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HomeMy WebLinkAbout09.06.12 ZBA PUBLIC HEARING Cit y of Port Arthur Zoning Board of Adjustment Public Hearing September 6, 2012 Planning Department P. 0. Box 1089 Port Arthur, Texas 77640 (409) 983-8135 , , r ,- t Ir r,/' (409) 983 -8137 fax �""' p_ *p nn ngAportarthur net . CITY OF PORT ARTHUR ors of . y E' " I PLANNING AND ZONING DIVISION ' " '` P.O. Box 1089 n r� r� t: r Port Arthur, TX 77641 -1089 Office: 409 - 983 -8135 Fax: 409 - 983 -8137 TO: City of Port Arthur Planning Commission Members FROM: Ronald Burton, Planning Director DATE: August 27, 2012 SUBJECT: September 6, 2012 - Planning /Commission Meeting 1 The Port Arthur Zoning Board of Adjustment will meet in regular session at 5:30 p.m., Thursday, September 6, 2012, in the City Council Chambers on the fifth floor of the City Hall. The September 6, 2012 agenda contains one agenda item. Please make every effort to attend so that we may have a quorum. If for some reason you cannot attend, please contact the Planning Division at 983 -8135. Enclosure Cc: 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 FLOYD T. JOHNSON WILLIE "BAE" LEWIS, JR., MAYOR PRO TEM CITY MANAGER Energy COUNCIL MEMBERS: CE tt ()t Cuq ` ! RAYMOND SCOTT, JR. VALECIA "VAL" TIZENO ELIZABETH "LIZ" SEGLER , J CITY ATTORNEY MORRIS ALBRIGHT, III ', t /C HAROLD DOUCET, SR. ROBERT E. WILLIAMSON Texas s SHERRI BELLARD DERRICK FREEMAN CITY SECRETARY KERRY "TWIN" THOMAS NOTICE OF PUBLIC HEARING CITY OF PORT ARTHUR ZONIN6 BOARD OF ADJUSTMENT THURSDAY, SEPTEMBER 6, 2012 CITY HALL _ StlA FLOOR CITY COUNCIL CHAMBERS Ss30 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, SEPTEMBER 6, 2012 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5TH FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. ROLL CALL PUBLIC HEARING II. B12 -03 — P. JACKSON —LOT 1, BLOCK 554, MODEL ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED ON THE SOUTHWEST CORNER OF 9TH STREET AND STHAVENUE), VARIANCE FOR: LOCATION CURRENT REQUIRED DEFICIENCY 3248 9TH STREET 55' X 140' 50' X 100' 2.8' FT. ENCROACHMENT ONTO THE SIDE SETBACK III. MINUTES IV. REPORT FROM DIRECTOR V. ADJOURNMENT 1P •���, RONALD B ' TON, DIRECTOR OF PLANNING DATE AND TIME POSTED: TUESDAY. AUGUST 28.2012. AT 12:00 NOON PLANNING & ZONING DIVISION P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641 -1089 • 409/983 -8135 • FAX 409 - 983 -8137 INTEROFFICE MEMORANDUM TO: THE CITY OF PORT ARTHUR - ZONING BOARD OF ADJUSTMENT FROM: RONALD BURTON, DIRECTOR OF PLANNING SUBJECT: B12 -03 - VARIANCE REQUESTED FOR - 3248 9TH STREET [A.K.A. LOT 1, BLOCK 554, MODEL ADDITION], CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 8/27/2012 BACKGROUND: The Zoning Board of Adjustment is being asked to consider a variance request for the following: Property Address: 3248 9th Street, Port Arthur, TX 77642 Property Location: southwest corner of 9th Street and 5 th Avenue. Current Lot Size: 55' X 140' (Width /Depth) Minimum Required Lot 50' X 100' (Width /Depth) Size: Variance Requested For: 2.8' encroachment onto the side setback (corner). Zoning: "2F" Two - Family Requesting relief from a 2.8 -foot encroachment over Purpose of Variance: the side -yard setback for a newly constructed home. On Monday, August 20, 2012, twenty -three (23) notices were mailed to adjacent property owners within a 200 ft. radius and the public notice was published in the Port Arthur News on Wednesday, August 22, 2012, more than ten (10) days prior to the ZBA public hearing scheduled for September 6, 2012. Owner - Paulette Jackson Applicant /Agent - Rev. Dr. Airon Reynolds, Jr. RECOMMENDATION: After careful consideration of the facts and circumstances of the request for a variance, the following observations and conclusions are hereby noted. i. A hardship did not exist with the property at the time of the acceptance and approval of the site plan submitted to the Inspection & Permit Department. ii. A complete deviation from the accepted and approved site plan led to the encroachment, hence creating the hardship. However, in accordance with the Texas Local Government Code, Section 211.009, subsection 4(b), "The board may choose to make a determination or decision other than what is being recommended by the administrative official (Le. planning staff)." After visiting the property, staff realized that the encroachment looks much worse on paper than it appeared to be on site. Fifth Avenue has a 70 -foot right -of -way, which extends very deep into the lot's side yard, which makes it almost impossible to build a modern -size home on the lot. As such, the 2.8 -foot encroachment does not appear to be a serious issue, nor does it appear to negatively affect traffic vision or the building's comparison to nearby homes. BUDGETARY /FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None SUMMARY: Planning staff does not recommend approval of this variance. 7 10th St. 564 565 9 is 9th St. b54 w 555 i‹r' 9 18 E.r I0 J \ 8th St. 544 16 7 6 Final Survey \ Lof _ 18 Lot 17 Lot 16 F Found Found • 3/4" Pipe .o 3/4" pip. aj /4 Pips . \ N 40'29'23 E 54,77' �,N 4102'31 E _Alley - ( S 41'1300'��'W55. 20' A 5:410231. W SETT a Set Ca , R od 1/2 10' BSBL from which o T t bears 1 5 6Y0 • 59' W I . Lot' 1 " at 0.26 Block 554 l 10 rl rl o • I 21.6' (3 c: 1 o g $3 1 122 j. w� .,w ro n •fv 2vw 1 1 3 W W ,t 2.4 ;;;',2 io . .1 rn z- g i 1 1 CI . � � ° o y I ,1 Lot 2 Lot"3 6.4 . c 0 1 Q ' t 4 - °'' I tom. � { (no) w N 1. x r. IV 286=! 2 2'1 1 .4'' 1n 11.5 1 I on 20' BSBL - . Found • Found 3/4" Pipe . 1 1/4* pe : 41'02;31: E 54 7X o S .4102'31" W 49.72; ( N 41'1300. E 55.00) (S 41'13'0 W 50.00) 3248 9th Street (60'. R.O.W.).; Surveyors" Note(s): (1) This Survey was completed without the benefit of a Title; Commitment, and riot all easements or servitudes, whether of record or not, were researched at the time of this 1 - survey: or shown hereon. (2) Access Surveyors found no visible above ground evidence of pipelines, pipeline signs, ' or exposed pipelines 'across the subject tract: (3) P /at of said subdivision references no bearings or angular dimensions. Bearings are N. based on the City of Port Arthur bearing of N 48'4700 W tie (4) o = Set : ° ACCESS "SURVEYORS` 1 /2" Rod and Cap,. unless otherwise noted. SCALE 7 - ' 30' PREPARED EXCLUSIVELY FOR Mlle Thomas G.F. NO Ale / Mitchell Lee Braekin, Texas Registered :Professional Land Surveyor No. 5165 do hereby certify' that I have made . a 'survey on the ground of the property legally described hereon, that the survey is correct,, and 'that there are no discrepancies' or conflicts, ,shortages in boundaries, intrusions, protrusions,- or overlapping of improvements, or ' visible utility lines or roads in place, except as shown "hereon, and that'.said - property has access to and from a dedicated public roadway, unless otherwise shown hereon. " Survey dated: January 1Z 2012. The Subject tract being located at • 3248 9th Street Port Arthur .; Texas, 77642 . ■ and being described as Lot 1. Block 554 of Model Addition recorded In Volume 3 Page 199 of the Maw- Records of Jefferson County, Texas. x.\ f OF iv " �� fi4 4. Subject tract is located in Flood Zone. B" .Srve ors t@ $0 j * Community" Panel No.: " 485499- 0035E y maim (FIRM Dated: Apn7 17 1984) • - Texas Registered Prbfessionai Lasid Surveyors • nine 5 • 05 South 'Fourth Street Beaumont Texas 77701 o Net. p /ko i cA Telephone. (409) 838 6322 Fox 838 -6122 -4 (a w ww accesssurveyors com § rp1s5163eaol.com 0 Original: - t \13100'e \13192 \13192.dwg wh • . Mitchell .Lee. • Fnal - t \t4000's \1.4ao7\1400zdpg - wh _ .. - ( : Registered Professional Lend . Surveyor No. 5163 MINUTES City of Port Arthur Zoning Board of Adjustment and Appeals Thursday, January 19, 2012 Public Hearing - 5:30 P.M. CITY HALL - 5TH FLOOR COUNCIL CHAMBERS Roll Call - Chairman, George Boutte, Jr. convened the meeting at 5:30 p.m. Commissioners present: John Clayton, Deral Segler, Melinda McNulty and George Boutte, Jr., were present to constitute the necessary quorum. Staff Members present: Ronald Burton, planning director, Paul Brown, senior planner and Pamela Langford, administrative aide II. Minutes - July 28, 2011 Melinda McNulty moved to accept the minutes ofJuly 28, 2011; John Clayton seconded the motion. Vote: All Yeas - Motion Passed III. B12 -01 AND B12 -02 (Public Hearing followed be required motion) A. 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 (PROPERTY LOCATED NORTH OF WEST 5TH STREET AND EAST OF DUNBAR AVENUE) SPEAKING FOR: Dwight Chavis, 937 W. 5th Street, Port Arthur, Texas 77640 SPEAKING AGAINST: None Melinda McNulty moved to accept the staff recommendation to approve B12 -01; Deral Segler seconded the motion. Vote: All Yeas - Motion Passed B. 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 (PROPERTY LOCATED NORTH OF WEST PROCTER STREET AND WEST OF HARDING AVENUE) SPEAKING FOR: None SPEAKING AGAINST: None Deral Segler moved to accept the staff recommendation to approve B12 -02; Melinda McNulty seconded the motion. Vote: All Yeas - Motion Passed. IV. Report from Director • Updating the ZBA Manual • Possible increase within travel budget to allow training for P &Z /ZBA Commissioners • Appointments /reappointments for ZBA members. V. Future Agenda Items: None VI. Meeting Adjourned Melinda McNulty moved to adjourn the meeting; John Clayton seconded the motion, which passed unanimously. George Boutte, Jr., Ronald Burton, Chairman Secretary to the Commission Minutes Approved: