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HomeMy WebLinkAbout01.19.12 ZBA PUBLIC HEARINGCity of Port Arthur Zoning Board of Adjustment Public Hearing January 19, 2012 City of � rtkct��^ 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 City of O f, DEVELOPMENT DEPARTMENT P.O. Box 1089 o r t r It u r Port Arthur, TX 77641 -1089 409- 983 -8135 Fax 409 - 983 -8137 TO: City of Port Arthur Zoning Board of Adjustment (ZBA) Members FROM: Ronald Burton, Director of Planning DATE: January 9, 2012 SUBJECT: January 19, 2012 —Zoning Board Meeting The Port Arthur Zoning Board of Adjustment will meet in regular session at 5:30 p.m., Thursday, January 19, 2012, in the City Council Chambers on the fifth floor of the City Hall. The January 19, 2012 agenda contains two agenda items. 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: John Comeaux, Assistant City Manager - Operations Ross Blackketter, Director of Public Works Lawrence Baker, Director of Community Services Kelly Eldridge, Water Engineer Mark Mulliner, Fire Marshall Paul Washburn, Assistant Fire Marshall Derrick Holland, Senior Engineering Technician DELORIS `BOBBIE" PRINCE, MAYOR HAROLD DOUCET, SR., MAYOR PRO TEM COUNCILMEMBERS: Cl i RAYMOND SCOTT, JR. ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III JOHN BEARD, JR.- ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS NOTICE OF PUBLIC HEARING CITY OF PORT ARTHUR ZONING BOARD OF ADJUSTMENT THURSDAY, JANUARY 19, 2012 CITY HALL — 5TH FLOOR CITY COUNCIL CHAMBERS 5:30 P.M. STEPHEN FITZGIBBONS CITY MANAGER SHERRI BELLARD ACTING CITY SECRETARY VALECIA TIZENO CITY ATTORNEY AG ENDA 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 19, 2012 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5TH FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. II III. ROLL CALL PUBLIC HEARING B12 -01 — D. CHAVIS —LOT 7, BLOCK 3, ROOSEVELT ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF WEST STH STREET AND WEST OF LINCOLN AVENUE), VARIANCE FOR: LOCATION CURRENT REQUIRED DEFICIENCY 836 W. 5TH STREET 40 X 135 50 X 100 10 FT. WIDTH B12 -02 — P. BOOKER —LOT 2, BLOCK 3, ROOSEVELT ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF WEST 5TH STREET AND WEST OF LINCOLN A VEN UE), VARIANCE FOR: LOCATION 808 W. 5TH STREET IV. MINUTES V. REPORT FROM DIRECTOR VI. FUTURE AGENDA ITEMS VII. ADJOURNMENT CURRENT REQUIRED DEFICIENCY 40 X 135 50 X 100 10 FT. WIDTH RONALD BURTON, DIRECTOR OF PLANNING DATE AND TIME POSTED: MONDAY, JANUARY 9.2012. AT 12:00 NOON P.O. BOX 1089 a PORT ARTHUR, TEXAS 77641 -1089 0 409/983 -8115 0 409 - 983 -8291 INTEROFFICE MEMORANDUM TO: THE CITY OF PORT ARTHUR - ZONING BOARD OF ADJUSTMENT FROM: RONALD BURTON, DIRECTOR OF PLANNING SUBJECT: B12 -01 - VARIANCE REQUESTED FOR - 937 W. 5TH STREET [A.K.A. LOT 18, BLOCK 2, ROOSEVELT ADDITION], CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 1/5/2012 BACKGROUND: The Zoning Board of Adjustment is being asked to consider a variance request for the following: On Thursday, December 29, 2011, thirty -two (32) notices were mailed to adjacent property owners within a 200 ft. radius and the public notice was published in the Port Arthur News on Sunday, January 1, 2012, more than ten (10) days prior to the ZBA public hearing scheduled for January 19, 2012. Owner /Applicant - Dwight Chavis RECOMMENDATION: Planning Staff recommends approval of this request, due to the financial hardship of the applicant not being able to purchase an alternate legally conforming lot. The proposed structure will fit on the property with the required setbacks. The granting of a variance Property Address: 937 W. 5th Street, Port Arthur, TX 77640 Property Location: north of West 5 1 h Street and east of Dunbar Avenue Current Lot Size: 40'X 135' (Width /Depth) Required Lot Size: 50'X 100' (Width /Depth) Variance Requested For: 10' Width Zoning: Purpose of Variance: "SF" Single- Family New Construction of Residential Home under the Hurricane IKE Disaster Recovery Program. On Thursday, December 29, 2011, thirty -two (32) notices were mailed to adjacent property owners within a 200 ft. radius and the public notice was published in the Port Arthur News on Sunday, January 1, 2012, more than ten (10) days prior to the ZBA public hearing scheduled for January 19, 2012. Owner /Applicant - Dwight Chavis RECOMMENDATION: Planning Staff recommends approval of this request, due to the financial hardship of the applicant not being able to purchase an alternate legally conforming lot. The proposed structure will fit on the property with the required setbacks. The granting of a variance will allow for a deviation from the required 50 ft. frontage stipulated in a single - family zoned district to 40 ft. allowing the property owner to rebuild on this legally non- conforming lot. BUDGETARY /FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None SUMMARY: Planning staff recommends approval of this variance. 2 GENERAL NOTES 1. SURVEY PREPARED WITHOUT BENEFIT OF A TITLE ABSTRACT OR TITLE COMMITMENT. PROPERTY MAY BE SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OF RECORD OR DEED. 2. THIS PLAT IS FOR EXCLUSIVE USE BY CLIENT. USE BY THIRD PARTIES IS AT THEIR OWN RISK. 3. SURVEY DOES NOT WARRANT PROPERTY OWNERSHIP AND THERE MAY BE ISSUES OF TITLE AND ADDITIONAL DEEDS PERTAINING TO THE SUBJECT PROPERTY NOT REFLECTED. 4. SURVEY SHOWS ONLY BOUNDARY INFORMATION. NO IMPROVEMENTS, SUCH AS HOUSES, STRUCTURES, FENCES OR ENCROACHMENTS, ARE SHOWN ARE PER CLIENTS FIR SCOPE. AS SUCH, THE SURVEY TAKES EXCEPTION TO ALL SUCH MATTERS PERTAINING TO THE DISCLOSURE OF IMPROVEMENTS OR ENCROACHMENTS. 5. THE HOUSE AT THIS ADDRESS MAY OR MAY NOT LIE ON THE PROPERTY BOUNDARY DEPICTED BYTHE SURVEY. CONTRACTOR SHOULD CONFIRM HOUSE LOCATION PRIOR TO DEMOLITION AND RECONSTRUCTION TO ENSURE NEW CONSTRUCTION 15 BUILT WITHIN PROPERTY AND SETBACK BOUNDARIES AS SURVEY DOES NOT WARRANT SUCH. 6. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND 15 FOUND TO BE ACCURATE WITHIN ONE FOOT IN 10,000 FEET. 7. THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 10,000 FEET AND AN ANGULAR ERROR OF 7 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE. S. EQUIPMENT USED: TOPCON APLi TOTAL ROBOTIC STATION. SCALE: V= 30' 30' 0' 30' GRAPHIC SCALE - FEET 16 U V �0F 15 14 m� �"Ap 17 s 'V 00 0P hO ( LEGEND: RBS- Rebar Set RBF- Rebar Found OTPF- Open Top Pipe Found CTPF- Crimp Top Pipe Found BL- Building Line DE- Drainage Easement PE- Perpetual Easement SSE- Sanitary Sewer Easement P- Porch UE- Utility Easement -X- Fence -D- Drainage Easement -S- Sewer Easement CB- Catch Basin R/W- Right of Way CONC- Concrete Dk- Deck Pat- Patio S- Stoop OWNER: ADDRESS ANTHONY CHAVIS 937 W. 5TH STREET PORT ARTHUR, TEXAS 77640 1428 SF 26'x 55' -4" "ETFLEX Ob C AREA: 5400 SF — 0.12 ACRES MAP VOL. 608, PAGE 339 SURVEY FOR: CARTER LAND SURVEYORS S.E. TEXAS REGIONAL AND PLANNERS PLANNING COMMISSION 2780 Peachtree Industrial Boulevard SUBDIVISION: ROOSEVELT ADDITION Duluth GA 30097 LOT: 18 BLOCK: 2 Ph: 770.495.9793 CITY OF PORT ARTHUR F - Toll Free: 866.637.1048 JEFFERSON COUNTY, TEXAS www.carterland.com FIELD WORK DATE: 10/11/2011 Atlanta • Charlotte • Houston • Dallas 2011100142 SETR.PC Galveston • Beaumont 10' EASEMENT (PER PLAT) 26 42 27 zo" WEST� ST. N 32 LJ oC 16 VA WEST 5th ST HEF=-1-6 ---- 32 16 1 000000 B12 -01 937 W. 5TH STREET (DWIGHT CHAVIS) I Property located north of West 5 Street and east I of Dunbar Avenue. Requesting a 