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Home My WebLink About429-BADATE: August 5,1999 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance flom the setback regulations of Section 30-25 B. 3, Area and Height Regulations for Industrial Districts, allowed under Section 30-37 (e) 3., Variances. The variance request is from the required 25 feet to 10 feet. FILE: 429-BA The St. Anthony Cathedral School plans to build a 75'x 135'(10, 125 sq. ft.) building to be used as a gym, fine arts and assembly facility for the children who attend the school. The school presently fi-onts on Forsythe Street between Archie and Jefferson. This is north of and across the street from the Cathedral, The school plans that the main entrance to the gym will be fi-one a proposed circular driveway from Forsythe south of the gym. The church owns Lots I and 2, Block 14, Van Wormer Addition that front Forsythe. The subject Lots 11 and 12 fi-ont on Fannin. The church also owns Lots 6 through 12. They have not yet acquired Lots 3, 4 and 5. The Zoning Ordinance requires a setback of 25 feet on street fi-ontages in a Light Industrial District. The church is requesting 10 foot setbacks along Archie and Fannin. The applicant has the burden of proof to demonstrate compliance with Conditions A, B and C. Exhibits are attached. Notices mailed to property owners 7. Responses in Favor -. Responses in Opposition PPLEMENTAL 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 prohibited, 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 thegranting of the variance will not be contrary to the public interest, See attached letter 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. See attached letter CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. See attached letter I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE, Applicant's signature: Date: STEVENS, BALDO & FREEMAN A REGISTERED LIK41TED LIABILITY PARTNERSHIP NICHOLAS S. BALOO, P C. PARTNER POST OFFICE BOX 4950 BEAUMONT, TEXAS 77704 Board of Adjustment Planning Division, Room 205 City Hall, 801 Main Street P. O. Box 3827 77704 Beaumont, Texas 77701 ATTORNEYS AT LAW 550 TANNIN, SUITE 400 BEAUMONT. TEXAS 77701 TELEPHONE: (409) 835-5200 FACSIMILE: (409) 838-563B e-mail: baido@sbf-law.com July 14, 1999 HOUSTON OFFICE:' 1980 POST OAK BWO., SUITE 1550 HOUSTON, TEXAS 77056 TELEPHONE: (713),961-1520 FACSIMILE: (713)961-1556 Re: Application for Variance Set Back Distance - Construction of St. Anthony School Physical Education, Health, Fine Arts and Assembly Facility Block 14, Van Wormer Addition Dear Board Members: I am submitting this, letter on behalf of St. Anthony Cathedral as the Variance Supplemental Application Form (Codes Section 30-37 E.3). St. Anthony Cathedral School requests the granting of a variance to construct a school Physical Education, Health, Fine Arts and Assembly facility (hereinafter "facility") ten (10) feet from its property line on Fannin and Archie streets rather than twenty-five (25) feet as currently required by the City of Beaumont ordinances, This letter will outline the facts showing St. Anthony Cathedral has met the burden of proof to demonstrate that all conditions necessary for a variance have been met. The primary reason this variance is being sought is for the safety of the school children and other citizens of Beaumont who will use the facility. The current proposal for the facility would place the main entrance facing Forsythe Street. Forsythe Street traverses through the center of the Cathedral complex and dead -ends one block west of the Cathedral property. The entrance to the school also faces Forsythe Street and the street is already designated as a school safety zone in this area. By having all main entrances of the school complex on the same low - traffic volume street, the safety of the children and other uses of the facility will be substantially increased. If this variance is not granted, the entrance of the facility will have to be rotated 90 * to face either Holmes or Archie Streets, Fannin Street, rather than Forsythe Street, would then be Board of Adjustment July 14, 1999 Page 2 the main access route to the facility. Fannin Street is a major thoroughfare in downtown Beaumont that intersects with Martin Luther King Parkway, In the vicinity of the school property, Fannin Street is a business/industrial district that includes Lease All, White's Blue Print, Becks Printing and Lammons Bolt and Gasket. Rotating the entrance of the facility would require the use of Fannin Street with its much higher volume of traffic, especially commercial truck traffic. This raises serious safety concerns. School children and others being dropped off and picked up at the facility would be at a much higher risk if the access was on high -volume Fannin Street versus low -volume Forsythe Street. In addition, by placing the entrance on Forsythe Street, the facility would have convenient access of two existing church parking areas located on Lots 9 through 12 in Block 11 of the Van Wormer addition. Safety is paramount to the public interest and the granting of this variance will promote the public interest. WGUMM nw" The shape of property where the facility is to be built is irregular and presents a unique condition for the placement of the facility. St Anthony Cathedral owns all of Block 14 of the Van Wormer addition with the exception of Lots 3, 4 and 5. See attached as Exhibit "N' plot plan of Block 14 and the facility. The current proposal includes a circular driveway off of Forsythe Street through lots I & 2 leading to the canopy entrance of the facility. In addition, athletic fields are planned for lots 7 through 10. The literal enforcement of the ordinance will create an unnecessary hardship since it would require traffic access for the facility to be changed to Fannin Street rather than Forsythe Street. Because the property owned by St. Anthony Cathedral is an irregular configuration (since lots 3, 4 and 5 are owned by others) the twenty-five (25) foot set -back requirement cannot be met with an entrance facing Forsythe Street, WM The St. Anthony Cathedral complex is located in a well -established section of downtown Beaumont. None of the existing businesses in the vicinity meet the twenty-five (25) foot setback requirement. Some of the buildings actually appear to abut their property line. The requested variance would have a ten (10) foot setback off the Fannin Street property line and a ten (10) foot setback off the Archie Street property line. Granting the variance would promote public safety and does not violate the spirit of the ordinance since the proposed setbacks for the facility would be greater than the setbacks for the existing structures in the vicinity of the facility. .3W"1rRJT4 M, ..too, St. Anthony's Cathedral School has operated for 104 years. Over the years it has served the culturally diverse children of our city, and the student population is growing at the rate of 50 Board of Adjustment July 14, 1999 Page 3 children per year. St. Anthony Cathedral School is the only school in downtown Beaumont and is committed to the continued revitalization of downtown. With the new facility, as well as the recent purchase of the Atlanta Life Building at 790 Forsythe Street which will be renovated as an Early Childhood Education Center, St. Anthony's is continuing to develop its impressive complex to enhance the revitalization of downtown Beaumont. The St. Anthony complex looks forward to continuing to be a positive influence for downtown and all of Beaumont, The granting of the variance will allow the entrance to the facility to face Forsythe Street which will result in minimum public annoyance and maximum public safety. For the foregoing reasons, St. Anthony Cathedral respectfully requests that the Board of Adjustment approve its application for variance and for such other relief as it may show itself entitled. If you have any questions or need additional information prior to your decision, do not hesitate to contact me on behalf of St. Anthony Cathedral. Sincerely, cholas S. Baldo "W, �m 4=_up FILE 422-BA: Request for a Variance to the twenty -rive (25) foot building setback to NORTH allow a school facility to build ten (10) feet from the property line. Location: SW corner of Fannin and Archie A Applicant: Father Jeremiah J. McGrath SCALE P=200' \N 6C IN Wo CA, �ent,8y: Fabricon Inc,; 409 842 0132; Jul;6-99 11 1'AM; Page 1/1 el AA I I I I I I 10 I �� I 12 I I I I I 1SETDMX I I i� 1� t ! 11 °�,ROME I 1 I I d APPLICANT: Father Jeremiah J. McGrath PROPERTY 01?4iNEI3: Bishop Joseph A. Galante STATUS OF . Pastor L OCATION: Southwest corner of Fannin Street and. Archie Avenue LEGAL. DESCRIPTION: Lots I l and 12, Bloch 14, Van 'Wormer Addition EXISTING ZONING: LI (Light Industrial) District PROPERTY SIZE: 0.344 acres EXISTING LAND IISES: Vacant lots FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND I ISES: NORTH: Heavy commercial S TRROI TNDING ZONINI�: LI (Light Industrial) District EAST: School grounds LI SOUTH: Vacant school property RCR (Residential Conservation and Revitalization) WEST: Vacant school property LI C'OMPREHENSIVF. PLAN: CBD (Central Business District) OTHER, PHYSICAL The school has been in operation for 104 FEATURES: years. STREETS: Archie Aenu, is a 60' wide street right-of- way with an 18' wide pavement. Eannin Scree is a 61' right-of-way with a 40" pavement. It is a collector street from Main Street to Archie. DRAINAGE: There is a 42"' storm sewer in. Archie and ditches in Fannin. 1"D191DRAIN191111) NORIN 1119mali"J" [sill V Iffivu IWT M, There is a 2" water line in Archie and a 6" line in Fannin. There is a 42" sanitary sewer in Archie and a 12" in Fannin. Fire protection is provided by Station ffl, 747 College, Existing services are adequate,