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HomeMy WebLinkAbout435-BADATE: March 2, 2000 TO: Board of Adjustment FROM: Stephen C. Richardson, Planiiing Manager SUBJECT: Request for a special exception to allow a 2' front yard building setback instead of the original 20' for an addition to a professional office building at 1150 N. Eleventh Street. FILE: 435-BA STAFF' REPORT At the hearing held on February 3, 2000, the Board voted 3:2 on a motion to approve. The request was denied due to a lack of 4 votes in the affirmative. On February 14, 2000, the Board held a special meeting to consider - at the request of Board Member Jowers - whether - or not to hold another hearing. The Board voted 4: 1 to reschedule another hearing on March 2, 200�0. Additional information on the location of utilities is included on the attached site plan. The applicant wishes to make a 3 5' x 3 5' one-story addition to the southwest comer of the existing one-story 5433 square foot office building at 1150 N. Eleventh Street The addition will contain 1224 square feet. The setback proposed will be 2' from the front property line instead of the 20' as required by ordinance. A special exception from the fi-ont yard requirement may be granted under Section 30-37 E. 2. (b. 3.) where existing front yard setbacks of the various lots in the same block are not uniform. The applicant has submitted several examples of structures along Eleventh Street not having uniform setbacks. However, all of his examples are measured Rom the street curb line and not from front property lines. In addition, examples fi-om four of the eight properties exhibited in the 700 and 800 blocks are not valid. The Board must make a finding that the exception will not adversely affect the value and use of adjacent or neighboring property. The Board must also determine that the exception is not contrary to the best public interest. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 21 Responses in Favor 14 . Responses in Opposition 0 5,9 FuNcHEss, Almm, WHITE & CO, Peco CERTIFIED PuBLic AccouNTANTs * BuswEss Am) TAX CoNsuLTANTs January 7, 2000 Board of Adjustment Planning Division, Room 205 City Hall, 801 Main Street P.O. Box 3827 Beaumont, Texas 77704 Dear Board Members: [JANII 2000 LARRY L. MILLS, CPA DAvID E. WHITE, CPA TERRY S. WHIDDON, CPA SANDRA L. NusoN, CPA Wm. Kmvi KELLEY, CPA CHUCK OAKLEY, CPA KATHRYN J. WARREN, CPA PATTI: R. MITCHELL, CPA TRACY S. MILLS, CPA KIM PENNY, CPA H. B. FuNcHESS 111, CPA (1932-1995) Oh behalf of Funchess, Mills, White & Co., PC, I hereby submit the enclosed Board of Adjustment Application Form for a Special Exception in connection with the proposed addition to our office building located at 1150 N. Eleventh Street. In the way of background information, our firm is a CPA firm serving a lhrge clientele of businesses and individuals in Beaumont and surrounding communities. We presently employ approximately 25 employees with a total annual payroll of approximately $1,150,000. Within the next twelve months we plan to add several additional employees. Our building as it presently exists is at maximum capacity. Since the building was originally constructed in 1976 we have made two additions to the north end of the building. We do not have sufficient land to expand to the north, south or east end of our existing building. Accordingly, we plan on adding approximately 1,224 square feet of additional space to the west side of our building. This addition would extend from the northern most end of our building toward Eleventh Street and would result in the final configuration of the building being an "L" shape. We have had Mr. Dohn LaBiche of Steinman & Associates Architects, Inc. prepare a preliminary plan of the addition. A copy of the proposed plan identified as Sheets #A- I and A-2 planned, are attached. Mr. LaBiche has informed us that, as presently the addition would not be in accordance with existing front yard setback guidelines. We hereby request an exception be granted for our addition. There are numerous businesses in our block and in adjoining blocks which have setbacks which are closer to the Eleventh Street curb than our addition would be. We have attached photographs of existing properties in our area with the applicable existing setback noted for each property. If our proposed addition is approved and completed the setback would be approximately 32 feet from the Eleventh Street curb. The area between the new addition and the Eleventh Street curb will be professionally landscaped and will not be paved. Since our setback will be inline or further back than the businesses on each side of us there will be no obstruction of view. As a personal note, I would like to point out that I am a resident of "Old Town" residing at 2595 Ashley which is one block east of our building. As a resident of "Old Town" I am concerned with additions and structures which form the perimeter of "Old Town." I feel that the design and landscaping of our building is compatible with the area. 115,0 NORTH ELEVENTH STREET 0 BEAumoNT, TEXAS 77702-1207 409-838-3755 * 1-888-FMW-CPAS (369-2727) , FAX 409-838-1491 0 www.fmwcpas.com Board of Adjustment January 7, 2000 Page 2 Should we not be allowed to complete our addition, our only alternative would be to try and sale the property and relocate to another area. Since our existing building is, debt free we would not look forward to such an alternative. We of course, would not be able to control the future use, maintenance or appearance of our existing property with its close proximity to "Old Town." We respectfully request that, after proper consideration, this exception be approved so that our firm can continue to grow and at the same time maintain a professional appearance to this important part of Beaumont. Very truly yours, FUNCHESS, MILLS, WHITE & CO,., PC )6w�f Larry L. Mills, CPA cc: Dr, Lulu Smith, City Council Member C SPEC EXCEPTION SUPPLEMENTAL APPLICATION FORM CITY OF BEALTA40NT (CODES SEC17ON 30-37 K.) 1. 1NDICATE WHICH SPECIAL EXCE 17ON IS BEING REQUESTED: (a.) To reconstruct, extend or enlarge a building occupied by a nonconfornting use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the pmperry to a conforming use. (b.1) An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same black do not meet the rear yard requirements of these regulations. (b,2) A yard ex cc on corner lots. (b.3) Z An exception where the existing front yard wetbacks of the various lots in the same black are not uniform, spa that any one of the +cgristing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. (b.4) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effectin date of this Chapter dudes locating a sign in compliance .with the setback regulation, (b.5) An exception from a minimum interior side yard setback requirement for owner Identifications signs for existing businesses which were developed prior to April 1,. 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sigh, building, or outdoor display ores. (b.6) An exception from the minimum side yard setback requirement where a ' - - nonconforming building was in existence at the time of the passage of this ordinance. t (c.) To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies, (d.) To grant an exception for ten (10) additional feet in height for an advertising sigh., when in the Board's judgement, the sign at a lower height will block an existing sign or structure from view or itself be blocked from view. 2. SUBMIT A LETTER EXPLAINING WHY THE GRANTING OF THIS SPECIAL EXCEPTION BY THE BOARD OF ADJUSTMENT WILL NOT ADVERSELY AFFECT THE VALUE AND USE. OF ADJACENT OR NEIGHBORING PROPERTIES OR BE CONTRARY TO THE PUBLIC INTEREST. The applicant has the burden of proof" FUNCHESS, MILLS, WHITE & CO., PC 1150 N. ELEVENTH STREET SETBACK OF PROPERTIES IN THE SAME AND ADJOINING BLOCKS Property Address Description 1135 N. Eleventh Chula Vista Me-vican Restaurant The original building had a setback of 67 feet. Since Funchess, Mills, White & Co., PC has been at its present location an addition was made to the front of the building to its present setback 2 1125 N. Eleventh Castle Motel This property is located directly across the street from the proposed addition 3 1110 N. Eleventh Conoco Food Mart This property is located next door on the south side of Funchess, Mills, White & Co., PC; the setback is measured from the curb to the pump island 4 1220 N. Eleventh TNT Motors This property is located next door on the north side of Funchess, Mills, White & Co., PC; the setback is measured from the curb to the company's enclosed car lot 5 890 N. Eleventh Barnett Motors This property was formally a service station; it was recently converted to a used car lot; the setback is measured from the curb to the company's enclosed car lot 6 820 N. Eleventh McManus Lai - tip Lighter - 7 Unnumbered Former Restaurant (Between 710 & This building has been vacant for a number 820 N. Eleventh) of years and is currently being remodeled 8 710 N. Eleventh Law Op" tees This office building was constructed by former Mayor Maury Myers and was formally Accurate Business Machines Setback from Curb 20 feet 37 feet 24 feet 31 feet 11 feet 25 feet 6 inches 30 feet 20 feet 6 inches I �. � i n 1 r •• ,u � r r r r File 435-BA: Request for a special exception to the regulations of the zoning ordinance NOR' to allow a two foot setback on the west side of his property on 11th Street. L"ationt 1150 forth 11th Street Applicant: Larry Mills ofFunchess, Mills, White and Company SCALE 111,2001 '� • �• � r � s s A e e � �+�/ ►, � � � - a �r , # �./,/^gyp 1 ��..+ L ,✓ 4 ' 0 OD �* -" .. C ar w +r +r to eo r+ to 44 r k .. �74 W r j A a. r s Q, AM GLADYS AVE. 75 :e rr ,f ra rt � Of , to I to er 1 ty LiA1rN L4i 17./C) _NrCCA1M5 ff\nSrA ff fA .. i SUBJECT .�" T,N.T. MCTORS ! e T al " L a! Or A 7, - 277 163 — —_ 110 ...r4—. f. door t S1 L � � C 5 C� VAwJ� l Y�,G. I EV'ALO ra NAVE. I !i 71 if ff IC f i io �M d• U � (�CiEL l r '� � afia n DR �yr'f �� CLEANERS 5614 7 a..� 0 a rr 3 y ry i� GCw1b Ndf�9ISC?N � Vf: J ♦ a'"R s"' r t 4 � i74 70 rI +r 17 As of ra rr rr rJ ew ' ra rr rr rr It " sr8 so Ia " r N 1 r LONG AVE, r 7d 067,so r• er rs � rr as s • r • s • ' r N t � , � W ' C LN rr AP Is ea rr 1'r Is if es to er er p + !p d7E! am - _ - 7ww,1 MENOMONEE"= 0 0 z 0 0 Cl 0 06 z w �: m c6' CD z CO 5 c6 LA uU)i T., z U.", I I a Qx 0 0 0 0 0, R M ice) ZZZZZW 94, a, ml '08 GENERAL 1—NE-1 ORMATIONIPUBLIC UTILITIES APPLICANT: PROPERTY OWNE : STATUS OF APPLTCANT: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: PROPERTY SIZE: Larry Mills Funchess, Mills, White & Co. Owner 1150 N. Eleventh Street Lots 13, 14 and 15, Block 57, Averill Addition to the City of Beaumont, Jefferson County, Texas GC -MD (General Commercial -Multiple Family Dwelling) District EXISTING LAND USES: Office building, parking lots, lawn FLOOD HAZ W ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: T. N. T. Motors GC -MD (General Coniniercial-Multiple Family Dwelling) EAST: Residences RS (Residential Single Family Dwelling) District SOUTH: Conoco station GC -MD WEST: I I th Street, dry cleaners, Castle Motel, GC -MD Chula Vista COMPEEHEN&IVE PLAN: Conservation and Revitalization OTHER PHYSICAL EA: None STREETS: N. Eleventh Street - a major arterial street with an 80' to 120' right-of-way with a 56' wide pavement. DRAINAGE: WATER: 24"' storm sewer in Eleventh Street. There is an 8" water line in Eleventh Street. GENERAL III FORMATIONITPUBLIC UTILITIES continued SANITARY SEWED SERVIC : FIRE PROTECTIO : ATE QILACLY—OF SERVICE: There is a 6" sanitary sewer in Eleventh Street. Subject site is served from rear of lot, Fire protection is provided by Station V, 170O McFaddin. Services are adequate.