HomeMy WebLinkAbout727-OB
DATE: June 18, 2012
TO: Planning Commission
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request to abandon a 1.8' x 55.4' portion of a 20'
wide utility easement adjacent to Highway 105
FILE: 727-OB
STAFF REPORT
The Planning Manager recommends approval.
In May, 2008, Linh Berryhill requested the abandonment of a 1.8' x
55.4' portion of a 20' wide utility easement adjacent to Highway
105. The property is located at 7310 Highway 105.
The Berryhills constructed a martial arts studio on the subject
property. Prior to construction of the 55' x 90' metal building, they
hired an engineer to perform site engineering and preliminary layout
of the building. Somehow layout stakes were accidently knocked over
or removed and replaced incorrectly prior to initial setup. The
building was setup, formed and concrete poured using these incorrect
stakes. A subsequent slab survey indicated the aforementioned
encroachment into the easement.
In addition to encroaching into the easement, the building also
encroaches 1.8' into the 20' front yard building setback. On May 1,
2008, the Board of Adjustment granted a variance to the front yard
building setback.
This item was sent to all interested parties. Entergy originally
objected to the requested abandonment. Because of that objection,
the Planning Commission tabled action on this item. Since that time,
Entergy has re-evaluated its objection and has now withdrawn it.
Entergy no longer has an issue with the abandonment.
Exhibits are attached.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 1.8' x 55.4' portion of the 20' utility easement that crosses
the south end of Tract 32B, Plat RS4, Abstract 17, W. B. Dyches
Survey, City of Beaumont, Jefferson County, Texas, containing 0.002
acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Linh Berryhill
PROPERTY OWNER: Same
LOCATION: 7310 Highway 105
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 1.0 acre, more or less
EXISTING LAND USES: Commercial building under
construction
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant RM-H (Residential Multiple Family
Dwelling-High Density) District
EAST: Vacant GC-MD (General Commercial-Multiple
Family Dwelling) District
SOUTH: Commercial GC-MD
WEST: Vacant GC-MD
COMPREHENSIVE PLAN: Commercial District Center
STREETS: Highway 105 - Major arterial
with a 100' wide right-of-way
with 4 lanes and a left turn lane
DRAINAGE: Curb and gutter
WATER: 8" water line
SANITARY SEWER
SERVICE: 10" sanitary sewer line