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HomeMy WebLinkAbout3-5-92 BA MinutesBOARD OF ADJUSTMENT March 5, 1992 City Council Chambers A meeting of the Board of Adjustment was held on March 5, 1992 with the following members present: Chairman Milton Bell Board Member Jayne Eisen Board Member Gerald Farha Board Member Ron Lanier Board Member Bill Lucas Board Member Charles Thompson Board Members absent: Kevin Fuller (excused absence) and Howard Close (excused absence). Also present: Kirt Anderson, Planning Director; Murray Duren, Senior Planner; Jack Maddox, Fire Marshal; Fred Lemell, Building Official; Tyrone Cooper, First Assistant City Attorney; Ilona Baker, Drafting Technician I and Carla Gigliotta, Recording Secretary. APPROVAL OF AIR IM Board Member Eisen made the motion to approve the minutes of the October to, 1991 Public Hearing. Motion was seconded by Board Member Lucas. The motion to approve carried 5:0. BOARD OF ADJUSTMENT March 5, 1992 Public Hearing PUBLIC HEAItIl�TG File #351-BA: Consider a request for a variance from Special Condition 30- 33 B.20.C., which requires a building setback of a least 20 feet from property lines if buildings are to be used for the storage of plastic and rubber material. Murray Duren introduced the case: The permitted use table for motor freight transportation and warehousing permits warehousing in the HI (Heavy Industrial) zone. This property lies in a HI zone. The property was constructed many years prior to zoning and was a conforming use at that time. The use as a warehouse is still a conforming use. In 1981 the original setback requirements began for all structures in the city, at which time the warehouse became a nonconforming use because it was sitting on three property lines, rather than having an industrial setback. Special Condition 20, specific to the storage of plastic and rubber material, was passed in 1989 by the City Council. At the request of the Fire Department, the zoning ordinance was amended to require a special condition for storing plastic and rubber material. The applicant, Mr. Deshotel, President of Beaumont Warehouse, Inc., requested a variance because the warehouse he purchased will not meet the setback requirements that are part of Special Condition 20. Mr. Deshotel purchased the warehouse with the intention of storing certain types of plastic and rubber material in the building. (Applicant is leasing the property ... ed) Mr. Deshotel can meet two of the four conditions necessary for a variance of Special Condition 20: Condition a: the warehouse shall be limited to a one-story structure with a height limit of forty-five feet, the applicant's building is about 20 height, and Condition b: the warehouse shall be located on a lot of no less than ten thousand square feet in area. 2 BOARD OF ADJUSTMENT March 5, 1992 Public Hearing The applicant cannot comply with: Condition c: the building setbacks shall be a minimum of 20 feet from any and all lot lines or as listed on the Area and Height Regulations tables, Section 30-25B.2 and 3, whichever is greater. The greatest requirement for this request is 20 feet from any property line. Condition d: the regulations of Section 10-27, Fire Protection and Prevention shall be complied with. Mr. Duren stated the request meets Special Condition a and b but does not meet c, the setback requirement. At this time the condition cannot be met. Condition d from the fire code, passed in 1989, Section 10-27. Storage of Plastic and Rubber Material. The storage of plastic and rubber material within the city limits shall meet the following conditions: 1) such storage shall be in accordance with the zoning laws of the city. This pertains to Special Condition 20, which the applicant cannot meet. 2) the location of such storage shall be equipped with a NFPA 13 sprinkler system meeting the requirements for hazardous occupancy. 3) the location of such storage shall be equipped with a NFPA 72E fire alarm system. 4) all offices, mechanical, maintenance and electrical rooms shall be separated from the location of such storage by at least a one -hour fire separation. 5) a one -hour fire and smoke partition shall be in place dividing all open areas of such storage into sections no larger than twenty-five thousand square feet. 6) such storage shall only in type I, II, III or IV structures as the same are defined by the standard building code. Mr. Duren said that the fire marshall, Mr. Maddox, was present and could address the fire prevention requirements. Speaking in Favor of the Re uest Hoke Peacock, Attorney 470 Orleans Beaumont, TX In order to solve the setback problem, Mr. Deshotel has asked the Southern Pacific Railroad Company, owner of the property on the south and the west, to arrange a lease of the property to be coincident with the sub -lease of the property with Sears, Roebuck. Mr. Deshotel has presented a letter 3 BOARD OF ADJUSTMENT March 5, 1992 Public Hearing to the staff stating that the variance be conditioned on obtaining a lease of 40 feet on the south and on the west 20 feet and no one can build on this property. This solves three sides of the building. The fourth side is a 35 (30 foot ... ed) foot street right-of-way between the buildings. The right-of- way is owned by the city. Mr. Peacock, concluded that this should solve the problem of the setback requirements. leaking in Opposition of the Request None. (Arrival of Board Member Farha. He was released because a quorum was already present). Mr. Duren, at this time, presented the analysis portion of the staff's report. Under the requirements for a variance three conditions a, b, and c must be met. The staff received an original letter with the application and later a letter with additional information. Condition A: granting a variance will not be contrary to the public interest. The response from the applicant in the original application states "it will in no way be contrary to public interest." It is the staffs opinion that granting the variance will be contrary to the public interest. Plastic and rubber fires are extremely hot burning, emit poisonous gases and cannot be extinguished using normal fire fighting methods. Most fires are allowed to burn themselves out. 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. 0 BOARD OF ADJusTMENT March 5, 1992 Public Hearing Applicant's response "Due to the fact that there is no activity in the immediate vicinity of, or nor is there any new additions in progress, it appears that by favorable' decision a variance will in no way create any inconveniences to the public such as narrowness, shallowness, hardships or dangers to the public'. The applicant did not address the issue of unnecessary hardship nor any situation that relates to the physical condition of the property itself. Mr. Deshotel did not respond to the need Or the lack of a need for a building setback regarding Special Condition 20. The size of the property does meet the requirements. The warehouse was constructed on the property lines but this is similar to older warehouses. There were no requirements for setbacks until 10 years ago. It is the opinion of the staff that the variance is for economic reasons and no other. The applicant was made aware of the requirements some time ago according to information received by Mr. Duren. Condition C: granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Mr. Duren continued. The applicant states that the existing warehouse is constructed of concrete, there is vacant open space lying south and west of the building. The building is monitored by an ADT Security System and Mr. Deshotel has installed a sprinkler system. The warehouse is zoned heavy industrial and can be used for many products. The special condition addresses the storage of plastic and rubber products. The new requirements were made to increase fire protection within the city. The applicant has failed to demonstrate how a variance will result in keeping within the spirit of the ordinance or that granting the variance will show justice will be accomplished. In a letter he speculates that he can obtain certain 20 feet property leases from property owners to his west and south. If the applicant were able to obtain the leases, he still cannot meet the setback requirement on the north property line 5 BOARD OF ADJUSTMENT March 5, 1992 Public Hearing along the entire length of the warehouse and therefore, cannot comply with the special condition Section 30- 33B20.(c). Fire Marshall, Jack Maddox, stated that he is the author of the ordinance that was enacted on plastics and rubber material. The reason for the ordinance was to allow the storage inside the city, but only if certain conditions were met. The purpose of the ordinance was to protect other structures in the area. The fire marshal explained that a plastic or rubber fire cannot be put out. The material, when on fire, releases poison gases that can cause great harm to fire fighters. The material "crusts over" when water is applied, thus sealing off water and allowing the fire to continue to burn. There is 1/4 to 1/2 mile evacuation area downwind of such a fire. Boardmember Eisen asked about the safety of the building for storing this type of material. Mr. Maddox replied that the warehouse is one of the better warehouses in Beaumont. Mr. Deshotel has installed a sprinkler system and alarm system to meet requirements for hazardous products. The building has office areas that do not meet the one -hour fire wall requirement as specified by code. Mr. Maddox emphasized the fact that the building is not the major factor, it is the location of the building. Boardmember Eisen asked the Fire Marshal, that if granted, would this operation put anyone or the City of Beaumont at undo risk. His reply was that the only risk would be to the property owner on the north side of the property. If a fire were to start and build to the proportion that it could burn it would put that property in jeopardy. Chairman Bell asked that if the fire could not be put out, why would a sprinkler system be required. Mr. Maddox replied that the sprinkler system could stop the fire in the early stages. Eighteen notices were mailed to property owners within two -hundred feet of the subject property. Staff received no responses. Staff recommended denial of the request because the applicant failed to show compliance with the conditions of Section 30-37E.3 a, b, and c which are required for a variance. T BOARD OF ADJUSTMENT March 5, 1992 Public Hearing Also Speaking R.F. Deshotel, Applicant Beaumont Warehouse, Inc. Beaumont, TX Board Member Lanier made the motion to grant the variance, having met Condition a, b, and c, with the condition the applicant provide documenatation that he has a valid lease with Southern Pacific Transportation Company for the casement on the south and west boundary, on the north the right-of-way remain in its current state and if these conditions change the variance would be voided. The motion was seconded by Board Member Lucas. Motion to grant the variance carried 6:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 7