HomeMy WebLinkAbout2140-P
DATE: October 20, 2014
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: Consider a request for the revocation of a specific use permit to allow antique furniture
restoration in a RCR-H (Residential Conservation Revitalization - Historic) District.
FILE: 2140-P
STAFF REPORT
The Planning staff recommends approval of the revocation.
In August, 2012, the City Council approved a specific use permit to Mr. Rodney Cooley to allow antique
furniture restoration at 1801 North Street with the condition that he:
1. Replace the 6' tall wood screening fence missing along the west property line and install a 4' tall
wood screening fence or a 6' wide landscape bed along the west 26' of the north property line.
A recent inspection of the property showed that the condition had not been met. Mr. Cooley was notified
of the violation, but failed to bring the property into compliance. On September 30, 2014, a certified letter
was sent to Mr. Cooley notifying him of this impending hearing to revoke the specific use permit.
This property has been an issue for some time now. Beginning in early 2013, Mr. Cooley was notified
that he had not completed a Certificate of Occupancy. Since then charges have been filed for two separate
counts of failure to obtain a Certificate of Occupancy and comply with the specific use permit condition
as well as one count of furniture kept outside. To date, Mr. Cooley has refused to pay a fine or appear
before Municipal Court. Water records show that Mr. Cooley has never opened an account with the water
department, however he continues to place heavy trash at the curb for pick-up. The attached inspection
report shows the scope of work involved. Revocation of this specific use permit would be one additional
tool to obtain compliance for the specific use permit requirements.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 25 .
Responses in Favor . Responses in Opposition .
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
nd
Being the N 75' of Lot 12 and the N 75' of the E 25' of Lot 11, Block 22, McFaddin 2, City of
Beaumont, Jefferson County, Texas, containing 0.129 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
X
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
adjacent developments; X
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
property; and, X
8. That the proposed use is in accordance with the
Comprehensive Plan. X
ANALYSIS continued
This application is in conformance with seven of the eight conditions necessary for
approval. Comments on Conditions 1 and 7 follow:
1. The subject property was developed as a commercial property many years ago.
Immediately to the south is a commercial enterprise. To the northeast is another
vacant commercial building. The last use of the subject property was for the
same use. The proposed use of the property will not be detrimental to the
immediate vicinity.
7. The applicant requested a modification to the landscaping/screening requirements
along the west and north property lines. The Planning staff recommended the
missing part of the 6' fence along the west property line and a 4' tall fence or a 6'
wide landscape strip along the west 26' of the north property line be installed.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Rodney Cooley
PROPERTY OWNER: Henry Pressler
LOCATION: 1801 North
EXISTING ZONING: RCR-H (Residential Conservation and
Revitalization-H) District
PROPERTY SIZE: 0.129 acres, more or less
EXISTING LAND USES: Vacant commercial building
FLOOD HAZARD ZONE: “X” - Areas determined to be outside
500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential RCR-H (Residential Conservation and Revitalization-H)
District
EAST: Commercial, residential RCR-H
SOUTH: Commercial RCR-H
WEST: Apartments RCR-H
COMPREHENSIVE PLAN: Conservation and Revitalization
GENERAL INFORMATION/PUBLIC UTILITIES continued
STREETS: North Street - Major collector with a 60'
wide right-of-way and a 27' pavement
width; Second Street - Local street with a
60' wide right-of-way and a 27' pavement
width
DRAINAGE: Curb and gutter
WATER: 2", 8" and 30" water lines
SANITARY SEWER
SERVICE: 6" sanitary sewer line
PROPERTY OWNERS
BETH FRED (CD)
BLOCK MELVIN
CHEM PROD CO INC
CITY OF BEAUMONT
COMO WILFRED JR
CRAZY PROPERTIES INC
FUTCH DONALD
GRANSON STANLEY L & DELPHINE
HYSLOP ROBERT JR & KATHE
IGLESIAS FELIPE C & SOCORRO B
JOHNSON HERMAN J
JONES GERALDINE
MAGDALENO ENRIQUE
MATTHEWS PANSY
MJ3 LTD
MOAK T W SR
MURRAY JOHN H
PRESSLER HENRY C
QUINTANA JOSEFINA