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HomeMy WebLinkAbout439-BADATE: May 4,2000 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 10 foot exterior side yard requirements of Chapter 30- 25 B. 2 to allow a 5.4 foot side yard in a GC -MD (General Commercial -Multiple Family Dwelling) District on a comer lot. FILE: 439-BA ki I ". 01 W0 The applicant, Darryl Landers, wishes to purchase a 0.518 acre tract located at the northwest corner of Tram Road and Old Voth Road. Mr. Landers operates the "Squeaky Clean Car Washes" in Beaumont and will construct a new eight bay car wash at this site. The property is zoned GC -MD and was the site of a car wash several years ago. The old car wash structures were torn down leaving the tract completely paved with concrete. An existing car wash bay remains situated 5.4 feet from the Tram Road right-of-way. This commercial property was developed prior to 1981, when building setbacks for commercial structures were first regulated by ordinance. This area was annexed into the city in 1957 and original zoning in 1964 was C-2, Central Commercial, Mr. Landers wishes to preserve the existing concrete wash bay because it already contains the necessary plumbing for a wash bay. He will add seven more wash bays and two drying sheds. The existing bay situated 5A feet from the property line on Tram lies 24 feet from the actual street pavement. Tram is a secondary arterial and Old Voth Road is a major collector. The applicant must demonstrate to the Board that his application for a variance of 4.6 feet is in compliance with Conditions A, B and C. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 7 Responses in Favor . Responses in Opposition PROPERTY DESCRIPTION A 0.518 acre tract out of Tax Tract 79, Plat RS-4, W. B. Dyches Survey, Ab- 17, Beaumont, Jefferson County, Texas, lying at the northwest comer of Tram Road and Old Voth Road. File 439-BA; Request for a variance to the regulations of the zoning ordinance to allow NORTH a 5.4 foot setback on the exterior side of the property on Tram Road. Location: Corner of Tram and Voth Road A& Applicant: Darryl Landers SCALE I 1#1=2009 rrr 00 a VARIANCE SUPPLEMENTAL APPLICATION FORM 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 proh�ibit6d, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance 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. See Aff o c k mu—t 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. Se-e A mexf k% A 01 CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial Justice will be done. %% L, CJ4 M %J A I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. ' A Applicant's signature: /Aa Id Ad, 144, Date: —zoo 0 Attachment `cA►" Darryl Landers Squeaky Clean Car Washes 7695 Calder Beaumont, Tx. 77706 409-860-3800 April 13, 2000 Planning Division, Room 205 City Hall, 801 Main Street Beaumont, Texas 77701 P.O. Box 3827 77704 Dear Board of Adjustment APR 1 -4 2001 I am currently under contract to buy the piece of property described by metes and bounds description included as Attachment "B", This is a little more than a halfacre tract located at the comer of Tram and Voth Road. See Attachment "C". For more than 25 years there has been a small 4 bay self-service (wand type) carwash on this comer. The current owner of the property recently decided to tear down the carwash as the building was getting in bad repair. The original owner Clan Obannion died and the property is now in the control of the Obannion Family Limited Partnership who has put it on the market. When the property was tom down none of the driveway slabs or existing carwash stab were disturbed. I would like to put up a new carwash building on the existing slab and also add another equipment room and 4 more self -serve bays. I have included a plot plan of the proposed wash and car drying facility as Attachments "Y' and "F'. 'The new carwash faces Voth Road as did the old carwash. According to the current codes the southern most tip of the carwash slab does not meet the current setback requirement of 10 feet. We fall 4 feet and 7 inches shy of the requirement, which is, why we are asking for a variance. Self-service carwash bays are and have been for many years 16 feet in width. If we were to try to move the wall over by 4 feet and 7 inches the whole bay would become useless for washing cars as it would be too narrow. This would necessitate losing the whole bay. We feel that this bay was operational for many years with no documented or undocumented problems we could find and that it poses no threat to the public interest or safety. As a matter of fact the actual roadbed of Tram Road is about 24 feet from the property line. Three average sized cars can be parked side by side between Tram Road and our property line. Therefore it is plenty open and offers no fire hazards. It offers no visibility hazards as regards traffic visibility entering Tram Road from Voth Road because you can see down Tram Road to the west until the road goes out of sight. We feel that these considerations embody the spirit of the ordinance. In considering not to grant the variance the carwash can still be built. Some of the downsides of this action are: 1. The slab will have to be broken up and hauled away creating approximately 10 yards of refuse to be eliminated at the local landfill, 2. The estimated property value of approximately $400,000.00 will be reduced to about $350,000.00. 