HomeMy WebLinkAbout376-BADATE: October 5, 1995
TO: Board of Adjustment
F. Stephen C. Richardson, Planning Director
SUBJECT: Consider a variance request to reduce the building setback requirements for
two proposed buildings, located in the Light Industrial zoning district.
The Planning Director recommends approval of a variance of the 25' building setback
requirement to allow the two buildings to be placed along the north and south
property lines as requested. The application meets conditions A, B and C as
required by the ordinance. The Planning Director recommends denial of a variance
of the 5' building setback on the west property line. The site plan shows the building
1' off the property line. A 5' setback from the west property line for the 24' x 24'
building ought to be maintained for future building separation should the vacant
neighboring tract be developed. A frame residence was recently removed from that
tract.
The applicant has acquired a small tract located in the LI district requirements. The
triangular shaped parcel of land is sandwiched between the Cardinal Drive service
road and a gravel surfaced portion of Florida Avenue. This part of Florida lies on
the south side of the highway.
The applicant wishes to construct two small buildings on the tract for the purpose of
conducting a vocational school for industrial welding instruction. One building (24'
x 24') will be used as a classroom and the other (48' x 30') for practical hands-on
training.
The LI district requires 25' building setbacks along any abutting public right-of-way.
Because his property abuts two streets, is triangular in shape and is traversed by
pipelines, he cannot meet the setbacks.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices Mailed to Property Owners: 6
Responses in Favor: 1 Responses in Opposition:
i « Q RT ff ky, I f R I
The Board of Adjustment 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.
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 property owner's own actions.
CONDITION C: That by granting the variance, the spirit of the ordinance will be
observed and substantial justice will be done.
ANALYSIS
A) Granting the two 25' setback variances for each structure will be in the public
interest. The applicant proposes to position the two buildings on the triangular
shaped tract in the most practical way possible. The industrial tract is the parcel
remaining after the majority of the tract was taken for Cardinal Drive right-of-way.
The variance will allow a permitted land use on the vacant tract.
B) Literal enforcement of the Ll district building setback requirement along street rights -
of -way would result in an unnecessary hardship on the owner.The tract is 79.81' at
its widest point and narrows to 22.00' on the easternmost side. The tract also has
multiple Mobil Oil gas and oil pipelines bisecting the property from the southeast to
the northwest. The owner cannot place a structure across these pipelines. The Ll
district regulations (See. 30-25 B.3) require a 25' setback along the Florida Ave.
(unpaved) right-of-way as well as 25' off the highway service road. These setbacks,
if imposed on the tract, would prevent the owner from opening his school. Side yard
setbacks in the district are 5'.
C) Granting the variance of the 25' setback requirement will provide justice to the
,applicant, allow a viable and productive use for the vacant land and do no harm to
the spirit of the ordinance. The regulations already allow structures and buildings in
the industrial districts to expand to the property lines as a right if a development
existed on the land at the time of the adoption of the ordinance in 1981.
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File 376-BA: Request for a variance from the building
setback.acsetback.in requirements for property located the LI NORTH
(Light Industrial) District. A& :,,?)
LOCATION: Florida Ave @ Hwy. 69, 96, & 287 SCALE
APPLICANT: Gary F. Strahan and Kyle G. Strahan 1/200
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Project No.:-9506-1-6(1
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1,"NUNEF"RING AND SURVEYING, INC.
5925 Phelan Boulevard, Suite 1-2
Beaumont, Texas 77706
My father and I would like a variance to build on the stated property at
old Florida Ave. and Cardinal Drive. Due to the shape, size and narrowness
of the property, the current city ordinance creates an unnecessary hardship,
We could construct a small building on the far west end, however, there are
petroleum pipelines located directly under this section of land, We wish to
build a family business that will provide a service to the public while
observing the spirit of the city ordinance. ,
The land was inherited and the city has previously acquired a major
portion of the property as roadway easements, leaving a small and irregular
shaped lot. We are currently paying taxes on the property but are unable to
use it for any purpose.
Your fair and reasonable consideration for this variance will be greatly
appreciated.
Sincerely,
G�al. Strahan and Kyle G, Strahan
376-3(A
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VARLANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37
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. Separate sheets may be attached. (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 the granting of the variance will not be contrary to the public interest.
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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.
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CONDITION Q That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
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I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS
THE CONDITIONS STATED ABOVE.
Applicant's signature:
,Date:
GENERAL RIEO-RMATION/PUBLIC,UTILITIES
ImMaRNAMIM 8,
Gary E. & Kyle G. Strahan
Gary E. & Kyle G. Strahan
LOCATION: Cardinal Drive (U.S. Highway 69, 96 &
287) @ Florida Avenue (south side of the
highway)
EXISTING ZONING: LI (Light Industrial)
PROPERTY SIZE: 0.202 acres
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES,:
NORTH: Cardinal Drive
EAST: Cardinal Drive
Vacant Parcel
"C" - minimal hazard
SURROUNDING ZONING:
LI (Light Industrial)
LI
SOUTH: Florida right-of-way and LI
parking lot for Waste Management, Inc.
WEST: Vacant tract
X
COMPREHENSIVE PLAN: Industrial along Activity Corridor
OTHER PHYSICAL
FEATURES: Narrow triangular tract bisected by pipelines
STREETS: Cardinal Drive (U.S. Highways 69, 96 &
287) service road, east bound. This is the
former Loop 251 and is a freeway and a
primary federal highway. The right-of-way
width is approximately 300' at this
location. The service road is two lanes
wide.
Florida Avenue This section adjacent to
the subject tract is a 40' right-of-way with
a gravel and slag surface.
DRAINAGE: There are storm sewer inlets in the
Cardinal Drive right-of-way and roadside
ditches along Florida,
GENERAL INFORMATIONTUBLIC UTILITIES (continued
WATER:
SANITARY SEWER
FIRE PROTECTION:
ADEQUACY OF SERVICE:
LEGAL DESCRIPTION OF PROPERTY
There is 6" water main in Florida.
There is an 8" sanitary sewer in Florida
that feeds off a 36" major truck line.
Fire protection is provided by Station #3,
Kenneth & Brokman and #10, 3855
Washington Blvd.
Utilities and services are adequate.
That certain 0.202 acre tract out of Block 9 of the Annie T. Warren Addition,
a plat recorded in Volume 1, Page 71 of the Jefferson County Map Records;
said 0.202 acre tract being more particularly described by metes and bounds
as follows:
BEGINNING at a 1/2" iron rod set at the intersection of the north line of Florida
Avenue and the east line of said Block 9; said iron rod being the southeast corner of
the said 0.202 acre tract;
THENCE West along the said north line of Florida Avenue, a distance of 172.60 feet
to a 1" iron pipe found for the southwest corner of the said 0.202 acre tract;
THENCE North 00 0 02' 55" West, a distance of 79.81 feet to a 5/8" iron rod found
on the south line of Highway 69, 96 and 287 service road for the northwest corner
of the said 0.202 acre tract;
THENCE South 71 o 31' 47" East, along the said south line of Highway 69, 96 and
287 service road, a distance of 182.07 feet to a 1/2" iron rod set on the said east line
of Block 9 for the northeast comer of the said 0.202 acre tract;
THENCE South along the said east line of Block 9, a distance of 22.00 feet to the
POINT OF BEGINNING and containing 0.202 acres of land, more or less.