10' variance in lot width. Current lot dimensions are: 40' width X 135' de th. INTEROFFICE MEMORANDUM TO: THE CITY OF PORT ARTHUR - ZONING BOARD OF ADJUSTMENT FROM: RONALD BURTON, DIRECTOR OF PLANNING SUBJECT: B12 -02 - VARIANCE REQUESTED FOR - 1249 W. PROCTER STREET [A.K.A. LOT 25, BLOCK 9, ROOSEVELT ADDITION], CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 1/5/2012 BACKGROUND: The Zoning Board of Adjustment is being asked to consider a variance request for the following: roperty Address: 1249 W. Procter Street, Port Arthur, TX 77640 operty Location: F north of West Procter Street and west of Harding Avenue Current Lot Size: 40' X 135' (Width /Depth) equired Lot Size: 50'X 100' (Width /Depth) Variance Requested For: 10' Width Zoning: "SF" Single - Family Purpose of Variance: New Construction of Residential Home under the Hurricane IKE Disaster Recovery Program. On Thursday, December 29, 2011, twenty -six (26) notices were mailed to adjacent property owners within a 200 ft. radius and the public notice was published in the Port Arthur News on Sunday, January 1, 2012, more than ten (10) days prior to the ZBA public hearing scheduled for January 19, 2012. Owner /Applicant - Pamela Livingston RECOMMENDATION: Planning Staff recommends approval of this request, due to the financial hardship of the applicant not being able to purchase an alternate legally conforming lot. The proposed structure will fit on the property with the required setbacks. The granting of a variance will allow for a deviation from the required 50 ft. frontage stipulated in a single - family zoned district to 40 ft. allowing the property owner to rebuild on this legally non- conforming lot. BUDGETARY /FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None SUMMARY: Planning staff recommends approval of this variance. 2 GENERAL NOTES 1. SURVEY PREPARED WITHOUT BENEFIT OF A TITLE ABSTRACT OR TITLE COMMITMENT. PROPERTY MAY BE SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OF RECORD OR DEED. 2. THIS PLAT 15 FOR EXCLUSIVE USE BY CLIENT. USE BY THIRD PARTIES IS AT THEIR OWN RISK. 3. SURVEY DOES NOT WARRANT PROPERTY OWNERSHIP AND THERE MAY BE ISSUES OF TITLE AND ADDITIONAL DEEDS PERTAINING TO THE SUBJECT PROPERTY NOT REFLECTED. 4. SURVEY SHOWS ONLY BOUNDARY INFORMATION. NO IMPROVEMENTS, SUCH AS HOUSES, STRUCTURES, FENCES OR ENCROACHMENTS, ARE SHOWN ARE PER CLIENTS RFI SCOPE. AS SUCH, THE SURVEY TAKES EXCEPTION TO ALL SUCH MATTERS PERTAINING TO THE DISCLOSURE OF IMPROVEMENTS OR ENCROACHMENTS. 5. THE HOUSE AT THIS ADDRESS MAY OR MAY NOT LIE ON THE PROPERTY BOUNDARY DEPICTED BY THE SURVEY. CONTRACTOR SHOULD CONFIRM HOUSE LOCATION PRIOR TO DEMOLITION AND RECONSTRUCTION TO ENSURE NEW CONSTRUCTION 15 BUILT WITHIN PROPERTY AND SETBACK BOUNDARIES AS SURVEY DOES NOT WARRANT SUCH. 6. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 10,000 FEET. 7. THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 10,000 FEET AND AN ANGULAR ERROR OF 7 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE. 8. EQUIPMENT USED: TOPCON APLI. TOTAL ROBOTIC STATION. SCALE: V = 30' 30' 0' 30' GRAPHIC SCALE — FEET w C R1 0 � ro o0 y x 10' EASEMENT m 5' EACH SIDE OF P/L zi O O N 84°26'39' 134.81' o Go rn z r __4 � m al ;a o r 25 CD O u+ m C ;�a s' BL N O o1i 5 84 °26'33 "W 135.03' T m N rn, T 26 1428 SF LEGEND: RBS- Rebar Set 26 55' -4" RBF- Rebar Found OTPF- Open Top Pipe Found SETFLEX 0 6 CTPF Crimp Top Pipe Found BL BL- Building Line DE- Drainage Easement PE- Perpetual Easement SSE- Sanitary Sewer Easement P- Porch UE- Utility Easement -X- Fence OWNER: PAMELA J. LIVINGSTON -D- Drainage Easement AREA: 5392 SF ^ 0.12 ACRES -S -Sewer Easement ADDRESS: 1249 WEST PROCTER STREET CB -Catch Basin PORT ARTHUR, TEXAS 