zoning is "MF" Multi - family for Townhouse /duplex or single - family housing. This property will be used for the construction of a single - family dwelling. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on August 11, 2010, fifteen (15) days prior to the public hearing. Applicant - American Home Builders, Inc. Owner - Laura Keal RECOMMENDATION: Staff has no objections to this request because the lot is on the corner, the visibility triangle and proper setbacks shall be met for the Zoning Code. The house will fit on the property with the correct frontal /back setbacks, but on the side by (Atlanta Avenue and 8 th Street) the setbacks are negated by the need for 10 feet (only 3 feet exist). 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 Atlanta Avenue. If the homeowner chooses to have a fence, it may only be see - through and shrubs must be less than two feet along the curb. B1O -13- 841 Atlanta Avenue e `. 9r �7"'- �M� p 4 �. ,, 4 . 900 ' k 111""" P yy (( %L . r . S T 0 p ' , ., Property located south of 9th Street and west Alley right -of -way and easements are located to of Atlanta Avenue by the PAISD bus barn. the right of the property. n f t„ t I L k , : . , , . t . 1 ' s ,,, r o ; The proposed house will face Atlanta Avenue, but is not directly by 9th Street. 2 I 1iUg. '. LJIU 4:4LrNI limerIcan name buflaers 110. LLYL r I OrNER. , NOTES L THIS PROPSKTY IS 9UBJlCr Tt) ADDriYONAL SA EAS.EIvfragTS OR RESTRICTIONS OF RI?CORD, 2_ C:ARTER LAND SURVEYORS IS U14ABLE TO WARRANT THEAiCURACY OF BOUNDARY II 1FTJR IATTON, STRUCTURES, EASEMENTS. AND BUFFERS THAT ARE ILLI STRATED ON 111E $UADIYL4LCN FLAT. 3. UTILITY EASEMENT HAS NOT BEEN F.ELD VERIFIED HY SURVEYOR COtrAC-r uT)L.ITY ODNTB ACTOR TOR LOCATION PRIOR TO toN5TR11C ITON_ (IF APPLICABLE) 4, TATS FLAT LS FOR EXCLUSIVE USE BY CLIENT t) NOT FOR RECORDING. USE BY T;IIRL) PARTIES IS AT okut OWN RMS. 3. DIMENSIONS PRAM HOUSE TO PROPERTY LINES $HQVL-D NOT BE USED TO ESTAELIRR FENCES. 6. MIS IS A PERMIT DRAWING} AND NOT A BOUNDARY SURVEY. SCALE: 1" * 30' AREA: 4,740 S.t:., 0,109 ACRES j• L' 30' MAP VOL_ 1, PAGE 50 L —FEE i. v., '1 ay w .15` N�' � o 0 t> '' ',4/' , / ' C' EXISTING HOUSE - / TO fir RFMOVIR) f '9p ,3 .- T � •f r� 0 Yj , -O , i. z ca o 's a 'c LEGEND: RES- Rear Set REIF -Milar I ouaa OM- ()Pen Top Pipe Ftsal CTPF.(Weep Top Pte Fond ulAsi dI 1 t Ant DE— Drrioasgr Eaaot PE- Perpetual Est SSE- Sttetkary &..rr Eaermcvt P- Mni TIE- Lkglp. Emmett -X- Felice - tl DraGnag. Easemtat - 5 Sewer Element CB- Catch Bassi NW- Rlgbt of Way CO7NC Coacrter NOTE: m . Ike.► OWNER: PER CITY t IF PORT ARTHUR GEORGIA SEAL Fat - Pats LAUR VF.A Is ALLOWED ON PERie rr OR ,.v AWc5. THIS IS $ Stn° NOT A BOUNDARY' M RIMY, Kyr FOR RECURDIN+tL, SITE PLAN FOR: AMERICAN HOKE CARTER LAND SURVEYORS . R C r BUILDERINC. AND PX ANNERS / 4 T p . i ONE RIVERWAY, SUITE I7UU K , fr SUBDIVIS[tiN: PORT ARTHuR 110J$IL?11,TY7745b ¢ LOT: PART OF 1 BLOCK: CITY OF PORT ARTHUR PHI 713 4 . 8ti 740 JEFFERSON COUNTY. TRXAS , 7 6.5 ,ee, A j FIELD WOKK DATE: D1112120)o www.CVta'iands,om d C / \ t� sua , 2(t10080)52 AHB ATLANTA • CHARLOTTE • H4(JS'IO*I ` � A � G W'\ SUtTracoapt(\ ton 102E7dn., I'3(1 50 51 52 6 I 6 I 6 I 7 12 7 12 7 12 9th St. uw i i-- 67 Q 66 � 65 � Q 6 I � 6 I < 6 I 7 12 w 7 12 g 7 12 w a I 8th St. ., 82 - - -- E3 1121 i I I i I7I61 I I I I 1 I P.A.I.S.D. 6 i 13 ,E,s 24 PROPERTY 7 12 CITY OF PORT ARTHUR PLANNING DEPARTMENT TO: THE ZONING BOARD OF ADJUSTMENT AND APPEALS FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING SUBJECT: VARIANCES FOR HOUSE RECONSTRUCTION (B10 -14) DATE: 08/10/2010 BACKGROUND: The Zoning 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. VARIANCE WILL BE ON THE FOLLOWING LOT: LOCATION CURRENT REQUIRED DEFICIENCY 1515 15TH STREET 50x65 50x100 35 FT. DEPTH This site is located south of Gulfway Drive (A.K.A. State Highway 87) and east of Stilwell Blvd. It is also known as the right 65 feet of Lot 6, Block 391, PALCO Addition, A- 053400, Port Arthur, TX 77640. The zoning is "2F" Two - family for Townhouse /duplex in front and the back portion is "LC" for Light Commercial. Since this lot is a non - conforming lot by deed it will need to be replatted, as it is surveyed for the use of a two -story house. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication being done on August 11, 2010, fifteen (15) days prior to the public hearing. Easements and benchmarks were verified by developer, such that land was free of adjacent property owners' encumbrances by separate instruments or entitlements. Agent - Scott Walter (DSW Homes) Owner - Lucille Mayfield RECOMMENDATION: Staff has no objections to this request because the lot is on the corner; the visibility triangle and proper setbacks shall be met for the Zoning Code. The house will fit on the property with the correct frontal /back setbacks, but on the side by (Stillwell Boulevard and 15th Street) the setbacks are negated by the desire to build a two story house. BUDGETARY /FISCAL EFFECT: None 1 STAFFING /EMPLOYEE EFFECT: None SUMMARY: The Zoning Board of Adjustment is requested to approve this lot with a width less than 10 feet by Fifteen Street and alley. Fence may only be transparent and shrubs must be less than two feet along this curb. B10- 14- is located south of Gulfway Drive and east of Stillwell Boulevard (near Bryan Park) t y. '�� r r , ' .,� ,. "fir �' � „ � At +"""'YW . : r ,y� -- _ _.. 4 ,--_*. , a; "..' i'. 'f"S i, E _. 3 � - k � { k s Sep- wx.'43E. - v , � , T g i The lot width, though 50 feet, is lacking 10 feet of width by Fifteen Street and alley. , R k. > W Y e i, 411 .f ; IMF attiotsil '- . m- The house will face 15th Street, but is not directly by Stilwell Boulevard. 2 5 SURVEY LEGEND — E—E -- ELECTRIC LINE F CONCRETE SURFACE F SMMMING POOL s A .C. AIR COND 1770MNG UNIT = = _ =WOOD FENCE — PL—PL --- PIPELINE ® COVERED AREA I I DITCH = PT, POWER POLE // LINK FENCE —T—T— TELEPHONE LINE 1r7, d ROCK OR GRAVEL LI LAWN t STREETLIGHT X BARBED WIRE FENCE CLIENT: LUCILLE MAYFIELD ti —. 1/ N SCALE 1" = 20' LOT5 g� 3 FOUND 3/4" IRON kOD N 4149'08" E 64.97' ` IRON Rab e (CALLED N 41'13'00" E 65.00) / r n 70' building setback line LOT 7 L 0 T irb-- G W �o , � �� rn a W Q p p� G ,\ .p 3 ° o o �J g 4'..4'... �G .4'(> N. 20' building setback 110,2 4p `' °59C' .303 ' U1 V S p3 t b � by Z� DRIVE SET 7/2" FOUND 1/2" O (1 / IRON ROD _ o • / IRON ROD / S 4103'37" W 64.95' N 41•3'46' E 20.00' FOUNON PIPE D 374" (REFERENCE BEARING) (CALLED N 41'13'00" E 20.00) IR (CALLED 65.002 1515 FIFTEENTH STREET (60' R.O.W. PER PLAT) THIS SURVEY WAS COMPLETED WITHOUT A TITLE COMMITMENT. EASEMENTS AND OTHER ENCUMBRANCES OF RECORD ISERE NOT RESEARCHED AS PART OF OUT? SERVICES. EASEMENTS AND ENCUMBRANCES MAY EXIST ON THIS PROPERTY AND ARE NOT REFLECTED ON THIS PLAT. SURVEYOR'S CER77FICATE I do hereby certify to the best of my knowledge and belief that this is on accurate plot of a survey made on the ground, under my supervision, showing THE BOUNDARY ONNLY, as of AUGUST 4, 2010. The above tract being located at 1515 FIFTEENTH STREET, PORT ARTHUR, TEXAS 77640 The tract being described as THE REAR 65' OF LOT 6, IN BLOCK 391, OF THE CITY OF PORT ARTHUR as recorded in VOLUME 1, PAGE 50, OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS. In accordance with Rood Insurance Rate Mop (FIRM) of the Federal Emergency Management Agency, the subject tract is located in Rood Zone noted below. The location of the property was determined by scale. Actual field elevation was not determined, unless requested FAUST Engineering and Surveying, Inc does not warrant or subscribe to the accuracy of said map. © 2010 FAUST Engineering and Surveying, Inc. All rights reserved ( 2 4 THIS SURVEY IS CERTIFIED FOR THIS TRANSACTION ONLY AND IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE TO OTHERS FOR ANY LOSS RESULTING THEREFROM. RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 SURVEYOR'S NOTES: Date: AUGUST 4, 2010 OF Census Tract: 62 ' ' T� • • FEMA Flood Zone: B A TF Community Panel NO.: Q i ( O .� A RICHARD F. FAUST ■ 485499—C1030 E • _ A Panel Dote: 4/17/84 `- . 9 4782 Q �' y1 SS\d.'.k Field Bo No.: 10 -5 • Q • • 1 ,■ Project No. 100406 2525 cALn}_ G INEERIING � AND SURVEYING, INC. (409) 813 -3410 x 1"40 (409) 813 -3484 AVE. CD W o W • - w NJ NJ --„I STILWELL BLVD. 11 ...., rw . _ -ji Ul ri C)° r(4). ■,...j Milli .0 • II ' .° ` .. MEMPHIS AVE. w w w •. S. 1 CO I.)