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HomeMy WebLinkAbout746-BADATE: October 3, 2019 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request allowing a Variance to the 6 foot wide perimeter landscaping and islands/peninsulas required for off-street parking. FILE: 746 -BA STAFF REPORT Mohammed Issa is requesting a Variance to the landscaping requirements for 620 & 670 Martin Luther King, Jr. Pkwy. In April, 2019, a Stop Work Order was issued for work being done inside the building without permits. A permit was issued thereafter for that work only. In May, 2019, the applicant applied for and received a permit to "pour concrete over existing asphalt parking lot" at 620 Martin Luther King, Jr. Pky. Planning and Zoning does not approve or sign off on resurfacing only, when parking the lot is existing and no additional parking spaces are to be added. Subsequently, the applicant purchased the adjacent lots and proceeded to pour a new parking lot without permits. In Chapter 28, Zoning Ordinance, Sec. 28.04.006 Landscaping and screening requirements, states the following, "(3) An increase in the size of an existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section." A Stop Work Order was issued in August, 2019, for pouring the parking lot without permits or inspections. It was at this time that the Planning and Zoning Department met with Mr. Issa to discuss the requirements for the landscaping according to the Ordinance. Mr. Issa is applying for relief from the landscaping requirements through the variance process. Listed below are the conditions which must be met in order to grant a variance request, calling attention to (B) . The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: (3) To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of said laws will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. The term "variance" shall mean a deviation from the literal provisions of the zoning ordinance which is granted by the board when strict conformity to the zoning ordinance would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted. Except as otherwise prohibited under subsection (j) [(f)] hereof, the board is empowered to authorize a variance from a requirement of the zoning ordinance when the board finds that all of the following conditions have been met: (A) That the granting of the variance will not be contrary to the public interest; and (B). That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary handicap [hardship]" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant's or property owner's own actions; and (C) That by granting the variance, the spirit of the chapter will be observed.and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 18 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lots 5, 6, 7, 8 and the 20' alley, Block 42, Calder Addition, Beaumont, Jefferson County, Texas, containing 0.72 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mohammed Issa PROPERTY OWNER: Mohammed Issa LOCATION: 620 & 670 Martin Luther King Pkwy. EXISTING ZONING: GC -MD (General Commercial - Multiple Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Vacant/Commercial SOUTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: STREETS: WATER: SANITARY SEWER SERVICE —0.72 acres CommercialNacant X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: GC -MD (General Commercial - Multiple Family Dwelling) GC -MD GC -MD Central Business District Martin Luther King Pkwy_ - Major Arterial with a 120' wide right-of-way and 80' pavement width. North Street - Local Street with a 60' wide right-of- way and 26' pavement width. McFaddin Avenue - Local Street with a 55' wide right-of-way and 26' pavement width. Curb and gutter 2" water line 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' CHURCH OF PHILADELPHIA OF BEAUMONT REALTY INC WHEELER GERALD WAYNE TAPLEY ALLAN PHELAN PATRICK HENRY & PHELAN ELEVEN B LLC 1% ISSA MOHAMMED H2H MANAGEMENT GROUP LLC ALTONS AUTOMOTIVE INC AUTO OIL & LUBE LLC LAIRD MARIA A RAY INVESTMENT PROPERTIES LLC ISSA MOHAMMED LAIRD MARIA A BEAUMONT EIWi 01-4 P9loc-1z TEXAS O Permitting Phone: 409-880-3100 Fax: 409-880-311 Community Development Beaumont, Texas 77701 Commercial Permit ## ,pplication is hereby made to the Building Codes Division of the City of Beaumont for a Commercial permit: icomplete applications cannot be processed. � � "-f ^ egal Description: Lot # L Block # Addition: ccessibility TDLR EAB Proiect # Jefferson County JCAD # no recorded map or plat, metes and bounds description shall be attached. The actual construction shall be in )nformance with provisions of all ordinances of the City of Beaumont and laws of the State of Texas, whether )ecified herein or not, and in accordance with Plot Plan which must be drawn to scale. *It must show: (1) the actual cape and dimensions of the lot to be built upon; (2) the street of streets adjoining the lot; (3) the exact size and cation of the lot of presently existing structures, if any; (4) the exact size and location on the lot of the proposed ructure; (5) proposed landscaping; (6) parking and (7) drainage. Commercial buildings must also show existing and •oposed water and sewer lines. (S) A Code Analysis, listing occupancy load, occupancy, type of Fire Protection and pe of construction. *This application is to be accompanied by three (3) complete sets of construction plans. vrner of Land '1, i �n�es,- `���� Address Rye. ,* - AWL -Shone 7117 ans Prepared b - %��;-u r . Q Address J �� �JfPhone &55- ,A4(' V )ntracto Address A16� Phone -11r'C` -'14?'7 d nd Use Information Construction Cost -dad fisting use of propert Permit Fee oposed use covered b this application Iditional Information ting Area: irage/Storage: irch/Patio: Plan Check Fee Double Fee Driveway Grading Fee Revisions Demo Bond Total Permit Fee SEE REVERSE SIDE ��IBir 93 2&2 An asbestos survey has been conducted in accordance with the Texas Asbestos Health Protection RurE and the National Emission Standards for Hazardous Air Pollutants (NESHAP) forthe areas being renov demolished. Yes/ *No Not applicable for residential or new commercial' *If the answer is No, then as the owner/operator of the renovation/demolition site, I understand that it is my: A responsibility to have the asbestos survey conducted in accordance with Texas Asbestos Health Protection Rules (TAHPR) and the National Emission Standard for Hazardo it Pollutants (NESHAP) prior to a renovation/demolition permit being issued by the City of Beaumont. INT—,M This permit is subject to any easements of record and in no way supersedes any such, restrictions. It is the property owner's responsibility to determine if there are any easements and/or restrictions on the use of his or her property. Approval of a building permit does not ensure that the proposed work does not violate an easement unless expressly noted on the permit. **NOTE: The City of Beaumont is not responsible for the location of any utility easements and/or deed restrictions associated with the subject property. It is the sole responsibility of the HOMEOWNER and/or CONTRACTOR to identify any utility easements and/or deed restrictions before construction. Initial: CERIFICATION: I certify that all statements made herein or elsewhere in connectw'with this permit are true and correct. I also understand that any person who knowingly or willful omission or deception is guilty of a crime and mays Signature Office Use Only: _Commercial, Accessory ommercial, Addition -%� ' Q ,A Commercial, Alteration, (flea" _Commercial, Communication Towers _Commercial, Demolition _Commercial, Historical Restoration _Commercial, Move/Relocate _Commercial, New Construction _Commercial, Other Office Use Only: Construction Tyr Flood Zone Zoning Di: Historic D Zoning District reviewed Building reviewed by: Permit No. Tech Received On Site Inspection Made By COMMENTS: ;permit application or received a permit through willful fines. _Commercial, Parking Lots/,Driveways _Commercial, Repair _Commercial, Sprinkler System —Pool/Spa — Commercial New, Commercial, Historical Restoration _Sign, Owner ID _Sign, Banner _Sign, advertising dential, Multi -Family (Initial) Tech Issued Occupancy Type TDLR EAB Project No. Fire District Check List: _ (3) Site plans 2) Construction Plans _JCAD # _ ignature Flood Zone Zoning District _Grading HI Historic District Com Check (Initial) Date: 4A—t 1 Denied by: Date: Date: _ '��_Z enied by: Date: Date :op Permitting Community Development 801 Main Street EX 16tT fig► aFP Commercial Permit# T to the Building Codes Division of the City of Beaumonffor a Commercial permit: cannot be processed. If no recorded map or plat, metes and bounds description shall be attached -The actual construction shall be in I , conformance with provisions of all ordinances of the City of Beaumont and aws of the State of Texas, whether specified herein or not, and in accordance with Plot Plan which must be drawn to scale. *It must show: (1) the actual shape and dimensions of the lot to be built upon; (2) the street of streets adjoining the lot; (3) the exact'size and location of the lot of presently existing structures, if any; (4) the exact size and location on the lot of the proposed structure; (5) proposed landscaping; (6) parking and (7) drainage. Corh.mercial buildings must also show existing and proposed water and sewer lines. (8) A Code Analysis, listing occupancy load, occupancy, type of Fire Protection and type of construction. *This application is to be accompanied by three (3) complete sets of construction. plans. 5 Owner of Land Isse. Address 117 e �tp� Plans Prepared byMANq,,,,,,dress 13 Phone Yd Contractor.E��- &"I N 14 UJa.-- Address Phone qtart' -=!5-0-%6 Land Use Information Construction Co* Existing use of property Permit Fee Plan Check Fee Proposed use covered bythis application Double Feie .00011�.,$iWriveway o-,%001 w0o' 66 OX earading Fee % 0610 oil Revisions "'.6V NIXO Oki) Demo Bond . a Additional Information to S%I o O(�Ouo V$ Living Area: � I'V610 Total Permit Fee -." Garage/Storage: Porch/Patio: Oil Goggle Maps 620 N M L King Jr Pkwy Lxolb-T P P1 2 Of3 Image capture: May 2018 © 2019 Google Beaumont, Texas Street View - May 2018 Harrison Ave 620Nora King Juni 4 min drive i� )r7 Mcfaddin Ave, Katharine z ���V*IVvV pois, _c- B SEE An asbestos survey has been conducted in accord-ance with the -_ and the National Emission Standards for� i Hazardous Air Pollutants /demolished. / Yes*NoNot applicable for resd *If the answer [sNo, then a5the owner/operator ofthe renovation/demo responsibility to have the asbestos survey conddcted in accordance with T (TAHPK) and the National Emission Standard for. dPo|lUtaD1s ( ' perrn{tbeingissUad bythe City ofBeaumont. INT N ^ Th[sperolitissVhjoctfoonyease[nentsoƒrecoR{aDdioVomxsysuperaedeoaOysuch req owner's responsibility to determine if there are any easements and/or restrictions on thel AooroValVfabu��prn� i�iDerdoe�noteDsUrathattheproposedvvprk does not vioiat�an "NOTE: The City of Beaumont is not responsible for the location of any utility easements and/or de associated with the subject property. It is the sole responsibility of the -HOMEOWNER and/or CONTR AC identifV any utility easements -and/or deed res' r" t" s before construction. so I certify that all statements made herein or elsewhere in connectio ' n with t6is permit are true and correct. I al understand that any person who knowingly or willfml�;�I s P* erm it'application or received a permit through willfu omission or decep�ion is guilty of a crime andjpfryJVsu , JeVo Ines. Signature Office Use Only: __Com[nerciai8cceoaory Commercial, Addition __[o 'onenciu'�\ha 'on ' _Commercia[Communication Towers —Commercial, Demolition __Con�me[oiotHisto�ca|f\estoratio; ' ornmercia,&�mve/Ke|ooate __ConnrneruioiNew oJnstrucOon —Commercial, Other Office Use Only: Construction Type Flood Zone 3oningDistrict_ Historic District Tech Received Zoning District reviewed by - Building re ' viewed by: nBui/dinQrevexvedbz Permit No UnSite Inspection Made By COMMENTS- o/Comnnerc�LParkh�ak���D ' ' V-� ~ . . __Comm/erciaiRepair . ` Commercial, [omnn �SdhhNerSyntenn Pool/3pa-Commercia/Nexv .—Commercial, Historical Restoration __3ignOwn er|D Banner —Sign, d rtisin Vsidential, Multi -Family (Initial) Tech Issued �� Uroupancy7ype___ lULKEAB Project No. Fire District en pq Date'" i�h W111 Check List: (3) Site plans C8Construction Plans ` JCA -D# —Signature —Flood Zone D�tr�t ' —Zoning�.� —Grading H/ � Historic District ' Com Check Ir to co rl N 17 : �r r. k'� ��1•i��T%} *67 iL1 e r'" its cn — — Colit:� St �` W11,�` 'f . t y5 n YL_ 1'1W�Fy. Vv { J J BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal 4ariance {) Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. APPLICANT'S NAME AND ADDRESS: (y) c� V\ CX . e S G APPLICANT'S PHONE NUMBER: Ll n-9 - )-I C, r S -%q 7 FAX NAME OF OWNER: ! C> k vin V -01 -e l r�i �a ADDRESS OF OWNER: g 96-A S ICC LOCATION OF PROPERTY:. c �/ ' l� ,i iq L k k Lo V -TY 7-77 LEGAL DESCRIPTION OF PROPERTY: LOT NO. J U f U L,,t 61 7 1 b OR BLOCK NO. ADDITION�� NUMBER OF ACRES TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST, SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE. A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BY THE B O PROSECUTION OF THE WORK SHALL BE OB YEAR FROM THE DATE OF PERMISSION r APPLICANT'S SIGNATURE: JNDER§TAND THAT ALL PERMITS NECESSARY FOR AND ONSTRUCTION COMPLETED WITHIN ONE (1) OR IT SHALL BE CONSIDERED VOID. DATE: PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF TEE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: -7 * ' �A DATE RECEIVED: RECEIPT NUMBER: PLANNING DIVIiON, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 City of Beaumont 09/09/2019 Attn: Board of adjustments Re: 620 N MLK & 670 N MLK Beaumont, 77701 To whom it may concern, I Mohammed Issa after making a due diligence of business practices and projected sales came to a conclusion that opening a used car sales business in Beaumont would benefit both the city of Beaumont and myself and being owner of the above mentioned property would like to acknowledge that on 05/15/2019 I appeared before the city of Beaumont's permit office to obtain a parking lot paving permit for a car dealership that I intend to open in Beaumont, the permit officer in charge advised me to go to the engineering office within the city departments and have them approve the intended construction. After a brief meeting with a city engineer and going over the boundaries in google maps and street views in the same manner he determined that the property has and existing driveway and approved the intended addition and signed off approving the paving permit, I proceeded to go to the permit department and spoke to Mr. Marvin and he agreed without an objection at the time, Mr Marvin also referred me to Mrs. Katrina whom to my understanding she is with the planning and zoning division and she also agreed with the permit and gave me the OK to proceed, she did advise me to keep two (2) feet away from the sidewalk, so I proceeded to start the construction, which when we were 90% finished with the project a city inspector came to the construction site and asked for the paving permit which we showed it to him, and after making his proper inspection of the construction/ paving site he proceeded to let us finish the project. After the job was finished at a 100% several city officials appeared at the job site and stopped all work on the project stating that I do not have a permit for 670 MLK and the only paving permit that I have is for 620 N MLK which being that this is the address for the business that I intend to open, this miscommunication between the city officials and myself has affected the process being that at the end of the project it has been shut down, at this point I have no objection as far as getting another permit for 670 N MLK neither do the city official issuing me one, the only objection I do have is that after I have done all of this work and invested a great amount of funds is that the same department which approved the paving permit is now telling me that I need to cut the slab 4 feet to install landscaping, trees and shrubs 3 feet tall? I do not understand why this information was not disclosed to me before, like I had mentioned the business I intend to open is a dealership and the point of me building a slab is, for the merchandise to be seen from driving by potential customers, not to be hidden behind shrubs and, trees, after investing a large amount of funds into this project this will affect my business greatly causing economic hardship on myself and my family, it will also affect the integrity of the slab causing me to demolish and rebuild which would be devastating to my funds, please take into consideration these issues and I plead for your help regarding this matter! f,. Moh ed Iss ri F VARIANCE APPLICATION FORM BEAUMONT, TEXAS The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result fromq the applicant or owner's own actions_ _ -r CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. C�t�C� �,..�.,�,,,�. c_t"y cam. �� C'�✓L �� � �� r'�.� i �a � '���� '� I HEREBY ATTEST THAT, TO THE CONDITIONS STATED ABOYE,/ Applicant's signature:_ OF MY KNOWLEDGE, MY REQUEST MEETS THE Date: 9// `? / ( 9 Phone #__ f../_FAX # It 41, j 31-7% A'. 4�e L. - z . Tm� Ca! NO 0 Nil < L 7 0 co, 0 E 08 we E. . Tm� Ca! 746 -BA: Consider a request allowing a Variance to the 6 foot wide scaping and islands/peninsulas required for off-street parking. icant: Mohammed Issa tion 620/670 North Martin Luther Ding Parkway 0 100 200 1 1 I IF