77640 DEED INDEX 2008037538 R/W- Right of Way CONC- Concrete Dk- Deck Pat- Patio S- Stoop SURVEY FOR: CARTER LAND SURVEYORS S.E. TEXAS REGIONAL AND PLANNERS PLANNING COMMISSION 2780 Peachtree Industrial Boulevard SUBDIVISION: ROOSEVELT ADDITION Duluth, GA 30097 LOT: 25 BLOCK: 9 Ph: 770.495.9793 CITY OF PORT ARTHUR — Tall Free: 866.637.1048 JEFFERSON COUNTY, TEXAS www.carterland.com FIELDWORK DATE: 08/26/2011 Atlanta • Charlotte -Houston a Dallas 2011080671 SETRPC Galveston • Beaumont B12 -02 1249 W. PROCTER STREET (PAMELA LIVINGSTON) I Property located north of West Procter Street and I west of Harding Avenue. I Requesting a 10' variance in lot width. Current lot I dimensions are: 40' width X 13 S' depth. MINUTES City of Port Arthur Zoning Board of Adjustment and Appeals Thursday, July 28, 2011 Public Hearing - 5:30 P.M. CITY HALL - 5TH FLOOR COUNCIL CHAMBERS Roll Call - Chairman, George Boutte, Jr. convened the meeting at 5:35 p.m. Commissioners present: John Clayton, Melinda McNulty, George Boutte, Jr., Deral Segler and Eddie Scaggs were present to constitute the necessary quorum. Staff Members present: Paul Brown, senior planner, Pamela Langford, administrative aide and Lucy Lane, administrative clerk ll. 1311 - 01,1311 -02, B11 -04 AND B11 -06 (Public Hearing followed be required motion) A. 1311 -01 - L. AUZENNE -LOT 7. BLOCK 3. ROOSEVELT ADDITION. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED SOUTH OF WEST 5TH STREET AND WEST OF LINCOLN AVENUE) Speaking for: Lois Auzenne, 1306 W. 6 Street, Port Arthur, TX 77640 Shanna Burke, SETRPC, 2210 Eastex Freeway, Beaumont, TX 77703 Speaking against: None John Clayton moved to accept the staff recommendation to approve B11 -01; Deral Segler seconded the motion. Vote: Yeas - John Clayton, Deral Segler, Eddie Scaggs, George Boutte, Jr. Oppose - Melinda McNulty Motion Passed. B. B11 -02 - P. BOOKER -LOT 2. BLOCK 3. ROOSEVELT ADDITION. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED SOUTH OF WEST 5TH STREET AND WEST OF LINCOLN AVENUE) Speaking for: Paulette Booker, 808 W. 5th Street, Port Arthur, TX 77640 Shanna Burke, SETRPC, 2210 Eastex Freeway, Beaumont, TX 77703 Speaking against: None Deral Segler moved to accept the staff recommendation to approve BII -OZ; Melinda McNulty and Eddie Scaggs seconded the motion. Vote: All Yeas - Motion Passed. C. B11 -04 - K. MCGLORY -LOT 10, BLOCK 8. ROOSEVELT ADDITION. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED SOUTH OF WEST 6THSTREETAND EAST OF WELFORD AVENUE) Speaking for: Kevin McGlory, 1306 W. 6 Street, Port Arthur, TX 77640 Shanna Burke, SETRPC, 2210 Eastex Freeway, Beaumont, TX 77703 Speaking against: None John Clayton moved to accept to accept the staff recommendation to approve 1111-04; Eddie Scaggs seconded the motion. Vote: All Yeas - Motion Passed D. B11 -06 - L. ROSE -LOT 23, BLOCK 6. ROOSEVELT ADDITION. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED NORTH OF WEST PROCTER STREET AND EAST OF HARDING AVENUE) Speaking for: Laura Rose, 1111 W. Procter Street, Port Arthur, TX 77640 Shanna Burke, SETRPC, 2210 Eastex Freeway, Beaumont, TX 77703 Speaking against: None Eddie Scaggs moved to accept the staff recommendation to approve B11 -06; Melinda McNulty seconded the motion. Vote: All Yeas - Motion Passed III. Minutes - August 26, 2010 Melinda McNulty moved to accept the minutes of August 26, 2010, Deral Segler seconded the motion. Vote: All Yeas - Motion Passed IV. Report from Director None V. Future Agenda Items None VI. Meeting Adjourned Melinda McNulty moved to adjourn the meeting; Eddie Scaggs seconded the motion, which passed unanimously. George Boutte, Jr., Chairman Ronald Burton, Secretary to the Commission Minutes Approved: