HomeMy WebLinkAbout363-BADATE- December 2, 1993
TO: Board of Adjustment
FROM: Planning Division
REQUESTED Consider an application for a Special Exception from
ACTION: Section 30-30 of the City Codes to allow the
reconstruction of a building which was occupied by a
nonconforming use (book store) in an area zoned RM-
H(Residential Multiple Family -,Highest Density District),
as may be granted under the regulations of Section 30-37
E.2.(a).
STAFF REPORT*
FILE 363-BA
Staff recommends that the Special Exception as requested be granted
because the applicant has met all of the ordinance conditions and
requirements. This proposal is in compliance with the Comprehensive
Plan.
Ebrahim Motiee, the new owner of the property located at the
southwest corner of E. Virginia and University, purchased same with
the intention of reopening a book store after renovation and
remodeling of the existing structure. However, the building was totally
infested by termites and he had to tear it down to the slab. The
property was rezoned during the 1980's to a district which does not
permit retail stores. He wishes to rebuild a book store on the site.
A special exception may be granted to -reconstruct, extend or enlarge
a building occupied by a nonconforming use on the lot occupied by
such building, provided that, the reconstruction, extension, or
enlargement does not prevent the return of the property to a
conforming use. The exception must not adversely effect the value of
adjacent properties, if granted, and will not be contrary to the public
interest.
Exhibits are attached.
FILL, 363-BA
IP 1500 P —•0 1
LOCATION:
LEGAL DESCRIPTION:
EXISTING ZONING:
SIZE OF PROPERTY:
EXISTING LAND USES:
SURROUNDING USES:
NORTH: Residential
EAST. Gray I-lall(Lamar U.)
SOUTH: Apartments
WEST: Residential
COMPREHENSIVE PLAN:
Page 2
Ebrahim Motiee
Ebrahim Motiee
670-80 E. Virginia @
University Drive
Lots 23 and 24, Block 3,
LaSalle Addition, save and
except that part conveyed to
the City of Beaumont for
street right-of-way.
RIVE-H (Residential Multiple
Family Dwelling -Highest
Density District)
X C (Minimal)
B (Moderate)
A (100 Year)
Floodway
0.3 acres, more or less.
Concrete slab, owner
identification sign(Child's
Book Store).
SURROUNDING ZONING:
RS(Residential Single Family Dwelling
District)
RM-H (Residential Multiple Family
Dwelling -Highest Density District)
RM-H
RM-1-1
University District
OTHER PHYSICAL Child's Book Store, this location
FEATURES: recently torn down to the slab.
FILE 363-BA
GENERAL INFORMATION/PUBLIC UTILITIES continued.
STREETS:
SANITARY SEWER
SERVICE:
FIRE PROTECTION:
ADEQUACY
OF SERVICE:
ANALYSIS
Page 3
E. Virginia,a collector with a 60'
right-of-way and a 36' pavement.
University Drive, a collector with
an 80' right-of-way and two 24'
concrete pavement.
There is a 30" storm sewer lying in
Virginia.
There is a 6" water line in Virginia
and an 8" line in University.
There is a 6" sewer main in
University.
Fire protection is provided by
Station #3, Kenneth @ Brockman.
Services and public utilities are
adequate.
Subject property was originally zoned R-3(Modifted Two Family and Multiple
Dwelling) in 1955. After the 1981 Zoning Ordinance was adopted, a series
of public hearings were conducted by the city to remove the R-3 district. This
area around the university was rezoned during the mid-1980's. The property
south of Virginia in the neighborhood was "down zoned" to RM-H. Land
north was changed to RS(Residential Single Family Dwelling District).
Records indicate that there was a food store located at the corner of Virginia
and University as late as 1963. This building was converted to Child's Book
Store by 1964. The City acquired 30' of additional right-of-way from Lots 23
and 24, Block 3, LaSalle Addition, in 1974. This was part of the Capital
Improvement Program to widen University and extend it south to Cardinal
Drive. At the time of the taking, there was a frame residence situated on Lot
23. The book store continued to operate until just recently when it was sold
in bankruptcy to Mr. Motice, our applicant.
FILE 363-BA
Page 4
Mr. Motice had plans to remodel the book store for the same use. However,
he discovered the structure was infested with termites and he had his
contractor demolish the building. Early in November 1993, he submitted
building plans to the city and then found out that he had demolished a
nonconforming use. He has requested the Special Exception in order to
reconstruct the building. The new structure will contain 2,400 square feet and
will be smaller than the original structure.
As stated earlier, the applicant must show that after reconstruction the store
could be returned to a conforming residential use. He must also demonstrate
to the Board that his proposal will not adversely affect the value and use of
adjacent or neighboring properties or be contrary to the public interest.
The Comprehensive Plan of Beaumont shows the property inside the
"University District" and the site is, in fact, located directly across the street
from University buildings. There has been a book store or a grocery store on
the site since at least the late 1950's. The Comprehensive Plan describes the
university district as the area bounded by Lavaca, Martin Luther King
Parkway, Highland and Florida. The school has actually outgrown these
bounding streets since the plan was adopted in 1982. The policy in the plan
goes on to say that..."in addition to the university, the district may include
shopping facilities, recreational and entertainment facilities and higher density
housing"'. The area is zoned for apartments. The lots are at the intersection
of two collector streets.
Staff concludes that the applicant has met the test necessary for granting of
the special exception. The property can be returned to a conforming use, the
book store will not adversely affect the value and use of adjacent or
neighboring property and this action will be in the public's interest.
Following is the applicant's response regarding the conditions necessary for
the granting of the special condition. This is presented by Thomas J. Sibley,
attorney for Mr. Motice.
PUBLIC NOTIFICATION
Notices mailed to property owners: 24 .
Responses in Favor: _. Responses in Opposition: -.
UNIVERSITY
ALABAMA
UNIVERSITY DR.
z
22
111-50,
70TAL, i5,2-75.o sr -
TAKEN: 3,52s,a sp
REM; 11,7500 --fr
RIGHT OF WAY SURVEY
TV -,&CT NO-13
0J'T 0 F
LOTS 23�2-4 , BLOCK 3
LASAU—E ADDITION
5CALE- for —2.0' AUGUST 30 1974
;Zzv. i,:;:, it3--74
PREPARED BY
G,ARROD � ASSOCI.47ES, INC.
CITY OF BEAUMON-V
CAPITAL MPROVEMENT PRC)GrRAM
(I—S-r-07
BOARD OF ADJUSTMENT
'APPLICATION FORM
CITY OF BEAUMONT
(CODES SECTION 30-37)'
THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One)
Appeal )Variance Special Exception
f q O'c"- '701,
Complete the appropriate supplemental application form depending on which box is checked and include it with
yogr application.
APPLICANT'S NAME: Ebrahim Motiee
APPLICANT'S ADDRESS AND PHONE NUMBER: 4637 Callaghan; Beaumont, TX 77705
NAME OF OWNER: Ebrahim Motiee
ADDRESS OFOWNER: 4637 Callaghan; Beaumont, TX 77705
LOCATION OF PROPERTY:. 6,70 W. Virginia; Beaumont, T'X
LOT NO. 23 and 24 SAVE AND EXCEPT OR
portion conveyed to the City of Beaumont
BLOCK NO. 3
ADDITION LASALLE Addition to the City of
Beaumont, Vol. 3, Page 47, Map Records'.
IqUMBER OF ACRES - 3
TRACT
in Judgment, Vol. 1970, Page 251, Dee
PLAT Record
SURVEY -
NUMBER OF ACRES
For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the
properties, proposed to be changed, and a complete legal field note description.
SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST.
SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND
ACCESSORY STRUCTURES. ATTACH ADDITIONAL. MAPS OR DRAWINGS AS MAY BE
NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN
TO SCALE.
A PROCESSING FEE OF $200.00 MUST ACCOMPANY THIS APPLICATION.
PLEASE NOTE: THE
DISTRICI* COURT.
PLEASE TYPE OR PRINT AND SUBMIT TO:
FILE NUMBER: 363131
DATE RECEIVED: 11-12,13
---RECEIPT NUMBER:
F
10 DAYS TO APPEAL A DECISION OF THE BOARD IN
PLANNING DIVISION, ROOM 210
CITY HALL, 801 MAIN STREET
BEAUMONT, TX 77701
P.O. BOX 3827 77704
(409)880-3764
SPECIAL EXCEPTION SUPPLEMENTAL APPLICATION FORM
CITY OF BEAUMONT
(CODES SECTION 30-37 F-2.)
1. INDICATE WHICH SPECIAL EXCEPTION IS BEING REQUESTED:
(a.) X To reconstruct, extend or enlarge a building occupied by a nonconforming use on the
lot or tract occupied by such building, provided that the reconstruction, extension, or
enlargement does not prevent the return of the property 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 block do
not meet the rear yard requirements of these regulations.
(b.2) - A yard exception on corner lots.
(b.3) An exception where the existing front yard setbacks of the various lots in the same
block are not uniform, so that any one of the existing 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 effective date of this Chapter precludes 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
sign, building, or outdoor display area.
(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.
(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 sign,
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
'11-� USE OF ADJACENT OR NEIGHBORING PROPERTIES R BE
Ty ` ""ALT I_:, 1 %..0 J. v jr" AN T I n
CONTRARY TO THE PUBLIC INTEREST_-Tbg applicant has the burden of proof.
APPLICANT'S SIGNATURE.
TE: // Azz Ag-3
THOMAS J. SIB,LEY. P.G.
ATTORNEYS AT LAW
P. 0. BOX 31 -45
BiEAUMONT, TEXAS 77704
304 PEARL STREET
THIRD FLOOR
THOMAS J. SIBLEY
BOARD CERTIFIED
COMMERCIAL.
FARM.., AND RANCH &
RESIDENTIAL REAL ESTATE LAW
TEXAS BOARD OF LEGAL SPECIALIZATION!
ALSO LICENSED IN LOUISIANA
City of Beaumont
Planning Division, Room 210
City Ball, 801 Main Street
P. 0. Box 3527
Beaumont, TX 77704
RE: Ebrahim Motiee
Our File No. 3395-01
Gentlemen:
TELEPHONE: (409) 835-9944
TELECOPVER: (409) 838-4741
November 12, 1993
I have been retained by Ebrahim Motiee to assist him in
connection with his application to you for a Special Exception to
which this Letter is attached. Mr. Motiee is the owner of the
Kampus Korner bookstore, adjacent to Lamar University, located at
4637 Callaghan, Beaumont, Texas.
On July 6th of this year, Mr. Motiee purchased the subject
property at 670 W. Virginia for the sum of $25,000�. The property
has improvements on it which had been occupied by Child's
Bookstore. Several months prior to that date it went .into
bankruptcy. Mr. Motiee purchased the property with the intent of
reopening the bookstore after renovation and, remodeling of the
structure. He immediately began to make repairs and discovered
that the structure was in such poor condition that it was unsafe.
It was practically destroyed by active termite infestation. Mr.
Motiee determined that it would be much more economical to demolish
the existing structure to the slab and to rebuild same on the
existing slab. Mr. Motiee engaged a contractor who drew up plans,
copies of which are attached, and went to the City to obtain
approval. Initial approval was given; however, Mr. Motiee was told
that he had to obtain approval from Planning and Zoning due to the
fact that the previous existing structure was a nonconforming use.
It is my understanding that the property was rezoned from R3
to RMH at the time that the City eliminated the R3 zoning.
Specifically, Section 30-30, sub part 8, provides that when a
building or structure is occupied or used by a nonconforming
commercial use that became noncomforming since April 1, 1951, or
when a nonconforming industrial use is damaged by fire, explosion,
act of God, or other calamity to the extent that the cost or
CITY LTR Page 2
November 12, 1993
reconstruction exceeds sixty (60%) per cent of the replacement cost
of the structure, such nonconforming use shall no longer be
permitted; however, Section 30--37 E (2)(a) of the Code provides
that the Board of Adjustment shall have the power to hear and
decide Special Exceptions and defines that term to mean, a
deviation from the requirements of the Zoning Ordinance... which
may be granted if the Board finds that the Special Exception will
not adversely affect the use of adjacent property or be contrary to
the best public interest. The Board may then permit the property
owner to reconstruct, extend or enlarge a building occupied by a
nonconforming use on the lot or tract occupied by such building,
provided that the reconstruction, extension, or enlargement does
not prevent the property from returning to a conforming use.
In this instance, the proposed building for the bookstore will
be slightly smaller than the previous building and will be built on
the existing slab of the previous building. The plans previously
submitted to the City for approval have been slightly modified to
include plumbing rough in for a shower/tub in the bathroom and
kitchen facilities. If at any time the property ceases to be used
as nonconforming use the reconstruction will not prevent the return
of the property to a conforming use.
The grant of the Special Exception will permit the new
building which will increase the market value of the property and
will have no adverse effect on the use of neighboring or adjacent
property and will, in fact, increase their value. Further, it is
submitted that the granting of this Special Exception is not
contrary to the best public interest. In. this connection, I am
attaching a letter from Lamar University reflecting that Mr. Motiee
in a good neighbor and that his Callaghan Street bookstore is an
improvement to property in the Lamar area.
I will be pleased to present additional evidence at a hearing
should you desire.
Yours very truly,
eb
Thomas J. Sibley
cc: Mr. Ebrahim Motiee
APPROVED this /,2, day of
WS
LAMAR UNIVERSITY
The State -Supported University In Southeast Texas
September 7, 1993
Mr. and Mrs. Motiee Ebrhim
Hampus Korner
4637 Callaghan
Beaumont, TX 77705
Dear Mr. and Mrs. Ebrhim;
Your recent renovation of the facade of the Kampus Korner
Restaurant and Bookstore is how concerned, responsible citizens can
beautify their property. It is tastefully done and the color
scheme definitely compliments Lamar University -Beaumont.
Thank you for being such a good neighbor. Please know that
Lamar University -Beaumont appreciates both of you.
Sincerely,
J 7
.Ear I Brick ouse�
Executive Director for
Public Affairs
Executive Director for Public Affairs