3. The income earning potential of the property will be reduced by $14000.00 to $18000.00 a year. 4. Having seven bays instead of eight will increase the traffic in our handicap bay, which to our knowledge is the only handicap bay in Southeast Texas. Our goal is to restrict use of this bay for handicap individuals unless all other bays are currently in use. Attachment "A" continued S. Carwashes, contrary to some people beliefs, are water conserving places and use far less water to wash a car than home driveway washing. All the grit trap wastes (dirt off peoples cars) is manifested and hauled to special facilities as provided by state and local laws. When people wash at homes the runoff from washing cars goes to the storm drain and then directly to our creeks and rivers thus polluting them with chemicals that may not be biodegradable. By having more bays we will be able to cut down on wait time thus encouraging people not to get tired of waiting and go home to wash their car. 6. The lighting from our carwash end bay will light up Tram Road and contribute to safer driving conditions at night. Our carwash lights are on from before sunset to after sunrise every day of the year. Our lighting is state of the art and will light up a large area surrounding the car wash. 7, The appearance of the building will be somewhat unbalanced without this bay. Thank you for your time and consideration. Respectfully submitted, Attachment "B" �ORTECH March 28, 2000 Land. Surveyors, Inc. Surveyor's Field Note Description: Richard L. worthey, R.P.L.S. J.L. Sims, Jr., R.P.L.S. Being a 0.518 acre tract of land out of and a part of a called 1.77 acre tract (Tract 79), more fully described and recorded in Clerk's File 9630455 of the Official Public Records of Jefferson County. Said 0.518 acre tract of land being situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod with cap set at the Southeast corner of said 1.77 acre tract and being at the intmiection, of the 'West right-of-way line of Old Voth Road and the North right-of-way line of Tram Road; THENCE North 77 deg. 38 ruin. 00 sec. West along and with the South line of said 1.77 acre tract, same being the North right -of --way line of said Tram Road, a distance of. 154.74 feet to a cotton spindle set for corner; THENCE North 08 deg. 21 min. 45 see. Bast, a distance of 62.93 feet to an " X " set in concrete for corner, THENCE North 08 deg. 39 main. 58 sec. West, a distance of 82.66 feet to 5/8 inch rod. with cap set for corner; THENCE North 81 deg. 20 nun. 02 we., East, a distance of 126.0 feet to a cotton spindle set in the East line of said 1.77 acre tract, same being the 'West right-of-way line of said Old Voth Road; THENCE South 08 deg. 39 min. 58 see. last, along and with the East line of said 1.77 acre tract, same being the West right-of-way line of said Old 'Voth Road, a distance of 198.36 feet to the PLACE OF BEGMM , containing 0.518 acres, more or less. (This description is based upon a survey made on the ground under my direct supervision on March 27, 2000 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the South line of said 1.77 acre tract, being North 77 deg. 38 min. 00 see. West.) _ ). L. 5lmS, )R. R istered Professional L n urveyor9 -J45 SUR� 1520 S. Major Drive, Suite H Beaumont, Texas 77707 * Tel: (409) 866-9769 * Fax: (409) 866-7075 Attachment "C" lip SITE 2K-035 JOB no FIELD BOOK: 534/45 DR. BY: RKF DATE: 03/23/00 SCALE: 1*.30, ORTECH Loind Surveyors, Inc. . 761520 S. Wojor Dr., Suite H 8*aurnont, Toro. 77707 (409) 866-9769 ro. (409) 866- 7015 C SM PLAN for Darrell Landers Showing a 0.518 Acre Tract of Land Out of and a part of W.B. Dyches Survey. Abstract 17 Beaumont, Jefferson County, Texas Attachment "D11 z � is 4 r .60. z 4 M 4a r rn sAa 0 M m rn CA r _ < Z W � r*i r 0 Z —pi 11--0" 2'_0„ SEE i lM �Z rp M., i— F M - t5'•?i" IS"•�D' (A SWET TITLE ELEVATIONS r NEW WASH CONSTRUCTION/�p�J rn AR @ASI1.. q/C(''gAR�J � /ROJEC'T ifiLE V IJTf 1 lt.UAU BEALAMT. f[iA5 CD C A-� R Mif H J H O f"- Er R H T I L_.J I �Z S C 4...1 • INC. � �j 7695 CALDER BEAPNENIAa am AifOG z �.. Z. I r N � A" N C7 E� Attachinent "E" fll gFtYING 1 sv4eo AL. ED 14 CPA, )Z Im 0LJ) Vo !F C3 m C, LLL I I I ILA SHEET TITLE SITE PLAN NEW CAR WASH CONSTRUCTION MCUECT TITLE VOTH ROAD - CARWASH 8EAU"T. TEXAS CARWASH OPERATIONS CO. INC. 7695 CALDER BEAIAW.-FEXAS IMS GENERAL INFGRIVIATIONIPUBLIC UTILITIES STATUS OF APPLICANT: LOCATION: 1;1160 W v EMS—TING20NING: PRQP—ERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZQNE: S—URROLIDI—NG LAND USES: NORTH: Apartment house, one-story EAST: Voth Rd., Chevron s(n./McDonald's/ Poochie's Food Store, I bay car wash SOUTH: Tram Rd., storage warehouse, Fina stn, washateria. WEST: Flea market, retail sales COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: Darryl Landers O'Bannion Family Ltd. Pat tnership Prospective buyer Northwest corner of Tram Road and Old Voth Road Part of Tax Roll Tract No, 79, Plat RS-4, W. B. Dyches Survey, Ab-17 GC -MD (General Commercial -Multiple Family Dwelling) District 0.518 acres Vacant commercial building, concrete slabs and concrete parking area, "C" - Minimal flood hazard zone SIMOUNRI—NG ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District GC -MD GC -MD GC -MD Neighborhood Growth Unit adjacent and west of Activity Corridor (Eastex Freeway) Prior use at this site was a small coin operated car wash. STREETS: Tram Road is a secondary arterial (suburban), 100'right-of-way, 24" pavement. QJd Voth Road is a major collector (suburban), 60' right-of-way, 18'pavement. GENERAL INFORMATION/PUBLIC UTILITIES continued HNI -19M, 104 SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Open ditches, culverts 6" water lines in Tram, 16" in Old Voth Road 8" sanitary sewer in Tram, 10" in Old Voth Road Fire protection is provided by Station #14, 8250 Old Voth Road @ Chinn Lane. Existing services are adequate.