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HomeMy WebLinkAbout2228-P DATE: April 20, 2015 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a specific use permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization - Historic) District. FILE: 2228-P ___ STAFF REPORT The Planning staff recommends approval subject to the following conditions: 1. The applicant apply for and receive a special exception to parking requirements to require no off-street parking. 2. An eight foot Fence and approximately ten (10) foot landscaped buffer be constructed along the East property line. SSR Real Estate Investments L.L.C., has applied for a specific use permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization - Historic) District. The property is located at 2597 McFaddin Street. The property was previously used as a dentist office. Parking in the rear yard was accessed by permission of the neighbor to the West. Access by these means is no longer possible, and the property is not wide enough to accommodate a driveway in the side yard. For this reason, staff is recommending approval subject to the applicant receiving a special exception to allow no off-street parking. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 25 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the northwest 41' x 91' of Lot 12, Block 44, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.086 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or X X adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent X X property; and, 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with six of the eight conditions necessary for approval. Comments on Conditions 4 and 7 follow: 4. The applicant proposes to construct a driveway to existing parking in the rear yard. There is not sufficient room for a driveway in the side yard. Staff is recommending an application for a special exception to allow the use with no off-street parking. 7. An eight foot Fence and approximately ten (10) foot landscaped buffer be constructed along the East property line. Some areas will not allow for a ten (10) foot wide buffer, but staff recommends the buffer be installed where possible. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: SSR Real Estate Investments, L.L.C. PROPERTY OWNER: Tanir Ashrafi LOCATION: 2597 McFaddin Street EXISTING ZONING: RCR-H (Residential Conservation Revitalization - Historic) District PROPERTY SIZE: ~0.086 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RCR-H (Residential Conservation Revitalization - Historic) District EAST: Residential RCR-H SOUTH: Commercial RCR-H WEST: Commercial RCR-H COMPREHENSIVE PLAN: Stable Area STREETS: McFaddin Street: Major Arterial with 60’ right-of-way and 25’ pavement width. DRAINAGE: Curb and gutter WATER: 20” Water line SANITARY SEWER SERVICE: 6” Sanitary Sewer line PROPERTY OWNERS WITHIN 200 FEET BOTHE PAULA BOUTTE JUDY DANIALI SAEED & MAHNAZ DANIALI SAEED ET UX DURBIN NELL E GISSELBERG DAVID H & PATRICIA HERRERA J MANUEL MAYES SCOTT ETAL MJM REAL ESTATE & INVESTMENTS NEIREITER BROCK OLD TOWN INVESTORS PALERMO AUGUST J JR PHELAN ELEVEN B LLC 1% RAY 9 PROPERTIES LLC RECKART JOHN FRANK DONALD REYES ALBARRO & ANA I GARCIA RICHDEN GROUP LLC SBI BUILDING INC SMITH ROBERT LEE TIPTON KENNETH & VERA TORTORICE JAKE & MARY TORTORICE JAKE JR