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HomeMy WebLinkAboutJune 2020 BOA Packet*AGENDA* Board of Adjustment June 18, 2020 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:00 p.m. The meeting will also be broadcasted on the City's Youtube channel: https://www.youtube.com/channel/UCnY6nNk8zfXZuIMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the meeting held March 5, 2020. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 753-BA: Consider a request to allow a Variance to the minimum side setback from 5 feet to 2 feet. Applicant: Scott Reeves of Struggle Street Brewery Location: 2140 Calder Avenue 2) File 754-BA: Consider a request to allow a Variance to the minimum sign size requirement of 20 square feet within the Urban Corridor Overlay District. Applicant: Brazo Sign Co for Beauparte Apartments Location: 3580 S M L K Jr. Parkway 3) File 755-BA: Consider a request to allow a Variance to the minimum front setback from 25 feet to 17.9 feet. Applicant: Quenten Pete Location: 2075 South Street 4) File 756-BA: To consider a request for a Special Exception to reduce off-street parking requirements. Applicant: Kirk Farrelly for Dollar General Stores Location: 5595 Fannett Road OTHER BUSINESS ADJOURN Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES* BOARD OF ADJUSTMENT March 5, 2020 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on March 5, 2020 and called to order at 3:01 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Alternate Board Member Tom Rowe Alternate Board Member Lee Smith Alternate Board Member Sandy Pate Board Members absent: Board Member Christy Amuny Also present: Katrina Purcell, Planner I Adina Josey, Senior Planner Thomas Duesler, Senior Assistant City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Chairman Timaeus moved to approve the minutes for November 7, 2019 with one correction. Board Member Beaver seconded the motion. The motion to approve the corrected minutes carried 5:0. SWEARING IN OF WITNESSES *Board Member Hilliard arrived to the meeting at 3:05 pm, thus replacing Alternate Board Member Pate for voting purposes. PUBLIC HEARING 1) File 750-BA: Consider a request to allow a Variance to the minimum rear setback from 25 feet to 15 feet. Applicant: Lee Guseman of Guseman Construction LTD Location: 3870 West Pointe Drive Mrs. Purcell presented the staff report. Lee Guseman, of Guseman Construction LTD, is requesting a Variance to the rear setback for the property located at 3870 West Pointe Drive. The property is zoned RM-H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback. BOARD OF ADJUSTMENT March 5, 2020 In 2007, a plat was filed for Pointe' Park, a cluster housing development. As the market quickly changed, so did the demand for housing. In 2011 and 2013, several replats were filed creating standard single family lots for the west half of the original subdivision. These new single family lots vary in depth, some are 110 feet deep, some are 120 feet deep. The lots in question are 110 feet deep. Minimum lot depth for RM-H districts is 100 feet, so the minimum lot depth is not an issue. At least one house has been built, to code, on one of the 110 foot deep lots. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A. That the granting of the variance will not be contrary to the public interest; 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 hardship 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 from the applicant or owner's actions; and C. That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property and site plan were shown. A brief discussion was held between the Board and staff regarding previous variances in the area. Nine (9) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and no responses were received in opposition. Discussion between the Board and staff followed regarding the possibility of rezoning the whole area for future development needs. The applicant, Lee Guseman, of Guseman Construction, addressed the board. Mr. Guseman stated that he is the owner of the property and provided additional pictures and blueprints to the Board. He also discussed other structures in the area that have been built with variances. He explained that he would like to build a nice home with a 1936 square foot living area, 3 bedroom, 2 1/2bath with a large back porch. Discussion within the Board followed regarding the other variances in the area. Board Member Beaver moved to approve the Variance to the minimum rear setback from 25 feet to 15 feet, as requested for File 750-BA. Alternate Board Member Smith seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Alternate Board Member Smith -Aye. The motion to approve carried 5:0. 2) File 751-BA: Consider a request to allow a Variance to the minimum rear setback from 25 feet to 13 feet. Applicant: Ross Hansen of Baxsen Builders LLC Location: 3850 West Pointe Drive 2 BOARD OF ADJUSTMENT March 5, 2020 Mrs. Purcell presented the staff report. Ross Hansen has applied for a variance to the minimum rear yard setback for the property at 3850 West Pointe Drive. The property is zoned RM-H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback. In 2007, a plat was filed for Pointe' Park, a cluster housing development. As the market quickly changed, so did the demand for housing. In 2011 and 2013, several replats were filed creating standard single family lots for the west half of the original subdivision. These new single family lots vary in depth, some are 110 feet deep, some are 120 feet deep. The lots in question are 110 feet deep. Minimum lot depth for RM-H districts is 100 feet, so the minimum lot depth is not an issue. At least one house has been built, to code, on one of the 110 foot deep lots. Mr. Hansen states that the narrowness of the lot limits design flexibility. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A. That the granting of the variance will not be contrary to the public interest; 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 hardship 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 from the applicant or owner's actions; and C. That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property and site plan were shown. Six (6) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and no responses were received in opposition. Brief discussion was held concerning the width of the lot and the setback requirements. The applicant, Ross Hansen of Baxsen Builders, addressed the Board. Mr. Hansen explained that the setback requested is different from other homes in the area but that it is needed due to deed restrictions, the layout of the property and the location of a tree and a transformer on the property. Alternate Board Member Smith moved to approve the request for a Variance to the minimum rear setback from 25 feet to 13 feet, as requested for File 751-BA. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Alternate Board Member Smith -Aye. The motion to approve carried 5:0. 3) File 752-BA: Consider a request to allow a Variance to the minimum side yard setback from 5 feet to 0 feet from the proposed lot lines. Applicant: Mark Fertitta, Agent for General Petroleum Co. BOARD OF ADJUSTMENT March 5, 2020 Location: 2850 Laurel, 2755 Liberty, 205 — 215 N 11' St Mrs. Purcell presented the staff report. Mark Fertitta, an Agent for General Petroleum Co, has applied for a variance to the minimum side yard setbacks for the properties at 2850 Laurel, 2755 Liberty, and 205-2015 N 11`h Street. The property is zoned GC -MD (General Commercial -Multifamily Dwelling) and therefore requires a 5 foot side yard setback . The existing structures were built very close to one another. The applicant is proposing to split this lot. However, if approved, this subdivision would create the setback violation discussed here. Therefore, a Variance to the side yard setbacks must be obtained first. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A. That the granting of the variance will not be contrary to the public interest; 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 hardship 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 from the applicant or owner's actions; and C. That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property were shown. Discussion followed regarding the number of buildings, if they are connected and the Variance needed. Eight (8) notices were mailed to property owners within 200 feet of the subject property. Five (5) responses were received in favor and no responses were received in opposition. Discussion followed concerning the effect of the proposed variance on future development and use of the building in question. The Board and staff discussed how to word the Variance to ensure that it will be limited to the current building. The applicant, Mark Fertitta, 175 W Caldwood, addressed the board. Mr. Fertitta explained the history of the previous ownership and uses of the buildings. He stated that the fire marshal has gone through the structures and that there is some separation between the buildings, including a firewall. He also stated that Bando's is trying to purchase part of the building. Finally, he explained that with this project he hopes to add value to the community as a continued effort to revitalize 1 lth Street. Discussion was held between the applicant and the Board concerning the common walls and the need for a zero lot line. Further discussion followed regarding the effect of the Variance on future development, proposed changes from the Texas Department of Transportation and 1 lth Street projects. The Board then discussed some clarification of site plan specifics and how to properly word the motion to limit the effect of the Variance to the current building. 2 BOARD OF ADJUSTMENT March 5, 2020 Board Member Rowe moved to approve the request allowing a Variance to the minimum side yard setback from 5 feet to 0 feet from the proposed lot lines limited to those portions of the survey that are lines designated L2, L3, L4, L5, and the lot line shown as 88' 0' 51" E for a distance of 61.21 feet, all of which is a boundary between buildings as they exist at March 5, 2020, as requested for File 752-BA. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Alternate Board Member Smith -Aye. The motion to approve carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:44 p.m. 5 DATE: June 18, 2020 TO: Board of Adjustment FROM: Katrina Purcell, Planner 1 SUBJECT: To consider a request to allow a Variance to the minimum side yard setback from 5 feet to 2 feet. FILE: 753-BA STAFF REPORT Scott Reeves of Struggle Street Brewery has applied for a variance to the minimum side yard setback for the property located at 2140 Calder Avenue. The property is zoned GC -MD (General Commercial - Multifamily Dwelling) and therefore requires a 5 foot side yard setback. The applicant added a covered patio in the rear as a smoking area. This was built without a permit or inspections. A stop work order was issued. Upon speaking to the property owner and the applicant, it was suggested that the patio be moved to accommodate the side setback requirement. The applicant, however, did not wish to have the patio moved. Therefore, a variance is required. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; 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 hardship 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 from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 14 Responses in Favor . Responses in Opposition J LEGAL DESCRIPTION Being W 3/10 Lot 2, Lot 3, & %2 Lot 4, Block 16, McFaddin 2, Beaumont, Jefferson County, Texas, containing 0.289 acres, more or less. GENERAL INVORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Commercial SOUTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: Scott Reeves Struggle Street Brewery 2140 Calder Avenue GC -MD (General Commercial -Multifamily Dwelling) —0.289 acres, more or less Commercial X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RCR-H (Residential Conservation and Revitalization-H) GC -MD (General Commercial -'Multifamily Dwelling) GC -MD (General Commercial -Multifamily Dwelling), LI (Light Industrial) & HI (Heavy Industrial) GC -MD (General Commercial -Multifamily Dwelling) Conservation and Revitalization Calder Avenue — Secondary Arterial with a 60' right-of- way and 45' pavement width. Curb and Gutter Calder Ave - 6" water line SANITARY SEWER SERVICE: Calder Ave — 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BERNSEN HOLDINGS LLC BROUSSARD'S MORTUARY INC BURNS ANTIK HAUS LLC DAEKE DALE EDC3 PROPERTIES LLC MAMF M INVESTMENT LLC SALAZAR SALVADOR & ASHLEY STANLEY CLAUD G THREE POINT INVESTMENT LTD TRIANGLE ENGINE DISTRIBUTORS VIETNAM VETERANS OF AMERICA WATZ GLENN WHARTON TYLER WOOLLEY BILLY BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal Variance () 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: -e1 . 2_a z1a (2�j/c/e APPLICANT'S PHONE NUMBER: 610E-T (� 9 FAX #: NAME OF OWNE��)�CA/�o►� ADDRESS OF OWNER: LOCATION OF PROPERTY: LEGAL DESCRRIPTION OF PROPERTY: r. LOT NA-1 1.� silo LZ l i zo ' Lq BLOCK NO.�� ADDITION t, NUMBER OF ACRES_ OR 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 OARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISS193� THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNA DATE: PLEASE NOT TI PLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET FILE NUMBER:��'6_1b BEAUMONT, TX 77701 DATE RECEIVED`j_ - UX) P.O. BOX 3827 77704 RECEIPT NUMBER: (409) 880-3764 FAX (409) 880-3133 March 16, 2020 City of Beaumont Board of Adjustment 801 Main Street, Room 201 Beaumont, TX 77701 Re: Struggle Street Brewing Company; 2140 Calder Ave, BeaumontTexas Dear Members of the Board of Adjustment, My name is ChristopherScott Reeves, and I am seekingthe approval bythe Board of Adjustmentof Review of the Variance for a Building permit for our covered smoking area. The current buildings surrounding our location are all commercial in nature, including each one that touches our property lines. This is the second time we have come before you to ask for approval with our business, and same as before what we are asking for will not be a nuisance, nor impede any activity or development of the surrounding properties. In accordance with the application form we feel we meet the three conditions to be able to successfully be granted the variance which we area pp lying for. CONDITION A: The granting of this variance will not be contrary to any public interest. CONDITION B: The enforcementof the ordinancewill notresult in any unnecessary hardship rather physical nor otherwise. The area where the coveris does not change any accessto any utility nor, building be it ours or another. CONDITION C: By granting this variance, the spirit of the ordinance will be observed andjustice will be done for our business as well as others around us. I am urging the Board of Adjustmentto considerto approve this variance, as its approval will allow us to continue to be both a great place for the local population to relax, as well as a destination for out of town people to stop on theirway through town. We look forward to gaining your approval so that we can more comfortably host our patrons, and continue to serve, as well as revitalize the Calder, Downtown, and surrounding areas. I appreciate your time and consideration. Sincerely, Christopher Scott Reeves 2140 CaIderAve Beaumont,Texas 77701 409-599-6783 Email: reeves.scottc@gmail.com VARIANCE APPLICATION ATION FORM BEAUMONTy 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. 'J-� 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 from the applicant or owner's own actions. �gg d -f + C-7 � � � %` e S �� Dim Gt g,'0 C-11 r LIAA p e l t 511 CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. /-� L1 I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. • Applicant' signature: Date: Id ILO FAX # | � E » j\ --- --- PROPERTY L --- --- I �| 2] 0Two I . Ar --- -- - --- - --- Ll --- --- --- _ PROPERTY LINE _ A\ �� 1 ] §}§ ' ) « File 753-BA: Consider a request to allow a Variance to the minimum side setback from 5 feet to 2 feet. Applicant: Scott Reeves of Struggle Street Brewery Location: 2140 Calder Avenue 0 100 zoo i I I Feet DATE: June 18, 2020 TO: Board of Adjustment FROM: Katrina Purcell, Planner 1 SUBJECT: To consider a request to allow a Variance to the minimum sign size requirement of 20 square feet within the Urban Corridor Overlay District. FILE: 754-BA STAFF REPORT Janet Glasscock of Brazo Sign Co., for Beauparte Apartments, has applied for a Variance to the minimum sign size requirement of 20 square feet and the minimum height requirement of 5 feet within the Urban Corridor Overlay District. This is for the property located at 3580 S Martin Luther King, Jr. Parkway. The Urban Corridor Overlay District states that "(A) One (1) detached identification sign may he constructed to identify a single-family residential development of ten (10) acres or more. Such signs will he subject to the following conditions and restrictions: (iii) The sign shall not exceed twenty (20) square feet in area; and (iv) The sign shall not exceed a height of five (5) feet above the ground." The applicant states that these requirements will impede the visibility for attracting new residents at this property. The size submitted will be 49.02 square feet and 5 feet in height, which is smaller than the existing sign (75 square feet) located there now. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; 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 hardship 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 from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 36 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Plat B-1, Tract 1B, Abstract 7 of J W BULLOCK, Beaumont, Jefferson County, Texas, containing 3.234 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Brazo Sign Co PROPERTY OWNER: Beauparte Apartments LOCATION: 3580 S Martin Luther king Jr Parkway EXISTING ZONING: PUD (Planned Unit Development) PROPERTY SIZE: —3.234 acres, more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential -Single Family Dwelling) EAST: Industrial LI (Light Industrial) SOUTH: Residential GC -MD (General Commercial -Multifamily Dwelling), LI (Light Industrial) & HI (Heavy Industrial) WEST: Residential RCR (Residential Conservation & Revitalization) COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: S M L King, Jr Pky — Major Arterial with a 11 5'right- of-way and 90' pavement width. DRAINAGE: Curb and Gutter WATER: S M L Kind Jr Pky - 12" water line SANITARY SEWER SERVICE: S M L King, Jr P — 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BAHENA FRANCISCO G BRADSHAW BARBARA JANE BRANDON JOHNSON INVESTMENTS LLC BROWN CLARENCE CASEY ASSETS LLC CASIANO HERMELINDO CORMIER TAMERNIKO RACHELL CRABBE CHARLES CRABBE J COLIN & CHARLES B CRUZ MARIA LUCIA DONALDSON GREGORY C & DOUGLAS G JR DURGAN THOMAS & LOUWILDA ENDARI JOSEPH ENTERGY TEXAS INC FRAGA SARA & ANTONIO GALVAN TIMOTEO HOLMAN CLAUDE E HOLST GILES BULLOCH & ROBERTA J & E INVESTMENT GROUP INC JOHNSON TELLY D JUSTON BROWN & ASSOCIATES LLC KANNEGANTINAGAMANI LATTEN ENTERPRISES LLC LOREDO JOSE LUIS MOAKE SARAH J MONROY ROSALBA R & JOSE L NAVA IRMA YOLANDA OLGUIN VALENTIN VILLANUEVA ROBBINS NANCY SAI INVESTMENTS STATEWIDE CONSOLIDATED TRIANGLE F INVESTMENTS LLC VILLA ARICELI CHAVARRIA WOLFORD PAT WULF CHARLES E ROCHELLE A ZAPATA MARIA (LIFE ESTATE) BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal Variance () Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. APPLICANT'S NAME AND APPLICANT'S PHONE NUMBER: FAX #: iyd 11(-2C�CA`r'x NAME OF OWNER: ADDRESS OF OWNER:��, LOCATION OF PROPERTY: '-Y5 W,' K LY,,)i4 -, 0— -S P �LN� LEGAL DESCRIPTION OF PROPERTY: LOT NO. P,�.a�-� ii� OR BLOCK NO. j-T i @ 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 BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATURE: _��'�.., � �h� t®- DATE: PLEASE NOTE: THE APPLI� IS GIVEN(dDAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: T)`t - b A DATE RECEIVED: J " �D ZOZI,7 CITY OF BEAUMONT PLANNING DIVISION 801 MMN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 J BRAZO SIGN CO. March 10, 2020 To: City of Beaumont Board of Adjustment Re: 3580 S MLK Jr Pkwy, Beaumont, TX 77705 We would like to request a variance for a monument sign located at: Beauparte Apartments 3580 S MLK Jr Pkwy Beaumont, TX 77705 We feel that having a sign limited to 20 SF as allowed in the Urban Overlay District will impede the visibility for attracting new residents at this property. The current sign is 75 SF and completely in ill repair. We are proposing a sign that is substantially less than the current sign (49.02 SF) and with the new look and updated design will attract more residents and create an aesthetically pleasing look to the property. We believe that the overall purpose for the Urban Overlay District is to bring a cohesive look to the area and bring more business and revenue into a currently distressed area and bring the community together with pride. I have also outlined the reasons on the Variance Application From attached. Please feel free to contact me if you have any questions or need any additional information. Best Regards, 1 5 net lasscock Project Manager Brazo Sign Company 7220 Chippewa Blvd Houston, TX 77086 281-395-2770 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 fmds 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 from the applicant or owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. APPLICANTS �.�.�,- SIGNATURE: �' C >D VO L Date: 2 I ' ">zo Phone Number: ` `� ` Fax Number: 3�® M-d�� ,er.v.Fr ��� •,�" � nxerre D u e o Leo as o o.9 5 a a-0 o o a �tr ji C� �yrva�V�i � M1By� t a 9 9• ti be jJS� 5Ag s C U a � 2 r a qS q U / m } oa 49 Zi m ;.AUE'jpgnn73 z? { t - . 1 AZ NTS Bed I bath �`" - a z 42 y 0 O V co N `n AL/6 Z£ u 09 Q � zw S2 N u LU zZ C7 N m o ov -O m � 2 0 00 as nE C „m m e $U c o� 0 m a� $ R o E rn� aw a m �E w$ vm o � „E m °1 E9 8t O m 8m �E '3 m um.rn y O G C a� m m r � 4 ry `a 3 m � 0 0 3 8 cW va ov Lc m'= c me w m E tE 2L` t O O � j m m O O 6 C m m Ly �pp t V m C m f4 y O 0 a[O 9 V! m 0 ¢a m $ `o rn mm sa mE m m O � ay 3 0 0 of �E 'u5 0 a z to h w u 0 = 'Q f� Q 4A L 0 0 d c � •N c N L 'Q 'C L C CD V •� 0 CT � L 0 H c •A i > It6 i Y! � H C 'a 0 M 13, c (ts u M N 3 Q GJ =_ d •>0 0 t �F- W 0 J V � V x W Q W cn 0 0- 0 CK a O Z Q C7 z F7- ci J W Q F zZ N z :t W 4 � u a � W O~j Q 0 CO h � W a � z ri W a, W Q LU Of D Q z W 5 File 764-BA: Consider a request to allow a Variance to the minimum sign size � requirement of 20 square feet within the Urban Corridor Overlay District. Applicant: Brazos Sign Co for Beauparte Apartments Location: 3580 S M ]L K Jr. Parkway 0 400 1 1 1 Feet DATE: June 18, 2020 TO: Board of Adjustment FROM: Katrina Purcell, Planner 1 SUBJECT: To consider a request to allow a Variance to the minimum front yard setback from 25 feet to 17.9 feet. FILE: 755-BA STAFF REPORT Quenten Pete has applied for a variance to the minimum front yard setback for the property located at 2075 South Street. The property is zoned RM-H (Residential Multi -Family -Highest Density) and - therefore requires a 25 foot front yard setback. The applicant is requesting to demolish the existing front porch and rebuild it. The new porch will be 17.9' from the front property line and requires a variance to allow it. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; 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 hardship 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 from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 5, Block 10, Parkdale, Beaumont, Jefferson County, Texas, containing 0.161 acres, more or less. GENERAL INFORNIATION/PUBLIC UTILITIES APPLICANT: Quenten Pete PROPERTY OWNER: Quenten Pete LOCATION: 2075 South Street EXISTING ZONING: RM-H (Residential Multi -Family -Highest Density) PROPERTY SIZE: —0.161 acres, more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multi -Family -Highest Density) EAST: Industrial HI (Heavy Industrial) SOUTH:. Residential RM-H (Residential Multi -Family -Highest Density) WEST: Residential RM-H (Residential Multi -Family -Highest Density) COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: South Street —Non -Major Street with a 60' right-of-way and 25' pavement width. DRAINAGE: Curb and Gutter WATER: South Street - 8" water line SANITARY SEWER SERVICE: South Street — 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' ALVAREZ-CASILLAS IGNACIO ARELLANO FRANCISCO ARELLANO YADIRA BARAJAS JUAN M RIOS BOBB JESSIE J COFFMAN HARVEY DUANE COOK JAMES H ESTATE DYNAMIC AND LIMITLESS GAMA JOSE & CARMEN B GOMEZJOSE HUMBERTO MEZA GOTHE MELVIA HERNANDEZ SERGIO & MARIA JACKSON MARGIE ESTATE LAMAR DEV CORP OF BMT PINKSTON RICKY EARL RATHORE DALIP S RODRIGUEZ TORRES SPEAR TEOFILA C WASHINGTON LIVINGSTON J BOARD OF ADJUSTMENT APPLICATION FORM CITE' OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) O Appeal UA-ariance () 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 APPLICANT'S PHONE NUMBER: C�- 9-a ` o9 D iI S' FAX #: NAME OF OWNER: CI ADDRESS OF OWNER: ���}"� 11 s u 1� �� LOCATION OF PROPERTY: � ,� V 9S 1�1 4- _6 LEGAL DESCRIPTION OF PROPERTY: LOT NO. 5 OR BLOCK NO. D � ADDITION g, i k 0 1 CM&8k40n NUMBER OF ACRES ®•) b b-� 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 BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATURE: (I G d Own �P1Ck DATE: �°"�a Q-0 PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION FILE NUMBER: DATE RECEIVED: 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 4/8/20 3()Cky-&��s�r� ✓ I NEED TO REPLACE THE PORCH AT 2075 SOUTH ST BEAUMONT TEXAS 77701..THE CURRENT PORCH ISNT SAFE FOR ANYONE TO WALK ON..THE BOTTOM HALF OF THE STEPS IS ALL BROKEN AND THEY DONT COME UP HIGH ENOUGH FOR SOMEONE TO STEPDOWN WITHOUT FALLING OR HURTING THEIR ANKLE ... I ATTACHED PICTURES QUENTEN PETE 4/8/20 409-223-4148 1 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. v� akvVlj I - � ti "" L%✓- J'4U U9'L6;R.- v� V � �� � ' ✓ d �� �l : "J ��r'l.a� c-h 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 from the applicant or owner's own actions.) (mot.