HomeMy WebLinkAbout691-BA
DATE: December 3, 2015
TO: Board of Adjustment
FROM: Adina Ward, Planner II
SUBJECT: To consider a request for a variance to the prohibition of Cellular telephone
transmission towers within two hundred (200) feet of a residentially zoned
property.
FILE: 691-BA
STAFF REPORT
David Petrakovitz, agent for T. Mobile West, is requesting a variance to Section
28.04.008 Special Conditions, of the Zoning Ordinance which states, "Cellular telephone
transmission towers shall be prohibited within two hundred (200) feet of a residentially
zoned property. The method of measuring the distance between the cellular telephone
transmission tower and the residential zoning district shall be from the nearest lease or
property line of the cellular telephone transmission tower facility to the nearest
residential district boundary." Mr. Patrakovitz states that the only available commercial
properties near the 1800 block of Washington Boulevard are narrow, not allowing for the
required buffer, and that the proposed tower will not exceed 100 feet in height, in order to
minimize the visual impact on the neighborhood. Although the tower would be
approximately 156 feet from the nearest residential zoned property, it would be over 226
feet from the nearest residence.
The applicant shall have the burden of proof to demonstrate that all three conditions
necessary for a variance have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 10 .
Responses in Favor . Responses in Opposition .
LEGAL DESCRIPTION
Being the SW 1/4 of Block 2F, Cartwright Addition, Beaumont, Jefferson County, Texas,
containing 0.980 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: David Patrakovitz - agent for T. Mobile
West
PROPERTY OWNER: Garden of Gethsemane Nursery and
Landscaping, LLC
LOCATION: Approximately 150' west of 1878
Washington.
EXISTING ZONING: GC-MD (General Commercial - Multiple
Family Dwelling)
PROPERTY SIZE: 0.98 acres, more or less
EXISTING LAND USES: Commercial
FLOOD HAZARD ZONE: “X” - Areas determined to be outside 500-
year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial GC-MD (General Commercial - Multiple
Family Dwelling)
EAST: Commercial GC-MD
SOUTH: Commercial GC-MD
WEST: Commercial GC-MD
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: Washington Boulevard - Secondary Arterial
with a 100 foot right-of-way and 54'
pavement width.
DRAINAGE: curb and gutter
WATER: 6” water line
SANITARY SEWER
SERVICE: 6" sanitary sewer line
PROPERTY OWNER
GARDEN OF GETHSEMANE NURSERY &
RODRIGUEZ RAMIO S & MAGDALENA
MCKINLEY MICHAEL L ET UX
COMEAUX JOSEPH P
COMEAUX JOSEPH P & ELLA
SPIVEY REMA JO
THOMAS ALEX JR
GARDEN OF GETHSEMANE NURSERY &
CHRIST FELLOWSHIP CHURCH INC