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HomeMy WebLinkAbout447-BADATE: May 3, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request to grant a variance to the rear yard building setback regulations in a GC -MD (General Cornmercial-Multiple Family Dwelling) District. FILE: 447-BA STAFF REPORT Dr. Edward Ludwig proposes to build a new veterinary clinic on an irregular shaped tract of land on the west side of Major Drive 642.11 feet south of Dishman Road. The tract backs up to a I 10'wide DD#6 ditch. The doctor proposes to build two structures, the clinic and an animal ward. The ward will lie behind the clinic and will abut the ditch. He is requesting a variance to allow a 5rear yard setback instead of the 1 0'required. The actual ditch is lined with concrete, is 50'wide and has a 30'wide grass buffer on either side of the ditch. The Board is authorized to grant a variance if the applicant has shown that conditions A, B and C have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 6 Responses in Favor , Responses in Opposition PROPERTY DESCRIPTION Being a 0.6254 acre tract of land out of Tract 65 which is out of Tract 11, Tax Roll Plat RS- 4, A. Huston Survey, Ab-3,3, Beaumont, Jefferson County, Texas. EDWARD C. LUDWIG, D. V. K ELEVENTH STREET ANIMAL HOSPITAL 2570 NORTH lith STREET BEAUMONT, TEXAS 77703 Telephone 892-5018 Emergency No. 832-0293 04/16/01 I request a variance on the rear setback on the 0'.6254 tract of land out of A. Huston Survey, Abstract 33 located on North Major Drive. I request that the minimum rear setback be reduced from the current ten feet to a five feet setback. From the site plan and survey plot it is obvious that drainage ditch number 202-E with its 110 feet of Rptw. is the only property that could be affected by this variance. This drainage ditch with its 110 feet of Rpy already includes thirty feet of grass on both sides of the approximately fifty feet of concrete ditch. Also, the severe triangulation of the Northwest corner of this tract creates a large area of unusable land. Reducing the setback would enable me to use more of this corner. ' In summary I request this variance because I feel that a reduction in "the back setback requirement would not have a negative impact on the adjacent drainage ditch or on any other property behind the ditch. I therefore ask that the ten feet setback be reduced to a five feet setback. Thank You, Sincerely. Edward C. Ludwig VARIANCE SUPPLEMENTAL APPLICATION FORNI BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) 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 Ordinancc 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. Al j,1 4 too 9 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. 7—ke te V% vsa.%v (t . CONDITION C. That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Me, 't �,n VdLr &V%ce 16. 1 Tt;0;4 .1 JC 09 V V— I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signaturt:_ Date: I Nil FILE 447-DA: Request for a variance to the setback regulations for � rear yard NORTH setback of 51 instead of the required 10' in the GC -MD (General Commercial - Multiple Family Dwelling) district. A Location: N. Major Dr., A. Houston Survey, South of Dishman Rd. SCALE Applicant: Ed. C. Ludwig, DVM 111=2001 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Edward C. Ludwig PROPERTY OWNER: Nichols Development Company STATUS OF APPLICANT: Prospective buyer LOCATION: Major Drive, south of Dishman Road EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.6254 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant GC -MD EAST- Major Drive, church, India Cultural Center, offices GC -MD, SOUTH: DD06 ditch, vacant tract GC -MD WEST: DD#6 ditch, vacant tract GC -MD COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: None STREETS: Major Drive (FM - is a major arterial with a I 10' wide right-of-way and is a four lane highway. DRAINAGE: There is a storm sewer in an casement on the east side of Major Drive., Surface ditches on the west side. WATER: There are 6" and 24" water lines in the right- of-way. SANITARY SEWER There is a 54"' sanitary sewer lying along the SERVICE: east side of Major Drive. GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #9, 7010 Gladys Avenue. ADEQUACY OF SERVICE: Services are adequate.