% (t? CC1 c t 5 S an -����� ifs-- b Pn E �t�� dooi-, cto itl fhoA 'S�/)7A,'/ ai'-*/- door, CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. / 5-Q, C rl d�7 i� �� L i�Le e, e,,,v s=e, &u-o ce bq ve, kvC. C 0 41 fot- t4b lie, c,Y- to Cam' - I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. APPLICANTS OLA 9N PAL SIGNATURE:Date: Phone Number: 9 00 - 31R3-914 S/ Fax Number: o Set capped iron rod stamped 'ACCESS SURVEYORS" 20' alley (unless noted otherwise) found Found 1' Pipe N 09'53'32' E 50.00' 1/2' Rod N 89'0948' E 50.07' Lot 5 Bloch 1® 25' building setback line c G UI a U o •• � concrete driveway c U O � .o a8sb h � Lot 4 Lot 6 of o e\ 0 � 0 b e a 19.6' N single story N residence 2.1' M on piers 4,5 m tea. M • cc � o . `'. • 30.6' 25' building setback line concrete proposed 25.4 Found 1/2' Pipe driveway Porch <<' 17.9 Found Pinched Top Pipe S 89°53°32' 6Y 100.00' S 09'5332' IN 50.00' Found N 09'30'49" E 50.05' 1/2' Rod South Street (60' R.O.W.) Surveyors Notes: (1) This survey was completed without the benefit of a title commitment, and not all easements or servitudes, whether of record or not, were researched at the time of this survey or shown hereon. (2) All bearings are grid, based on the Texas Coordinate System of 1983 (NAD83), South Central Zone. PREPARED EXCLUSIVELY FOR: Quenten Pete. ,Sr- SCALE: 1 " = 20' 1, Scott N. Brackin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my knowledge and belief. Survey Dated: March 23. 2020. The subject tract being located at: 2075 South Street, Beaumont, Texas 77701 and being described as: Lot 5. Block 10, Parkdale Addition recorded in Volume: 1 Page: 122 of the Plat Records of Jefferson County, Texas vENq 'C�•F.TF Subject Property located in Flood Zone: X / Co.- ��SrERF !yN Community Panel No. 4854570020 C .FIRM Dated: August 6, 2002 ®_; ...... _................................ SCOTT N BRACKIN Commercial - Industrial -Residential q 6650 ' 11025 Old' Voth Road — Beaumont, Texas 77713 C9i1, �FSS1�°'OQ relephone (409) 838-6322 Facsimile 838-6122 S'URv� vww.occess—surveyors.com § rpls5163®ool.com Scott N. Bmckin ;le: 2020233-PLATflrm No. 10136400 Technician: CR ($e04 Registered Professional Land Surveyor No. 6650 J -iri EllSF k v+ Ey7 uef�i' AN ��- o F� J':. F ,� 1 s s f {r F._ y I i (. 3 ( q do t 3 3 p au ! File 755-BA: consider a request to allow a Variance to the minimums front setback from 25 feet to 17.9 feet. Applicant: Quenten Pete Location: 2075 South Street o 100 I i I Feet DATE: June 18, 2020 TO: Board of Adjustment FROM: Katrina Purcell, Planner I SUBJECT: To consider a request for a Special Exception to reduce off-street parking requirements. FILE: 756-BA STAFF REPORT Kirk Farrelly, on behalf of Dollar General, has applied for a special exception to reduce off-street parking requirements for the property located at 5595 Fannett Road. Special exception (c.) allows a waiver to off-street parking when the Board finds the same is unnecessary for the proposed use of the building for which the request applies. Submitted for your approval is the request and supporting information related to the Dollar General new location. By strict compliance with the City of Beaumont Zoning Regulations, the use would require 46 parking spaces. The proposed site has 9,100 square feet. This request would be to allow this store location have the reduced number of parking spaces than required. The development site has limited space and with over 16,000 locations, it has been determined that 30 spaces is more than adequate for the customer flow rate that is generated. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 21 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 13-14, Block A FRC, Tyrrell Park, Beaumont, Jefferson County, Texas, containing 1.372 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Kirk Farrelly PROPERTY OWNER: Dollar General Stores LOCATION: 8540 Phelan Blvd EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) PROPERTY SIZE: —1.372 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Residential SOUTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Shaded X — Area determined to be outside the 100 year flood plain SURROUNDING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) R-S (Residential -Single Family Dwelling) GC -MD (General Commercial -Multiple Family Dwelling) GC -MD (General Commercial -Multiple Family Dwelling) Light Industrial Fannett Road — Major Arterial with a 45' right-of-way and 25' pavement width. Open Ditch 8" Water line 21" Concrete sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 2001 BERTRAND AARON DEBOSECAROLYN DOUGLAS HUBERT A & BARBARA FARR CLORIA GAINES EUGENE JR GONZALEZ MANUEL & PASCUALA HOUSE JANIE L JACKSON AVINASH KISH PROPERTIES INC MARTIN MARIETTA MATERIALS REAL ESTATE INVESTMENTS INC MOORE KEVIN & LEONA NOWELLSIDNEY E NUNEZ ENRIQUE & EDITH ARROYO (CD) ROCHELLE BETTY ROCIO COBIN &JESSIE MARIE RODRIGUEZ NORMA RODRIGUEZ NORMA SWIFT INTERNATIONAL SERVICE GROUP INC WARD LINDA F WEBB DAN &JUDY BOARD OF ADJUSTMENT APPLICATION FORM CITE' OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal lariance 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: Kirk Farrelly, 361 Summit Blvd Suite 110, Birmingham, AL 35243 APPLICANT'S PHONE NUMBER: 205-263-4589 FAX #: 205-968-9229 NAME OF OWNER: DG Beaumont (Fannett Rd), LLC ADDRESS OF OWNER: 361 Summit Blvd Suite 110, Birmingham, AL 35243 LOCATION OF PROPERTY: 5595 Fannett Rd, Beaumont, TX LEGAL DESCRIPTION OF PROPERTY: LOT NO. 13 & 14 BLOCK NO. Volume 5, Page 174 ADDITION Tyrrell Park Addition NUMBER OF ACRES 1.37 OR 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 BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGN K DATE: 5/13/2020 PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: } I�D % — 64. DATE RECEIVED: '5-14 - Z020( CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 DOLLAR GENERAL Dollar General Corporation 100 Mission Ridge Goodlettsville, TN 37072 April 29, 2020 Katrina Purcell, C.F.M. Planner I City of Beaumont 409-785-4793 Parking requirements at the proposed Dollar General location at 5595 Fannett Road, Beaumont, TX. Dear Katrina, Through the years Dollar General has been in the process of refining the design criteria for new store development. With over 16,000 stores in productive operation, we have gathered a significant amount of data. One area in which we are balanced between development cost and customer need is in the area of parking requirements and accessibility for our build -to -suit locations. Our stores average around 15-20 transactions per hour. We have estimated and confirmed that 30 spaces would accommodate the customer flow rate that our business generates. This standard has been sufficient for even the traffic generated at the peak Christmas Season levels. Thanks for your consideration and feel free to contact me with any other questions you may have. Best regards, Randy D. Martin A&E Plan Coordinator - Western Region AZ, CA, CO, IA, KS, MN, ND, NE, NM, NV, OK, OR, SD, TX, WA & WY. EMAIL; rmartin@dollargeneral.com l� l• p r day VARIANCE APPLICATION FORM B EAU1V'1 O T, 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. The public will be benefited by granting of the variance in the form of reduced unnecessary pavement, increased landscape buffers at the rear of the prope and larger area for stormwater detention. Thus, the granting of the variance will not be contrary to 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 from the applicant or owner's own actions. The existing property is narrow across the front and increases in width across the rear of the property. To comply with the parking requirement would regc paving a much greater portion of the site in the rear due to the insufficient property frontage, which would add unnecessary impervious area and have a negative effect on surrounding properties. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The ordinance requirement is based on gross floor area, which assumes the entire area of the building is open to the public. When removing the receiving) storage areas, office, breakroom, restrooms, shelving, etc. the provided parking is more in line with the intended parking ratio by Ordinance. The Tenant 1 over 15,000 Stores in their pipeline and knows their parking needs, which is what is proposed. Further, real world parking studies at many locations in the Northeast, with higher population density than the subject Project location, have confirmed the provided parking request being applied for is more than sufficient. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. APPLICANTS �i SIGNATURE:C �� • � Date: 5/13/2020 Phone Number: 205-263-4589 Fax Number: kfarrelly@cgpre.com ONI '2i31lVHon8 H1MM:19 WildVO Wg 3W as=a ge SVX31'),INnOONOS3333f'1NOWf1V39 Na N '3'S 0066 '9 3d.11OIM:Jd z uQ m`^e3 MI: wo �a N �V?I° mWge l�"`' e� ida3N39 ani,oa ow a S co m. Eggum 'Mil a > U Q wumnco ,«, Uo a N a yN �_ p �z tl kYut �e m m ouao iG ti Qo W 61 w5 92 a� ~z >s rc rc a vuf ad a m arc .- , z° i i mli %!lalQ 2'7 -- o d00T IIV1 GS. j I I �I i I I 0 U t� I mom -� �z fz m^ 6WN YN �W ^+ � D+ W-H f 11 if CAPITAL GROWTH BUCHALTER MAY 13, 2020 KATRINA PURCELL, C.F.M. CITY OF BEAUMONT 801 MAIN, SUITE 210 BEAUMONT, TX 77701 SUBJECT: LETTER OF INTENT - PID 108078 PROPOSED DOLLAR GENERAL 5595 FANNETT RD BEAUMONT, TX MS. PURCELL, REPRESENT CAPITAL GROWTH BUCHALTER, INC., AND WE ARE UNDER CONTRACT TO PURCHASE AN EXISTING +/-1.37 ACRE PARCEL. WE ARE REQUESTING A SPECIAL EXCEPTION FROM THE CITY OF BEAUMONT ZONING CODE TO ALLOW FOR 30 TOTAL PARKING SPACES IN LIEU OF THE CODE REQUIRED 46 TOTAL PARKING SPACES, BECAUSE DOLLAR GENERAL NEEDS SUBSTANTIALLY LESS PARKING AS EVIDENCED BY THE INCLUDED PARKING COUNT LETTER FROM CORPORATE. THIS SPECIAL EXCEPTION REQUEST WILL HAVE NO ADVERSE EFFECT ON THE NEIGHBORING PROPERTIES, AS IT WILL ALLOW FOR UNNECESSARY AND UNUSED PAVEMENT TO BE ELIMINATED AND IN TURN ALLOW FOR MORE LANDSCAPE BUFFERS ON THE SIDES AND REAR. ADDITIONALLY, THIS SPECIAL EXCEPTION REQUEST HAS THE FURTHER BENEFIT OF REDUCING THE OVERALL IMPERVIOUS SURFACE AREA OF THE PROJECT AND REDUCING STORMWATER RUNOFF. IF YOU HAVE ANY QUESTIONS OR IF YOU NEED ANY FURTHER INFORMATION, PLEASE DO NOT HESITATE TO CONTACT ME. WE ARE LOOKING FORWARD TO HOPEFULLY BRINGING A NEEDED GENERAL RETAIL STORE TO THIS AREA FOR THE BENEFIT OF BOTH THE CITY OF BEAUMONT AND THE LOCAL RESIDENTS. RESPECTFULLY, CAPITAL GROWTH BUCHALTER, INC. .LAMES KIRK FARRELLY, P.E. (205) 263 - 4589 KFARRELLY@CGPRE.COM 3 6 1 SUMMIT BLVD. SUITE 110. B I R M I N G H A M, AL 3 5 2 4 3 C G B U C H A L T E R. C O M SURVEY LEGEND --E----k`ELEC7RIC LINE Q cwcRETE SURFACE Q SHIMMING POLY ❑ AG AIR LYNCnOVING UN? _ _ _ =mum FENCE PL—PL—PIPELINE ® COWRfD AREA D17M • p p PO%e POLE — Ile CHAIN L1W ffNCE —7`T—TELEPHONE LINE ROCK OR GRAW L Q LAWN SIAEETUGHT R—BARBED RRE FENCE CLIENT RIPPEON PROPERTIES, LTD GFT#• 432368-LAf CHES71AND PEACE V(K 10, P, 135, M.R.J.G 3 1 1.Ot B y VOt A 'Ot y S 374424" W - 233.87' P.P. FOUND III— III(CALLED S 4020'22' W 234.04) GA. 3 P.P.R HNAR112.1.37 acres la I_q-! � y 10.6 0�• unUTY ENT P.P. J— FOUND 1/2' FOUND 7/2' N 39'04'04" E 159.94' GA. REBAR RERAR (CAGED N 4/40:a3" E 159.96) B t NN NG 5595 FANNETT ROAD SURVEYOR 5 CFR77FICA7 E.• 7071LELIENHOLDERSAND 7MEOWNEILSOF7HEPREMISESSURVEYEDAND 70 S7FWART7ITLEINSURANCECOMPANY fieadasgL)EddoeshffebymtfythatftsurveyWasno�L,Onarilffiatt'Emate rodsoepan asmMeis sln/ores narea hw#arylinemn�i` paarllmenls oW Hopp got/mprortn enLs,easrmentsorri t;-of--Way,exmptas shxronhelmn,andNiatthepmFrTlyhssaopstDandfromateiroadiAeyasof MAY312019. 7healwvebadbeingkxafs9at 5595 FANNETT ROAD, MONT,TEXAS7705g desrritxdas A 1,37ACRTRACTOO13 AND i4, UNIT 'ii'; TYRRELL PARKADDITION asmmrde'/in VOLUME 5, PAGE 174, OF THE MAP RECORD-OFJEFFERSON COUNTY, TEXAS (SEEATTACHED LEGAL DESCRIPTION). Ina with FhLr/LLsuranL�Rate hlap(flRMJ ofthe F£YkralFinelSrncyMar>agelnentAgelxy, thesubkdhadiskna�in Fk>a1Za'enD�•Ibebw.7/ekKafiDnaf,eprof�lfywasdetemn'nedbys�k. Adu3lfieNekvd6onl+esrbt�mline� un/e�sr �1 FAUST 5g/L>L�ingandSLrveyirg, Ix: daasnot rrent orSDbscTitr to the aDalayofsaid map. SINTE GS'SIR83,SO CENTRNARE REFERENCED ARE BASE O COORDINATE BLARIN65HOW, HEREOfNFRALZONE, AND OTHESEDOCOORDIR7N AMERICAN DATUM OF103 ADIUS'TMEW2011. 97019FAW E02/—.V and Sl—yM, Inc. AFA7h&rese 1 THISSURVEYISCERDFROFOR 77ilSTRANSAC770NONLYANDLSNOT7X4NSFERASLETO RICHARD F. FAUST ADDmOM4L7N5177UVOAS ORSUB5WUfNrOWNER5. USEOF THISSURVEYFOR ANY OTHER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 PURPOS'EOR BY07HER➢ARDESSH4LL BEATTHETR OWN RISKAND THEUNDERSIGNED SURVEYOR FM(YNFFRINR FIRM RFrJCTRA7UW Mn — Census Tract: 1J 03 FEMA Flood Zone: X 51 Community Panel NO.: 485457-40 D Panel Dole: 08 Os 0: Field Book No.: 19-5 Project No. 190277 nc y SCALE 7 =50' 112" 7NE FCIOWWG 17EMS ARE U570 MTHIN SCHEDULE' OF THE 777LE COMMI7MENT OF ISSUED ON MAY 20, 2019, AND ARE PX, G\ S T f REFERENCED AS FOLLOWS •4c, '�F•'•"9 17EW 10.b) GRANT OF U77UTY EASEMENT TO ......,, • ... • , •, �; GULF STATES UDU7IES CO, AS RECORDED IN ., RICH ARD ..FAUST THIIS S PL PAGE f03 LCD.R.; SHOWN am THPLAT. 4782 P• � ITEM fac) GRANT OF UnUTY EASEMENT TO 9iiO fSStiO?•�O GULF STATES UNURES CO. AS RECORDED IN VOLUME 442 PACE 104 Jr D.R.; DUES NOT NG, INC. f`V �' AFFECT THIS TRACT.. FILED AND RECORDED 0to>.".>. OFFICIAL PUBLIC RECORDS 4 2019 Jul 0312:39 PM Fee: $ 34.00 2019022355 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded* STEWART 6 i Q LE File No. 432368 t_N 4n SPECIAL WA_,RRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. e. Date: , 2019 Grantor: SWIFT INTERNATIONAL SERVICE GROUP, INC., a Texas Corporation Grantor's Mailing Address: P. O. Box 680172, Houston, Harris County, Texas 77268 Grantee: RIPPEON PROPERTIES, LTD., a Texas Limited Partnership Grantee's Mailing Address: 6115 Muela Creek Drive, Beaumont, Jefferson County, Texas 77706 Consideration: TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consider- ation Property (including any improvements): BEING 1.37 acres of land out of Lots 13 and 14, Unit "A", Tyrrell Park Addition, recorded in Volume 5, Page 174, Map Records, Jefferson County, Texas; said 1.37 acre tract being more fully described) by metes and bounds as follows, to -wit: BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAly DATUM OF 1983, ADJUSTMENT 2011. BEGINNING at a 1/2" rebar found on Me intersection of the east line of said Lot 13 and the south right-of-way line of a c -1dicated road named Fannett Road; said rebar being the northwest corner of Lot 1, Block 2, Leroy Addition, recorded in Volume 9, Page 57, Map Records, Jefferson County, Texas, and being the north- east corner of the herein described tract; THENCE South 60°20'54" East (called South 57°46'00" East) along the west line of said Leroy Addition and the east line of said Lot 13, a distance of 311.44 feet (called 311.58 feet) to a 1/2" rebar found for the northeast corner of Lot 3, Block 1, Crestland Place, recorded in Volume 10, Page 135, Map Records, Jefferson County, Texas; said rebar being the southeast corner of the herein described tract; m_ .___m___ S)ATIFT INTERNATIONAL SERVICE GROUP, INC., a Texas Corporation NERV THOMAS, President THE STATE OF COUNTY OF This instrument was acknowledged before me on the ,l1 day of ( S4 2019, by NERV THOMAS, President of SWIFT INTERNATIONAL SERVICE GROUP, INC., a.Texas Corporation, on behalf.of said Texas Corporation. NOTARY PUBLIC IN AND FOR .;�p�.'""'' - MF.�,INNAiM4MAS THE STATE OF -re7C� �� # 1146310 Printed9r typed name of notary: EVkgs Nor mbP.r! i � R Oil,.• 2b �' •a My commission expires: PREPARED IN THE LAW OFFICES OF: MICHAEL D. MATTHBWS GRIFFIN & MATTFIEWS 400 Neches at Crockett . Santa Fe Depot h Beaumont, Texas 77701 (409) 832-6006 Please Return To: Rippeon Properties, Ltd. 6115 Muela Creek Drive C3 /4 Beaumont, TX 77706 N File 756-BA: To consider a request for a Special Exception to reduce off-street parking requirements. Applicant: Kirk Farrelly for Dollar General Stores Location: 5595 Fannett Road 0 200 1 1 1 Feet