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HomeMy WebLinkAbout01-28-2016 SPECIAL MEETINGCity of Port Arthur ZONING BOARD OF ADJUSTMENT Special Meeting January 28, 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 ZONING BOARD OF ADJUSTMENT P.O. Box 1 089 PORT ARTHUR, TX 77641-1089 +art rlhur OFFICE: 409-983-8135 FAX: 409-983-8137 Treev TO: City of Port Arthur Zoning Board of Adjustment FROM: Ronald Burton, Director of Development Services DATE: January 26, 2016 SUBJECT: January 28, 2016 — Zoning Board of Adjustment Special Meeting The Port Arthur Zoning Board of Adjustment will meet in a special session at 2:00 p.m., Thursday, January 28, 2016, in the City Council Chambers on the fifth floor of the City Hall. The January 28, 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 AGENDA ZONING BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS, CITY HALL - STH FLOOR THURSDAY, JANUARY 28,2016,5:30 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 SPECIAL MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PORT ARTHUR, TEXAS WILL BE HELD ON THURSDAY, JANUARY 28, 2016 AT 2:00 P.M. AT CITY HALL, COUNCIL CHAMBER, STH FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. CALL TO ORDER II. ROLL CALL REGULAR MEETING III. VARIANCE APPROVAL REQUESTED A. B16-01 IV. APPROVAL OF MINUTES A. January 21, 2016 V. ADJOURNMENT VI. NEXT MEETING DATE: February 11, 2016 Ronald Burton, Director of Development Services POSTED: MONDAY JANUARY 25.2016 AT 12,00 P.M. BY: REMOVED ON THIS DAY OF -20-BY: P.O. BOX 1089 • 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 14T" STREET, [A.K.A. SOUTH 82.5' OF LOT 7, BLOCK 3661, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 01/26/2016 BACKGROUND: On Thursday, January 21, 2016, the Zoning Board of Adjustment held a public hearing to consider a variance request for the following: Property Address: 1801 14`h Street Property Location: northeast corner of 14th 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 Variation to the minimum Lot size (area) specified in a Two Variance Requested For.- Family (2F) zoned district [5, 000 SFI as delineated in Appendix A, Section 1 I -201. Zoning.- "2F" Two Family New Construction of a Single Family Residential Home Purpose of Variance: under the Hurricane IKE Disaster Recovery Program - Round 2. Owner/Applicant - 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. 01 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. Single-family detached Single-family attached Two-family 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 Lot Front r Side Rear Area (sq. ft.) Width Yard Yard Yard Coverage 5,000 50 �I� 20 5 T 10 40% 2,000 25 T20 5 10 40% 3,500 50 20 5 10 40% (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 poirit 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 shallbe 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 USED TO ESTABLISH FENCES.. 4. THIS PLAT 14AS 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 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 6 EQUIPMENT USED: TOPCON APL TOTAL ROBOTIC STATION. SCALE: 1"=30' 30' 15' 0' 30' aRAPFIIC -SCALE - FEET LEGEND: RBF- Behar Found RBS- Rebar Set FP- Fcnca Post MAC NAI L- Magnetic Nail OTF- Open Top Pipe Found CTF- Crimp Top Pipe Found R!W- Right of Way BL -Building Line P/L- Property Line BOC- Back of Curb EP- Edge or Pavement DE- Drainage Easement DI- Drainage inlet SSE -Sanitary Sewer Pmement UE- Utllity Easement C.L.F.- Chain Link Fencc -P- Power Line -X- Fence -D- Drainage Easement -S-Sewer Easement BM- Benchmark AC- Air Conditioning Unit CB -Catch Basin CO- Sanitary Sewer Clea nou t PP- Power Pole TP -Telephone Pole WM- Water Meter CONC- Concrete DK- Dcck PAT- Patio POR- Porch S- Stoup R. Boller AREA: 4,117 SF - 0.10 ACRES DEED INSTRUMENT: 2006007334 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: S.L. TEXAS REGIONAL CARTER LAND PLANNING COMMISSION SURVEYORS AND PLANNERS SUBDIVISION: CITY OF PORT ARTHUR 2780 Peachtree Industrial Boulevard LOT: S 82,5' OF' 7 BLOCK: 366 Duluth, GA 30097 CITY OF PORT ARTHUR Ph: 770.495.9793 f JEFFERSON COUNTY. TEXAS Toll Free: 866.637.1045 eye FIELD WORK DATE 12/03/2015 www.carteriand.com oaa` c T DRAFTED BY: CAF FIELD CREW: TL 5 uRVESo 2015120314 SETRPC URS FIRM LICENSE: 10193759 ,xrwd//` PRELIMINARY IJ�J C� �©`1?1 H ,5 rrU) (,/ r V z J 2. S* W Q Lu q1 O CL CL ally Cj SET2-W40-BR4 -- 1,422 SQ FT °0 .� . SCALE)/16"=1'-0" 0 mmm-.Rmmmm1416' X Ill ORIGINAL SURVEY BY: U) CARTER LAND D SURVEYORS AND PLANNERS 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 y�fl e • - '� 1 T �. F• • Y't • _ '+ � � `i_ sr -'*per '+� �i' N tet,• Jl .. ♦' RK Y zo �t k-2 �Y �! 0 A4 4. Iftrmm!6,- r+"e ;• ate.- `ter tr_ Y . y ; ` ..g ' �,�r-�r� f ,•• >, r M MINUTES City of Port Arthur Zoning Board of Adjustment and Appeals Thursday, January 21, 2016 Public Hearing - 5:30 P.M. CITY HALL - STH FLOOR COUNCIL CHAMBERS CALL TO ORDER The Zoning Board of Adjustment (ZBA) met in Regular Session on Thursday, January 21, 2016 at 5:42 p.m. in the City Council Chamber, City Hall, 444 41h Street, Port Arthur, Texas 77640. II. ROLL CALL The following members were present: Dinh Nguyen, Gregory Casmire and William V. Larrain, P.E. Staff Members present: Ronald Burton, Planning Director, Paul Brown, Senior Planner; Pamela Langford, Administrative Aide III. B16-01 (PUBLIC HEARING) A. B16-01 -VARIANCE REQUESTED FOR - 1801 14TH STREET [AKA SQUTH 82.5' QF LQJ_7 BLpC1C 366], CITY QF PiIRT ARTHUR JEFFERSON COUNTY. TEXAS (P$QPERTYLQCATE) N E NOftTNEA.ST QRN R 4TH EET A V[CI{ BURG AVE. W. Larrain 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 D. Nguyen, seconded by G. Casmire and carried unanimously, the Zoning Board ofAdjustment closed the public hearing. REGULAR MEETING IV. APPROVAL OF MINUTUES (OCTOBER 22, 2015) The motion was made by D. Nguyen, seconded by G. Casmire to approve the minutes of October 22, 2015. Voting Yes: All Voting No: None Motion Passed V. STAFF REPORT NONE VI. Meeting Adjourned D. Nguyen moved to adjourn the meeting; G. Casmire seconded the motion, which passed unanimously. Antoine Freeman, Esq. Chairman Ronald Burton, Secretary to the Commission Minutes Approved: