HomeMy WebLinkAbout352-BADate: August 20, 1992
TO: Board of Adjustment
FROM: Planning Division
REQUESTED Request for a variance as permitted under Sec. 30-37 E,3
ACTION: from landscape regulations of Sec. 30-31, Code of Ordinances
(Landscaping & Screening Requirements).
*STAFF REPORT*
STAFF RECOMMENDATION FnE#352-BA
F E #352-IAA page 2
FU E #352-BA Mage
F #352-13A Page 4
FILE #352-BA
The Board of Adjustment is empowered to authorize a variance from
a requirement of the Zoning Ordinance when the Board finds that
all the following conditions have been met:
4
Page 5
CONDITION A: . That the granting of a 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 exceptionai
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.
&I MITMIMul
The applicant proposes to landscape his property in a manner that
will not screen the automobiles from view of the public driving by on
the IH-10 South surface road and Washington Boulevard. However,
he proposes landscaping and trees which will exceed the number of
trees and total landscaping required. All of the abutting property is
zoned LI (Light Industrial).
0 Condition A: The applicant wishes to plant and install a
hedge of dwarf youpon and indian hawthorne around the
perimeter of the car dealership abutting streets with a
maximum height of 18 inches. He proposes oversized trees
at the driveway entrances and 23 trees in a landscaped buffer
along the back or east side of the tract. Twelve of these 23
will exceed the 2" caliper widths required. In addition, he
plans to provide landscaped islands within the lot totaling
4,486 sq. ft. which wall amount to 10.2% landscaping inside
the, lot. The regulation only requires 3,219 sq. ft. for 7.5%
FILE #352,BA
REQUIREMENTS FOR A VARIANCE continued
landscaping because he will have 100 parking spaces. All of
the trees inside the lot will exceed city size requirements.
Landscaping along the street sidesw*ill total 10,091 square
feet, in addition to the proposed 18" high hedges. Granting
the variance will not be contrary to the public interest.
0 Condition B: This is an irregular -shaped tract of land. There
is approximately 400' of frontage along the freeway but the
tract is narrow, with about 100' of frontage along Washington
and only 44' at the north end of the property. The applicant
feels he will suffer unnecessary hardship if he is forced to
screen his property from the street as required by Sec. 30-
31 C.3. He depends upon open display of his cars and drive -
by observation by potential customers is important. Literal
enforcement of the ordinance would impose a severe
hardship on the applicant.
0 Condition C: The applicant proposes 34 trees and several
larger trees and 14,577 sq. ft. of landscaping on his 1.047 acre
tract. This exceeds the total minimum landscaping required
by Sec. 30-31 for a parking lot containing 100 spaces. The
applicant's site plan demonstrates that the spirit of the
ordinance will be observed and substantial justice will be
done if the variance is granted.
LEGAL DESCRIMON OF SUBJECT' TRACT
See attached survey and metes and bounds description furnished by
and attached hereto.
PUBLIC NOTIFICATION
Notices Mailed to Property Owners: 6
Responses in Favor . Responses in Opposition
Page 6
�5- Z - &A
DYNAMIC CARS, INC.
P.O. Box 12467
Beaumont, TX 77726-2467
(409) 755-2919 FAX 755-2903
August 17, 1992
City of Beaumont
Planning Division
Beaumont, Texas
Dear Sir\Madame:
Please allow me to introduce myself, my name is
Bruce Craig, owner of Dynamic Cars, Inc. I currently
operate a used car dealership at 2375 Calder, along with
several other enterprises in Beaumont.
As a businessman I have deep concern for the
community's image. I am proud to see that Beaumont city
leaders share that concern as evidenced by the drafting of
our new city ordinance regarding landscaping of new
businesses.I agree totally with the intent of the
ordinance namely to beautify Beaumont.
I currently propose construction of another used car
dealership at the northeast corner of Washington Blvd. and
the IH-10 access road south of Sam s. our new dealership
will create a minimum of fifteen new jobs.
e0fd
My plans are to have the finest looking dealership
in Beaumont. As you can see by'the attached "revised"
site plan, we have far exceeded city requirements in
landscaping. As a point of reference our neighbor
dealership, Mike Smith Auto Plaza, installed an $11,000
landscape. our design will be in the $25,000 to $30,000
range. In our plan however, there has been one point of
contention, that being the requirement in the city
ordinance calling for a hedge or berm 3 feet high and a
tree every 25 feet around the perimeter of any parking
lot. %J .
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While I feel this ordinance is appropriate for
parking lots, it certainly would not seem reasonable for
car dealership. National survey show "high visibility"
a must in our business. This issue is why we are
requesting variance on this ordinance. We ask you to
reconsider this fairness of asking us to be the only
dealership in Beaumont, perhaps even the only dealership
in Texas, that would be required to hide their inventory
from the public.
our asking for special attention in this matter is
no effort to side step city ordinance. To the contrary,
we would be keeping within the intent of the ordinance,
namely to beautify Beaumont while cultivating business.
in this way city leaders and businessmen work hand in hand
for growth. As an alternative I would like to plant a
hedge of Dwarf Youpon and Indian Hawthorne around the
perimeter of our dealership with a maximum height of
eighteen inches.
We are currently negotiating on additional property
in the area for a new car franchise, meaning more new
jobs. The feasibility and success of these dealerships,
as well as the one Ken Ruddy and others are proposing,
hang in balance. our city calls for beauty and our
business calls for visibility. Please allow this proposal
alternative. Your earnest attention in this matter is
greatly appreciated.
Sincerely,
3"4' Cl-
Bruce A. Craig
President
CENTURION
P.O. Box
Beaumont, Texas
Phone (409)755-2919 1
Murray Duren, Sr. Planner
City of Beaumont
P 0 Box 3827
Beaumont, TX 77704
409/880-3764 .
.Dear Mr. Duren,
CAPITAL
12467
77726-2467
ax (409)755-2903
August 20, 1992
Per your request we are happy
information in regard to our proposed
and Interstate 10.
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AUG 2 p 1992
to furnish the following
car dealership at Washington
Ordinance 30 - 31, Section C-1, calls for landscaping
of open areas for off street parking to equal 7.5 percent of the
paved parking area. (For lots with capacity of 76 - 1.50 cars. Our
proposed lot has 100 spaces.)
Our plan calls for:
4920 square feet of parking area. This size lot would
require a minimum of 3,219 square feet of landscaping to conform to
City Ordinance.
We propose to install 4.486 square feet on our property for a
ratio of 10.2 percent, which exceeds the city requirement. An
additional 10,091 square feet of grass and shrubs are proposed on
the state R.O.W. on the West side of our property along the I-10
access road. These areas total 4 577 square feet or 311 percent of
the paved parking, thus far exceeding the city requirement.
Ordinance 30 - 31, Section C-21 calls for minimum of one tree
per 250 square feet of landscaping. To conform to code with 4,.486
square feet of landscape area on our property. We would need to
plant a minimum of 18 trees 2" in caliper x 6' in height. We,
however intend to plant 34 trees , once again exceeding the.city
requirement by 90 percent. In addition 20 of the 34 trees will
substantially exceed minimum size requirements of the Ordinance.
Ordinance 30 - 31, Section C-3, calls for perimeter planting
of a tree every twenty-five feet and a hedge with a minimum of
three feet in height. As explained in our correspondence dated
August 17, 1992) Our following this requirement to the letter,
would virtually put us out of business do to lack of visual
display. In keeping with the spirit of the Ordinance, namely to
beautify Beaumont, we would be glad to plant the specified Aedge
with a height not exceeding 181f. (See sight plan perimeter area
marked green.) Also we propose that no trees would be planted
along the perimeter that borders the R.O.W.'s. However, our east
property line that borders the County Drainage Ditch would be
planted with a tree every 15 feet, once again exceeding city code.
I have marked location of trees on the attached reduced site
plan with an X. Trees that exceed city size standards are marked
X with a circle around it. The area where we want to reduce the
height of the hedge to 1811 is marked in green.
We hope this additional information is helpful. If we can be
of further assistance please feel free to call.
Respectfully,
ki• rw'e
Edward A. McKinney