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Home My WebLink About10-22-2015 REGULAR MEETINGCity of Port Arthur ZONING BOARD OF ADJUSTMENT Public Hearing October 22, 2015 Planning Department P. O. Box 1089 Port Arthur, Texas 77640 (409) 983-8135 (409) 983-8137 fax planning@portarthurtx.gov CITY OF PORT ARTHUR ZONING BOARD OF ADJUSTMENT P.O. Box 1 089 PORT ARTHUR, TX 7764 1 - 1 089 r,rr rrhur OFFICE: 409-983-8135 FAX: 409-983-8137 !rx1 ti TO: City of Port Arthur Zoning Board of Adjustment FROM: Ronald Burton, Director of Development Services DATE: October 20, 2015 SUBJECT: October 22, 2015 — Zoning Board of Adjustment Regular Meeting The Port Arthur Zoning Board of Adjustment will meet in regular session at 5:30 p.m., Thursday, October 22, 2015, in the City Council Chambers on the fifth floor of the City Hall. The October 22, 2015 agenda contains two 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 Cc: Brian McDougal, City Manager Rawetts Baaheth, Interim Director of Public Works Lawrence Baker, Director of Code Enforcement Jimmie Johnson, Director of Utility Operations Mark Mulliner, Fire Marshall Paul Brown, Senior Planner Rhonda Bell, Senior Engineering Technician Derrick Holland, Senior Engineering Technician DELORIS "BOBBIE" PRINCE, MAYOR�;j l KAPRINA RICHARDSON FRANK, MAYOR PRO TEM COUNCIL MEMBERS: RAYMOND SCOTT, JR. TIFFANY L. HAMILTON MORRIS ALBRIGHT, III STEPHEN A. MOSELY WILLIE "BAE" LEWIS, JR. OSMAN SWATI DERRICK FREEMAN city of C �,(A t rthur"� Texas AGENDA ZONING BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS, CITY HALL - STH FLOOR THURSDAY, OCTOBER 22,2015,5:30 P.M. BRIAN MCDOUGAL CITY MANAGER SHERRI BELLARD, TRMC CITY SECRETARY VAL TIZENO CITY ATTORNEY NOTICE IS HEREBY GIVEN, PURSUANT TO SECTION 211.008-014, LOCAL GOVERNMENT CODE, THAT A REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PORT ARTHUR, TEXAS WILL BE HELD ON THURSDAY, OCTOBER 22, 2015 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5TH FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS, I. CALL TO ORDER II. ROLL CALL PUBLIC HEARING III. VARIANCE APPROVAL REQUESTED A. B15-08 REGULAR MEETING IV. VARIANCE APPROVAL REQUESTED (TABLED ITEM - 08/20/2015) A. B15-06 V. APPROVAL OF MINUTES A. August 20, 2015 VI. STAFF REPORT VII. ADJOURNMENT VIII. NEXT MEETING DATE: To be announced POSTED: MONDAY OCTOBER 19-2015 AT 2:00 P.M BY: REMOVED ON THIS _ DAY OF , , 20_ BY: Ronald Burton, Director of Development Services P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • OFFICE 409-983-8135 0 FAX 409-983-8137 INTEROFFICE MEMORANDUM TO: THE CITY OF PORT ARTHUR - ZONING BOARD OF ADJUSTMENT FROM: RONALD BURTON, DIRECTOR OF DEVELOPMENT SERVICES SUBJECT: B15-08 - VARIANCE REQUESTED FOR - 2236 6T" STREET, [A.K.A. TRACT 2-A, BLOCK 1881, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 10/20/2015 BACKGROUND: The Zoning Board of Adjustment is being asked to consider a variance request for the following: On Sunday, October 11, 2015, 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 Sunday, October 4, 2015, more than ten (10) days prior to the ZBA public hearing scheduled for October 22, 2015. Owner/Applicant - Yolanda Nerey Surveyor/Engineer - Carter Land Surveyors and Planners Property Address: 2236 6th Street Property Location: south