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Home My WebLink About01-21-2016 REGULAR MEETINGCity of Port Arthur ZONING BOARD OF ADJUSTMENT Public Hearing January 21, 2016 City of ort rthur Texas Planning Department P. O. Box 1089 Port Arthur, Texas 77640 (409) 983-8135 (409) 983-8137 fax planning@portarthurtx.gov - �>� CITY OF PORT ARTHUR ('rr•% -~ ''` ZONING BOARD OF ADJUSTMENT of «��. ..- Ji:. •.i ! .;� P.O. Box 1 089 PORT ARTHUR, TX 7764 1 - 1 089 art rthur 0 OFFICE: 409-983-8135 FAX: 409-983-8137 Ji•tdr TO: City of Port Arthur Zoning Board of Adjustment FROM: Ronald Burton, Director of Development Services DATE: January 12, 2016 SUBJECT: January 21, 2016 — Zoning Board of Adjustment Regular Meeting The Port Arthur Zoning Board of Adjustment will meet in regular session at 5:30 p.m., Thursday, January 21, 2016, in the City Council Chambers on the fifth floor of the City Hall. The January 21, 2016 agenda contains one item. 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 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 CHARLOTTE MOSES city Olt ort rthur Texas AGENDA ZONING BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS, CITY HALL — STH FLOOR THURSDAY, JANUARY 21,2016,5:30 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, JANUARY 21, 2016 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, STH FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. CALL TO ORDER II. ROLL CALL PUBLIC HEARING III. VARIANCE APPROVAL REQUESTED A. B16-01 REGULAR MEETING IV. APPROVAL OF MINUTES A. October 22, 2015 V. STAFF REPORT VI. ADJOURNMENT VII. NEXT MEETING DATE: To be determined Director of Development Services POSTED: WEDNESDAY JANUARY 13 2016 AT 2 00 P M BY: I / J 24 Z-0 REMOVED ON THIS _ DAY OF . 20_ BY: P.O. BOX 1089 9 PORT ARTHUR, TEXAS 77641-1089 • OFFICE 409-983-8135 • FAX 409-983-8137 INTEROFFICE MEMORANDUM TO: THE CITY OF PORT ARTHUR - ZONING BOARD OF ADJUSTMENT FROM: RONALD BURTON, DIRECTOR OF DEVELOPMENT SERVICES SUBJECT': B16-01 - VARIANCE REQUESTED FOR - 1801 14TH STREET, [A.K.A. SOUTH 82.5' OF LOT 7, BLOCK 3661, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 01/12/2016 BACKGROUND: The Zoning Board of Adjustment is being asked to consider a variance request for the following: On Saturday, January 9, 2016, twenty-seven (27) 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 10, 2016, more than ten (10) days prior to the ZBA public hearing scheduled for January 21, 2016. Owner/Appllcant - Brandon Outley Surveyor/Engineer - Carter Land Surveyors and Planners Property Address., 1801 14`h Street Property location: northeast corner of 14`h Street and Vicksburg Avenue Current Lot Size: 50' x 82.5' (Width/Depth) = 4,125 SF Minimum Required Lot Size: 50' x 100' (Width/Depth) = 5,000 SF Variance Requested For: Variation to the minimum Lot size (area) specified in a Two Family (2F) zoned district [5, 000 SF]; as delineated in Appendix A, Section 1 I -201. Zoning: "2F" Two Family Purpose of Variance. New Construction of a Single Family Residential Home under the Hurricane IKE Disaster Recovery Program - Round 2. On Saturday, January 9, 2016, twenty-seven (27) 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 10, 2016, more than ten (10) days prior to the ZBA public hearing scheduled for January 21, 2016. Owner/Appllcant - Brandon Outley Surveyor/Engineer - Carter Land Surveyors and Planners JURISDICTION: 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 5000 SF total area [Lot size] stipulated in a multiple family zoned district to a 4,125 SF total area 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 SECTION 11. -TWO-FAMILY RESIDENCE DISTRICT REGULATIONS 11-100. - Intent and purpose. The purpose of the "2F", two-family residence district is to provide a standard appropriate for the existing two-family dwellings and to encourage a further development of quality two-family dwellings. 11-200. - Conformance to regulations. No building or structure shall be erected, altered or converted for any use permitted in the two-family residence district unless it is in conformity with the minimum regulations herein specified. 11-201. Two-family residence district regulations schedule. Lot Front Side Rear Area Width Yard Yard Yard Coverage (sq. ft.) (ft) (ft) (ft) (ft ) I X Single-family detached 5,000 50 20 5 10 40% Single-family attached 7 2,000 25 1 20 1 5 10 1 40% Two-family 1 3,500 1 50 1 20 1 5 1 10 1 40% 11-202. Special front yard regulations. (1) If one side of a block face is divided into two or more districts, all the front yards shall comply with the requirement of the most restrictive district. (See Zoning Appendix C, Illustration 7) (2) The front building line established on a plat approved by the commission shall take precedence over the front yard prescribed for this district. (3) The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extension or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet. Subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard. (See Zoning Appendix C, Illustration 5) (4) Where lots have double frontage (run through a block from one street to another) a required front yard shall be provided on both streets. However, if a building line for accessory buildings has been established by the plat or by ordinance along one frontage, only one required front yard need be observed. (See Zoning Appendix C, Illustration 6) (5) On any corner lot, the vision of a motor vehicle driver approaching the street intersection must be maintained clear of obstructions for a distance of 20 feet from the corner property line along both streets. Obstructions include walls, fences, structures, signs, vehicle parking or storage, trees or other plantings, and raised slopes, terraces, embankments, or berms. 11-203. Special side yard regulations. Page 1 (1) No complex of attached single-family dwellings shall exceed 300 feet in length. A minimum required side yard of five feet shall be provided at the end of each single-family dwelling complex so that the end of any two adjacent building complexes shall be at least ten feet apart. (2) Every part of a required side yard shall be open and unobstructed except for trees, fences, and plants and permitted accessory buildings. The ordinary projections of window sills, belt courses, cornices and other architectural features may extend up to 12 inches into the required side yard. Roof eaves and air conditioning units may be located or project up to 30 inches into the required side yard. (3) On a corner lot, used for residential purposes, 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. (4) On corner lots, used for residential purposes, which were official lots of record prior to the effective date of Ordinance 73-77 (date: November 12, 1973), one street facing shall be considered a front yard and the second street facing shall be considered a side yard. 11-204. Special rear yard regulations. (1) No main residential building may be constructed nearer than ten feet to the rear property line. The main residential building and all accessory buildings shall not cover more than 50 percent of that portion of the lot lying to the rear of a line joining the midpoint on one side lot line with the midpoint of the opposite side lot line. For accessory buildings, see section 23-500. (See Zoning Appendix C, Illustration 3) (2) Every part of a required rear yard shall be open and unobstructed to the sky from a point 30 inches above the general ground level of the graded lot, except for trees, fences and plants and for accessory buildings or structures as permitted in section 23-500 and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features may project up to 48 inches into the required rear yard. 11-205. Height regulations. (1) No building or structure shall be located, erected or altered so as to exceed three stories. However, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height so long as their total height is not more than 40 feet above the average grade of the building. (2) Water stand pipes and tanks, church steeples, domes and spires, school buildings, housing for the elderly, and public institutional buildings may be erected to exceed three stories provided that one foot additional shall be added to the width and depth of front, side and rear yards for each foot that such structures exceed three stories. The legal height must be observed for any of these structures. 11-206. Screening walls or fences. No storage of commodities, materials or equipment shall be permitted except as an accessory use and all such open storage shall be behind the main building or use and shall be screened from view with a screening fence or wall as provided in section 18-451 et seq., Article X of chapter 18 (Fences and Walls) of the Code of Ordinances of the City of Port Arthur. Page 2 GENERAL NOTES I. THIS PROPERTY IS SUBJECT TO ADDITIONAL EASEMENTS OR RESTRICTIONS OF RECORD, 2, THIS PLAT IS FOR EXCLUSIVE USE BY CLIENT, USE BY THIRD PARTIES IS AT THEIR OWN RISK. 3, DIMENSIONS FROM HOUSE TO PROPERTY LINES SHOULD NOT BE USFD TO ESTABLISH FENCES, 4. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 41,368 FEET 5. THE FIELD DATA UPON WHICH THIS PLAT 1S 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 TI113 COMPASS RULE. 6, EQUIPMENT USED: TOPCON APLI TOTAL ROBOTIC STATION. SCALE: I" = 30' 30' 15' 0' 30° LEGEND: RIIF- Reber Found RBS- Reber Set FP- Fence Post MAC NAIL- MagneBc Nall OTF- Open Top Pipe Found CTF- Crimp Top Pipe Found R/N'- Right of Wei BI. -Building Line P/L- Property Line BOC- Back of Curb EP- Edge or Pmru m DR- Drainage Basement DI- Drainage Inlet SSE- Sanitary Sewer Easement UE- Utility Eusement C.L.F.- Chain Link Fence -P- Power Line -X- Fence -D- Drainage Easement -S- Sewer Fmrnew Bh1- Benchmark AC- Air Conditioning Unit CB- Catch Begin CO- Senitnry Sewer Cleonnul PP- Power Pole TP- Telephone Pole WM- Water hleter CONC- Concrete DK- Mck PAT- Patio POR- Porch S- Sloop B. Boiler AREA; 4,117 SF - 0.10 ACRES DEED INSTRUMENT: 2006007334 96✓ 101 OWNER: BRANDON OUTLEY (APP# SET206636) ADDRESS: 1801 E. 14TH 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. SURVEY FOR: CARTER LAND S.E. TEXAS REGIONAL SURVEYORS AND PLANNERS To. r.luF p PLANNING COMMISSION SUBDIVISION: CITY OF PORT ARTHUR 2780 Peachtree Industrial Boulevard 17 A- LOT: S 82,5' OF 7 BLOCK: 366 Duluth, GA 30097 I J CITY OF PORT ARTHUR Ph: 770.495.9793 JEFFERSON COUNTY, TEXAS Toll Free: 866.637.1048 FIELD WORK DATE: 12/0812015 812 0 1 5 www,carterland com e" °r' �P"' 0$ DRAFTED BY: CAF FIELD CREW: TL 1 D g ug 0't 2015120314 SETRPC URS FIRM LICENSE: 10193759 a N J SQ�o a Z 0.]'r, U) mrd, Z W 2 -8' 7 0 ILLI f .�� O 64 CL c� �4 0 CL �TSET2-W40-BR4--o`4�22 S�Q�FT \ \ X W ORIGINAL SURVEY BY: U) CARTER LAND Z) SURVEYORS AND PLANNERS PRELIMINARY 2780 Peachtree Industrial Boulevard Duluth, GA 30097 NOT TO BE USED FOR CONSTRUCTION, BIDDING, Ph: 770.495.9793 RECORDATION, CONVEYANCE, SALES OR AS THE BASIS Toll Free: 866.637.1048 FOR THE ISSUANCE OF A PERMIT www.carteriand.com FIRM LICENSE: 10193759 1p ry - 16ryep pop I f p t�t W.Mkt". O.lr-i,l . _ _ _q • a X11 � ��.• R. �., . i� .. � ' /ter y •� r �% � � �,� � � � �-J� + � %! -.1 _ a M " 91711 91}�r;, ;s. 815 jr. f e._ 9171.9 91722 91594 8 91 `9S 7 f 597 rt `41598 1 91724 4 lw •40 I.. - •iT Aoy �I 91 91: 915-9 91578 9'577 91575 91575 +� -a LL � C,� = t � .� • Ts :IupmvIr,dfa�•(r? Open Streettila ors MINUTES City of Port Arthur Zoning Board of Adjustment and Appeals Tuesday, October 22, 2015 Public Hearing - 5:30 P.M. CITY HALL - STH FLOOR COUNCIL CHAMBERS 1. CALL TO ORDER The Zoning Board of Adjustment (ZBA) met in Regular Session on Tuesday, October 22, 2015 at 5:35 p.m. in the City Council Chamber, City Hall, 444 411, Street, Port Arthur, Texas 77640. II. ROLL CALL The following members were present: Chairman, Antoine Freeman; Board Members: Gregory Casmire, Anthony Leger, and William V. Larrain, P.E. Staff Members present: Ronald Burton, Planning Director, Paul Brown, Senior Planner; Pamela Langford, Administrative Aide III. B15-08 (PUBLIC HEARING) A. B15-08 - VARIANCE REQUESTED FOR- 2236 6TH STREET [AKA TRACT -2-A, BLOCK 1881, CITY OF PORT ARTHUR JEFFERSON COUNTY TEXAS (PROPERTY LOCATED SOUTH OF 6m, STREET AND WEST OF LIBERTYAVENUEI Chairman Freeman introduced the above-mentioned variance request. Ronald Burton 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: None SPEAKING AGAINST: None Upon the motion of W. Lorrain, seconded by A. Leger and carried unanimously; the Zoning Board ofAdjustment closed the public hearing. Ronald Burton recommended that variance request B15-08 be approved. The motion was made unanimously to accept the Planning Staffs recommendation to approve variance request B15-08. Voting Yes: All Voting No: None Motion Passed REGULAR MEETING IV. VARIANCE APPROVAL REQUESTED (TABLED ITEM - 08/20/2015) A. B15-06 - VARIANCE REQUESTED FOR - 7308 LISAWOOD COURT [AKA LOT 13 LISAWOOD ESTATES]. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STEVEWOOD DRIVE AND LISAWOOD DRIVEL. The motion was made by A. Leger, seconded by G. Cashmire to accept the Planning Staffs recommendation to approve Variance request B15-06 with the following stipulations: Qualified Landscaping/Fencing Plan submitted and approved by the Director of Development Services or Director of Code Enforcement before the issuance of a Certificate of Occupancy. Voting Yes: All Voting No: None Motion Passed V. APPROVAL OF MINUTUES (AUGUST 20, 2015) The motion was made by W. Larrain, seconded by A. Leger to approve the minutes ofAugust 20, 201 S. Voting Yes. All Voting No: None Motion Passed VI. STAFF REPORT NONE VII. Meeting Adjourned Anthony Leger moved to adjourn the meeting; W. Larrain seconded the motion, which passed unanimously. Antoine Freeman, Esq. Ronald Burton, Chairman Secretary to the Commission Minutes Approved: