HomeMy WebLinkAbout351-BAd6
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TO:
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of,14 PAv(''
Date: February 24, 1992
3- /Y)
Board of Adjustment
Planning Division
REQUESTED, Consider a request for a variance from special condition 30-
AMON: 33 B.20.C., which requires a building setback of at least 20
feet from property lines if buildings are to be used for the
storage of plastic and rubber material.
*STAFF REPORT*
STAFF RECOMMENDATION FILE#351-BA
Staff recommends denial 'of the, request because appli,
to show comp liance with the conditions of Section 30.
0 c which are: required fora variance.
PROJECT INFORMATION
0
The applicant, Beaum
has: purchased art 64P
Avenue, situated, at t
wide::un-named Street
land lies adjacent :t.oS,
; An&"west... Access to
41",)
Magpo li'a, y, : jua:ibe 9p(
F&rest Street where i
e I xt0nds to property lil
east side of the buildi
int has failed:
17E,3: a,b and:
Ic owj�-"OA'
L I A M s y
'T
F
t Warehouse, Inc,, R.F. Deshotel, -President,
i g,tonerete warehous6'listed at 991 Laurel
endof . Magnolia and: south of a 3046ot
ghv-:of-way. This irregular shaped tract of
*ern Pacific Railroad property on the south,
e 1.37 acre tract is from the south- end of
.aurel Avenue. There is also,, access from
brinihates: south of Laurel. The warehouse
on thr I ee sides. A loading area lies on the
the, zoning ordinance, an amendment which
department, requires aspecial :cond,i66fi.:Jf
Trial"" is to be stored: or warehoused. The.
is follows-,
FILF #351-BA Page 2
FH-E #351-BA
Page 3
n, LF #351-BA
!UK
Page 4
u note
paved,
a spur
�ntaia�s:`'
Mi li #351-BA
Page 5
GENERAL INFORMATION/PUBLIC UTILITIES continued
STREETS
Laurel Avenue, major arterial, 60 foot right-of-way, 47 foot
concrete pavement;'Magnolia Avenue„ 65 foot right-of-way, 24 foot
at Laurel; Forrest Street, 70 foot right-of-way,.20 foot pavement.
DRAINAGE There is a 36 inch storm sewer'in Laurel and a 36
inch in Forrest, 'Remainder of drainage is surface,
WATER There is a 6 inchlino in Laurel on the north side,
a 12 inch in Magnolia at Laurel and; an & inch in
Forrest serving the subject warehouse.
SANITARY' SEWER SERVICE
There is a 12 inch sanitary sewer in .Magnolia at
:Laurel > and a 12 inch line in Forrest' Street.
FIRE PROTECTION Fire protection is provided by Station #1, 747
College.
ADEQUACY Services are adequate .
OF SERVICE
I-ILF #351-13A
REQUIRE, MENTS FOR A VARIANCE
Page 6
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:
COND LTION 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 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.
CONDITI : That by granting the variance, the spirit of the
ordinance will be observed and substantial justice will be done.
ANALYSIS
0 Condition A: Aside from stating in his application that his
request... will in no way be contrary to public interest",
applicant did not address this issue. It is the staff opinion
that granting the variance will be contrary to the public's
interest. Plastic and rubber fires are extremely hot burning,
emit poisonous gases 'while on fire and cannot be
extinguished using normal fire fighting methods. Most of
'these fires are allowed to burn themselves out.
0 Condition B: The applicant does not address the issue of
unnecessary hardship nor any situation that relates to the
physical conditions of the property itself. He does not
present any facts regarding the need or lack of need of a
minimum building setback concerning the special condition
(Section 30-33 B.20c.) of the Zoning Ordinance. He does
not show evidence of total compliance with Section 10-27 of
MY #351-BA
GENERAL INFORMATION/PUBLIC UTILITIES continued
Page 7
the fire prevention code which regulates the storage of plastic
and rubber material. Applicant fails to meet or comply with
this condition. The subject tract is not unusual in shape or
topography. The tract is 1,37 acres in size and far exceeds
the 10,000 square feet minimum. The warehouse was
constructed on or near property lines, similar to other existing
old warehouse structures. Building setbacks forcommercial
buildings were not adopted by the city until 1981. This
request is being made for economic reasons only. The
applicant was made aware of the ordinance requirements
some time ago.
0. Condition C: The applicant's letter states that the existing
warehouse structure is constructed of concrete, including the
walls and roof. He shows that there is vacant, open space
lying south and west of the building. He also states that the
warehouse is monitored by ADT. Security Systems for fire
and burglary protection. He recently installed a sprinkler
system in the warehouse. The warehouse, zoned HI, can be
used for the storage of many products. The special condition
only addresses a setback and other requirements for the
storage of plastic and rubber material. The size of the tract
(1.37 acres) and the height of the building (20 ft.) meet
conditions a. and b. of'the special condition. However, item
c. (20 ft. minimum setback) and item d. (compliance with
Section 10-27, Fire Protection Code) are not shown to be in
compliance with the required conditions. These new, special
conditions were adopted by the City Council in 1989 to
increase fire protection. The zoning ordinance and the fire
code were amended at the same time. Increased fire
protection measures in the city lead to lower insurance rates
and to greater safety to persons and structures. The
applicant has failed to demonstrate how a variance will result
in keeping within the spirit of the ordinance or that granting
of the variance will show that justice to all will be
accomplished. * * * * On February 26, 1992, Mr. Deshotel
submitted another letter to the staff, further explaining his
proposal. In the letter, enclosed herein, he speculates that
he can obtain certain 20 feet property leases from property
FELE #351-BA
GENERAL INFORMA'nON/PUBLIC UTILITIES continued
Page 8
owners to his west and south. Even if he were able to obtain
these leases, he still cannot meet the setback requirement on
the north property line along the entire length of the
warehouse. Thus, even if successful in acquiring land leases
at some time in the future, he will not comply with the
special condition of Section 30'33 B.20.(c). * * * * The Fire
Marshal, JV0 iack Maddox, wh ut of town, called our office
sTo
on Tuesday, February 25, 1992, to inform us of the
compliance or lack of same to Fire Code Section 10-27,
Storage of plastic and rubber material, regarding the
warehouse structure. He stated that the structural
requirements, such as approved NFPA sprinkler systems,
approved fire alarm systems, fire wall separations and smoke
partitions can be physically complied with.
However, the fire marshal is opposed to this request for
several reasons. First, the applicant cannot meet condition
(1) of Section 10-27 which requires that the building site
meet all zoning requirements, i.e., the 20 feet setback clause
of the special condition, Section 30-33 B.20C. The marshal
explained that a plastic or rubber material fire cannot be put
out. The material, when on fire, releases poison gases which
can cause great harm to fire fighters. The material "crusts
over" when water is applied, thus seating off water and
allowing the fire to continue to burn. Fire fighters must stay
downwind from 1/4 to 1/2 mile from such a fire, according to
our marshal.
Prior to the 1989 code changes, which allowed the storage of
the subject material, plastic and rubber in pellet form was not
allowed inside the city limits. For various reasons, City
Council changed the code to allow storage inside the city, but
only if certain conditions can be met.
The applicant has not met the conditions. The staff will
recommend denial.
H,LF, #351-BA
PUBLIC NOTIFICATION
Notices Mailed to Property Owners: 7
Responses in Favor . Responses in Opposition
Page 9
CITY OF BEAUMONT
BEAUMONT, TEXAS
* NOTICE OF PUBLIC HEARING
A PUBLIC HEARING WILL BE HELD BY THE BOARD OF ADJUSTMENT OF THE
CITY OF BEAUMONT ON:
DATE: March 5, 1992
TIME: 2:00 P.M.
PLACE: CITY COUNCIL CHAMBERS, 801 MAIN STREET
TO CONSIDER THE FOLLOWING: A request for a variance from a special
condition of the zoning ordinance (Sec. 30-33 B.20•C•) which
requires a building setback of 20 feet from any property line if
said building is for the storage of "plastic and rubber material"
as defined in the fire code. Subject warehouse lacks this setback
on three sides. (Planning Division File 351-BA)•
FILED BY: Beaumont Warehouse, Inc., R.F. Deshotel, President.
LOCATION OF PROPERTY: 991 Laurel, lying at the foot of Magnolia
and Forrest Streets.
ON PROPERTY DESCRIBED AS FOLLOWS: Being an irregular shaped tract
of land out of the Southern Pacific Railroad property, said tract
lying north of and adjacent to the T. and N.O. Railroad line, south
of and adjacent to a 30 foot wide street right-of-way and known as
Tract 43, Tax Plat "Ell, Noah Tevis Survey, containing 1.37 acres
of land, more or less.
THE MEETING IS OPEN TO THE PUBLIC,
Milton Bell, CHAIRMAN
BOARD OF ADJUSTMENT
PUBLICATION•
February 23, 1992 (Sunday)
VA-- IANCE ARPL1CA,TiC7 ,,. *0 M.,r{ �
The Board of Adjustment has the power to grant variances wh e the following
listed conditions have been met. indicate how your applica me A AW� f
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 the granting of the variance will not be contrary to the
public interest.
THE DECISION TO GRAM' A VARIANCE IN MY BEHALF, WILL IN NO WAY BE CONTRARY TO
PUBLIC INTEREST.
CONDITION B: That literal enforcement of the ordinance will result in un-
necessary 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.
DUE TO THE FACTS THAT THERE IS ABSOLUTELY NO ACTIVITY IN 'THE IMEDIATE VICINITY
OF, OR NOR IS THERE ANY NEW ADDITIONS IN PROGRESS, IT APPEARS THAT BY A FAVORABLE
DECISION OF VARIANCE, WILL IN NO WAY CREATE ANY INCONVENIENCES TO THE PUBLIC SUCH
AS NARROWNESS, SHALLOWNESS, HARDSHIPS OR DANGER TO THE PUBLIC.
CONDITION C: That by granting the variance, the spirit of the ordinance will
be observed and substantial justice will be done.
I FEEL THAT BY A GRANTING OF VARIANCE, JUSTICE WILL SURELY BE DONE.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
I
Applicant's signature: Date: 02/14J92_
BEAUMONT WAREHOUSE & TRANSPORTATION
P. 0. BOX 20977
BEAUMONT, TEXAS 77720-0977
(409) 832-5859 6 FAX (409) 832-3566
TO: THE BOARD OF ADJUSTMENV
CITY OF BEAUMONT
I AM REQUESTING A VARIANCE FROM YOU IN ORDER TO EXPAND MY BUSINESS, AND TO
ICETTER SERVE THE AREA CHEMICAL PLANTS- THE BOUNDARIES OF THE BUILDING ARE
UNACCEPTABLE ACCORDING To CITY CODE, BECAUSE THE BUILDING IS ON THE PROPERTY LINES
ON THE NORTH, SOUTH AND WEST SIDES.
ON THE NORTH SIDETHERE ARE 30 Fr. BETWEEN THE WAREHOUSE AND TWO OTHER
EXISTING BUILDINGS WHICH ARE PRESENTLY UNOCCUPIED. TO THE SOUTH, THERE IS A SET
RAILROAD TRACKS ABOUT 50 FT. FROM THE WAREHOUSE. To THE WEST, THERE IS AN OLD
ABANDONED CONCRErIE SLAB 100 Fr. FROM THE WAREHOUSE. THIS PROPERTY IS ZONED AS
HEAVY INDUSTRIAL AND THE TYPE OF MATERIAL I WISH TO STORE (RUBBER AND PLASTICS)
LISTS UNDER SUCH CLASSIFICATION AS "SPECIAL CONDITION."
THE BUILDING IS CONSTRUCTED ON CON RETE FTMRS, WALLS, AND ROOF. Mg
BUILDING IS MONITORED BY A.D.T. SECURITY SYSTEMS AGAINST FIRE AND BURGLARY. I
FEELTHIS REQUEST FOR VARIANCE IS WITHIN REASON AND AM HOPING THAT SAID REQUEST'
WILL BE GRANTED.
SINCERELY,
19 E ME 0-
11�4
R. F. DESHOTEL, PRESIDENT
LEE
__ • "I'll a 16 • 0 4 9
P. O. BOX 20977
BEAUMONT, TEXAS 77720-0977
(409) 832-5859 • FAX (409) 832-3566
February 26, 1992
Board of Adjustment FEB 2 6 1992
Planning Division, Room 240
City Hall, 801 Main St.
Beaumont, TX 77704
RE: Beaumont Warehouse, Inc. Application For Variance dated February 13, 1992
Gentlemen:
We have requested a variance from the Zoning Ordinance requiring a twenty foot
set -back for buildings used to store rubber and plastics. We request that the granting of the
variance be conditioned upon our obtaining a lease from the fee owner of the twenty foot
wide strips of land adjacent to the building on the west and south sides under the terms of
which no building or other structure that would restrict fire fighting access to our building
will be built on said twenty foot wide strips prior to the expiration of our sub -lease of the
building from Sears, Roebuck & Company in 1996, In the event that we lease the building
from the fee owner after the expiration of the Sears' lease, we would request that the
variance remain in effect so long as, we are able to keep the lease of the adjacent twenty
foot wide strips in force so as to insure that no building or other structure that would
restrict fire fighting access to our building can be built within twenty feet of the building
that we are using for storage of rubber and plastics so long as we are using it for that
purpose.
We meet the twenty foot set -back requirement on the east side of the property, and
there is a city owned street right-of-way to the north of the property that is more than
twenty feet in width. Accordingly, we believe that the spirit of this new ordinance will be
met by these arrangements.
Sincerely,
BEAUMONT WAREHOUSE, INC.
By:
R. F. Deshotel, President
RFD/kr
-
174 _ . . • dlA I5 S4 `G 3L ltrra
kvurrrwr� I � er
BILE 351-HA. Request for a variance of Special NORTH
.d'�oY CfinC
Condition 30-33 B.20.(c). Beaumont Warehouse, Inc., A
'" 991 Laurel (Foot of Magnolia) . SCALE
1 270
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w LIBERTY AVE.
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