of 6`h Street and west of Liberty Avenue Current Lot Size: 45' x 140' (Width/Depth) = 6,300 SF Minimum Required Lot Size: 50' x 100' (Width/Depth) = 5,000 SF Variance Requested For. 5' deficiency of Lot width (50' required width, per Section 10-200, City of Port Arthur Zoning Ordinance) Zoning: "MF" Multiple Family Purpose of Variance. New Construction of a Single Family Residential Home under the Hurricane IKE Disaster Recovery Program - Round 2. On Sunday, October 11, 2015, 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 Sunday, October 4, 2015, more than ten (10) days prior to the ZBA public hearing scheduled for October 22, 2015. Owner/Applicant - Yolanda Nerey Surveyor/Engineer - Carter Land Surveyors and Planners ]URISDICTION: In accordance with Appendix A, Section 25-202(3) of the City of Port Arthur Zoning Ordinance, in granting a variance, the Zoning Board of Adjustment shall make three of the four following findings: a. Special circumstances exist relating to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district. b. A variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed under the ordinance, by other properties in the vicinity and zone. c. The granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and that it will not adversely affect any other feature of the comprehensive plan of the City of Port Arthur. d. The variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity. RECOMMENDATION: Planning Staff recommends approval of this request, due to an unnecessary hardship. 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' frontage stipulated in a multiple family zoned district to a 45' frontage allowing the property owner to rebuild on this non -conforming lot. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: Planning staff recommends approval of this variance. 2 GENERAL NOTES I. THIS PROPERTY IS SUBJECT TO ADDITIONAL EASEMENTS OR RESTRICTIONS OF RECORD - 2 THIS PLATIS FOR EXCLUSIVE USE BY CLIENT. USE BY THIRD PARTIES IS AT THEIR OWN RISK - 3. DIMENSIONS FROM HOUSE TO PROPERTY LINES SHOULD NOT BE USED TO ESTABLISH FENCES 4. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE W ITHLN ONE FOOT IN 88.968 FEET. 5. THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT Ni 10,000 FEET AND AN ANGULAR ERROR OF 7 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE. 6 EQUIPNI ENT USED: TOPCON APLI TOTAL ROBOTIC STATION. SCALE: I" = 30' 30' -'5' 0' 30" 1 AREA: 6,315 SF 0.15 ACRES MAP VOL. 1, PAGE 50 DEED INSTRUMENT 2003043967 LEGEND RBF- Rebar Found RIIS- Behar Set FP- Fence Post %IAG NAIL, Slagnetic Nail OTF-Open Top Pipe Found C I'F- Crimp Top Pipe Found Rf%V- Right of Wap BI,Building Line P/1, Proper!♦ Line BOC- Back of cure EP- Edge of Pasement DE- Drainage Easement SSE- Sanitary Sewer Easement UE- Utility Easement -P. Power Line -N- Fence -D- Drainage Easement -S- Sewer Easement 01- Benchmark AC- Alr Conditioning Unit CB- Catch Basin CO -Sanitary Sewer Cleanout PP- Power Pale W Dl- Water Meter CONC- Concrete DK- Deck PAT- Palin POR- Porch S- Sloop B..NI- Benchmark SURVEY FOR: S.E. TEXAS REGIONAL PLANNING COMMISSION SUBDIVISION: CITY OF PORT ARTHUR LOT: WEST 25' OF LOT 2 AND EAST 20' OF LOT 3 BLOCK: 188 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS FIELD WORK DATE_ 09K)W2015 DRAFTED BY GS FIELD CREW: AS 2015090029 SETRPC URS OWNER: YOLANDA NEREY (APP. # SET204231) ADDRESS: 2236 6TH STREET GOVERNING AUTHORITY: CITY OF PORT ARTHUR IN MY OPINION, THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND HAS BEEN PREPARED WITHIN THE MINIMUM STANDARDS AND REQUIREMENTS OF LAW. CARTER LANDt e o F� SURVEYORS AND PLANNERS a ta, =trw 2780 Peachtree Industrial Boulevard Duluth, GA 30097 Ph: 770.495,9793 Toll Free: 866.637.1048 www.carterland.com ND SUR�f`� FIRM LICENSE: 10193759 4Q N s �r rr F Qz) �cp r r Q)rr q apr PRELIMINARY NOT TO BE USED FOR CONSTRUCTION, BIDDING, RECORDATION, CONVEYANCE, SALES OR AS THE BASIS FOR THE ISSUANCE OF A PERMIT 2A r�rrir y Z Q d c� Z Z J J w w a a m 2 w SET2-W29-BR4 -- 1,436 SQ FT C J SCALE] /16" = 1'-0" 01m ..... "Emmoll16' ORIGINAL SURVEY BY: CARTER LAND SURVEYORS AND PLANNERS 2780 Peachtree Industrial Boulevard Duluth, GA 30097 Ph: 770.495.9793 Toll Free: 866.637.1048 www.carteriand.com s �r rr F Qz) �cp r r Q)rr q apr PRELIMINARY NOT TO BE USED FOR CONSTRUCTION, BIDDING, RECORDATION, CONVEYANCE, SALES OR AS THE BASIS FOR THE ISSUANCE OF A PERMIT 2A r�rrir y Z Q d c� Z Z J J w w a a m 2 w t �rp- - -7 jp 6 144 C3 rTv 89709 T OW z too ell 69557 yz 9535 -At: 89537 Fj INTEROFFICE MEMORANDUM TO: THE CITY OF PORT ARTHUR - ZONING BOARD OF ADJUSTMENT FROM: PAUL BROWN, SENIOR PLANNER suB]ECT: (TABLED ITEM) B15-06 - VARIANCE REQUESTED FOR - 7308 LISAWOOD COURT [A.K.A. LOT 13, LISAWOOD ESTATES], CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 08/19/2015 REQUEST: Mr. Hendiani is requesting a variance from the building setback requirement established by Sections 10-200 and 10-203 (2). Section 10-200 establishes a 20 -foot building setback from the front yard property line, while Section 10-203 (2) states: On a corner lot, both street exposures shall be considered as front yards on all lots platted after the effective date of Ordinance 73-77 (date: November 12, 1973); however, on corner lots In plats approved by the planning and zoning commission, the building line provisions on the plat shall be observed. BACKGROUND: The plat for Lisawood Estates was approved by the Planning and Zoning Commission on April 9, 2007 and does not provide for a shorter side -yard or second frontage (street exposure) setback distance different than the setback established in the above City Code reference. Please note that while the plat identifies a 10 -foot Utility Easement line on both street exposures for lot 13, it does not provide a building setback line for the second frontage on Stevewood Drive. Since the plat does not identify a different building line for the Stevewood frontage, the normal frontage established in the Zoning Ordinance applies. The house that Mr. Hendiani wants to build will not fit on Lot 13 with the building setback line of 20 feet for the Stevewood frontage, as called for by the Zoning Ordinance. Hence, he has requested a variance. JURISDICTION: The granting of a variance, however, is not an uncomplicated action. The Zoning Ordinance places some guidelines and restrictions on the ZBA concerning such cases: 1 "The board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following and take the following action: (3) Permit variances in specific cases where special conditions will make literal enforcement of the provisions of the ordinance an unnecessary hardship. Any such variance must not be contrary to the public interest. In granting a variance, the board of adjustment shall make three of the four following findings: a. Special circumstances exist relating to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district. b. A variance is necessary to permit the applicant the same rights In the use of this property that are presently enjoyed under the ordinance, by other properties In the vicinity and zone. c. The granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and that It will not adversely affect any other feature of the comprehensive plan of the City of Port Arthur. d. The variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity." RECOMMENDATION: As the code states, ZBA members must be able to answer affirmatively to at least three of the above four items. The house across the street, on the other corner of Stevewood and Lisawood conforms to the 20 -foot building line on both street frontages. As such, planning staff recommends that the variance request be denied. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: Planning staff recommends that the variance request be denied. 2 7308 LISAWOOD PLOT PLAN SCALE 1/8' • 1'-0' F) 0 0 00 0 BY FOR RECORDED TY CLERK, 9- AT O'CLOCK Pa :+DUN TY. TEXAS'� ^' 74) AT -"il.!'. m mock P.M wourY, TEXAS DEPUTY OFFICIAL PUBLIC RECORDS UNE TABLE e2+..q al,14 I >�4 VICINITY MAP NO SCALE LISAWOOD ESTATES 3 669 ACRES OF LAND, REPLAT OF RESERVE "E" LAKE ARTHUR MANOR CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS STATE OF TEXAS COUNTY OF JEFFERSON WE, ��_ OWNERS OF THE PROPERTY SUBDIVIDED IN THE ABOVE ANO FOREGOING MAP OF 3.869 ACRES OF LAND REPLAT OF ALL OF RESERVE "E", LAKE ARTHUR MANOR, RECORDED IN VOL. 14, PGS. 64 & 65 MAP RECORDS JEFFERSON COUNTY, TEXAS DO HEREBY MAKE SUBDIVISION OF SAID PROPERTY AND DEDICATE TO PUBLIC USE EASEMENTS SHOWN THEREON FOREVER; AND DO HEREBY BIND OURSELVES, MY HEIRS, SUCCESSORS AND ASSIGNS TO WARRANT AND FOREVER DEFEND THE TITLE TO THE LAND SO DEDICATED. WITNESS MY HAND IN PORT ARTHUR, JEFFERSON COUNTY, TEXAS THIS &I DAY OF AIAATTI 2001. 4��..T. 0 ER GEORGE DEUTS 0 E 6ELISA DEUTSCH STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, THE UNDERSIGNED AUTHORITY. ON THIS DAY PERSONALLY APPEARED lZOROE OEUT90N ANO mm ONP$Ol „ KNOWN TO ME TO BE THE PERSONS WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN SET FORTH. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS 0 DAY OF AIA -E/11 A.D., 2067 _ �r,.d.�. ,i• hayu� NOTARY PUBLIC IN AND FOR I_'^„__ "__ JEFFERSON COUNTY, TEXAS MY COMMISSION EXPIRES Ir US pY (GATE) IMS IS TO C£RnFY THAT 7, _ ANTHnNY M-.LEM A REGISTERED ;ROIFESSM4,LAhD 5IJRVtY9R OF THE STATE OF TEXAS, HAVE PLATIEO THE ABOVE SUBDMSION FROM AN ACTUAL ; IJRVEY 04 THE GROUND: AND THAT Ail 0DW ERS ARE PROPERLY MA4XED 'MTH T/p' a Z4` SR•EL ROD$' CAPPED =$OOTEX' UNI;ESS OTHERMSE SMOPM PTAs, AND THAT 7145 ALAI CORRECTLY REPRESXNTS THA-. SVRW? UAW BY ME. * TEXAS RISC' AMIN NO. THIS IS TO CERTIFY THAT THE CITY PLANNING AND 20NING COMMISSION OF THE CITY OF PORT ARTHUR TEXAS, HAS APPROVED THIS PLAT AND SUBDIVISION IN TFSTVMNY WHFRFOF WITNFSS THF OFFICIAL SIGNATURE OF THE CHAIRMAN OF 'i HE CITY PLANNING AND ONING COMMISSION Oh IHE CITY OF PUKI ANINUH ILAAJ. THIS. DAY OF f / A.D., 2016 AMMAN ATTESTED AND APPROVED FOR ADMINISTRATION: AQlA/ SECRETARY l�Ci -- Trent: — PENA F -d Zone: �mua,l} •4yaT 1•P, aB5499-DO10-E Pml1 D! 4/17/H9 ,b a - t « AVI w i N. 4t,308 Lisawbad Court [�jA.tS.A. `tLot 13. Lisa Estates] AOOL / _ t ueallow- av�rs.. law 400 ft C — *+ i X131 i 2 \ n 49173••' 1pp - T 238932 238934 238935 e. 53 8 _ R � } 8 23b942 Ab 1 238941 53716 � "�►� .. 238940 } 53717- � 3372$,' �s� � ;i:?4�, '+moi �"j�'• -3716 .. 372. 536'60 `r3fi •� r 53' A, ." I W- 3 t.. , I ems. ,M. - _ MINUTES City of Port Arthur Zoning Board of Adjustment and Appeals Thursday, August 20, 2015 Public Hearing - 5:30 P.M. CITY HALL - 5TH FLOOR COUNCIL CHAMBERS I. CALL TO ORDER The Zoning Board of Adjustment (ZBA) met in Regular Session on Thursday, August 20, 2015 at 5:37 p.m. in the City Council Chamber, City Hall, 444 41h Street, Port Arthur, Texas 77640. II. ROLL CALL The following members were present: Chairman: Antoine Freeman; Board Members: Anthony Leger, Dinh Nguyen, Gregory Casmire and William V. Larrain, P.E. Staff Members present: Paul Brown, Senior Planner; Pamela Langford, Administrative Aide; and Freddie Earl, Administrative Clerk II III. B15-05 (PUBLIC HEARING) A. B15-06 - VARIANCE REQUESTED FOR - 7308 LISAWOOD COURT [A.K.A. LOT 13, LISAWOOD ESTATES]. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED ON THE NORTHEAST CORNER OF LISAWOOD COURT AND STEVEWOOD DRIVE Chairman A. Freeman introduced the above-mentioned variance request. P. Brown gave an overview of the above-mentioned request. The Board opened the meeting to hear from anyone present in the audience who wished to speak regarding the above-mentioned request: SPEAKING FOR: A. Hendiani, 4428 Rolling Rock Drive, Port Arthur, TX 77642 SPEAKING AGAINST: None P. Brown recommended that variance request B1 5-06 be denied. The motion was made by W. Lorrain, seconded by D. Nguyen to TABLE variance request B15-06. Voting Yes: All Voting No., None Motion Passed B. B15-07 - VARIANCE REQUESTED FOR - 716 DUNBAR AVENUE 1AXA. LOT 9 BLOCK 2 BRICE ADDITION]. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED NORTH OF REV. DR. RANSOM HOWARD STREET [A.K.A. WEST 7TH STREET AND EAST OF DUNBAR AVENUE). Chairman A. Freeman introduced the above-mentioned variance request. P. Brown gave an overview of the above-mentioned request. The Board opened the meeting to hear from anyone present in the audience who wished to speak regarding the above-mentioned request: SPEAKING FOR: Sharon Clark, 716 Dunbar Avenue, Port Arthur, TX 77640 SPEAKING AGAINST: None P. Brown recommended that variance request B15-076 be approved. The motion was made by A. Leger, seconded by D. Nguyen to approve variance request B15-07 as presented. Voting Yes: All Voting No: None Motion Passed REGULAR MEETING V. MINUTUES The motion was made by D. Nguyen, seconded by W. Larrain to approve minutes with the following correction: • III. B15-05 (PUBLIC HEARING) "...Ronald Burton recommended that variance request B44- 01 B15-05 be approved..." VI. STAFF REPORT NONE VII. Meeting Adjourned W. Larrain moved to adjourn the meeting; G. Casmire seconded the motion, which passed unanimously. Antoine Freeman Ronald Burton, Chairman Secretary to the Board Minutes Approved: