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Home My WebLink About323-BA1 STAFF I REPORT CASE -#- 323-BA TO: , BOARD OF ADJUSTMENT FROM: PLANNING DIVISION/COMMUNITY DEVELOPMENT DEPARTMENT DATE: 5/21/87 REQUESTED ACTION *, Request for a special exception to permit the enlargement of a building occupied by a non -conforming use on lots occupied by said building at 4207 Concord Road. Staff recommends approval of the special exception to allow the enlargement of the grocery store for storage of goods and supplies only at 4207 Concord Road for the following reasons: • The special exception will not adversely affect the value and use of adjacent or neighboring property; applicant will be required to construct a 61 privacy fence on the north and south sides of his property. The special exception will not be contrary to the best public interest; and • The enlargement will not prevent the return of the property to a conforming use. 3 - M) q;;o -) co tsc-") (--,A ck he-c"Ary'\OKAJ —I'exti6 C)� v o t'� Ok \Gcp.� a.� (�2._`Dc�.�1c�`�N.c� o! �,`�e C'X�S�. _�J\oC'aGC ___ C", c w.o« coop. _,b�.�__a�50---�p�\� �\n2 i C C��eo.tc,,.ace_. o� n 4•� �j�c'e . e % V�k 0 vo P�ape�y U�\.<Vo�l�.�b�,\�;,vy Nu ti',S�.Q��GN ��.e cook\•,u� o@ `��,e NC��o 7iK � � Cedc.c �etice, d Fu 1. INDICATE WHICH SPECIAL EXCEPTION IS BEING REQUESTED: 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 riot prevent the return of the property to a conforming use. 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. A yard exception on corner lots. 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. 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. 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. 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. 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. 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 14HY THE GRANTING OF THIS SPECIAL EXCEPTION 13Y THE BOARD OF ADJUSTMENT WILL NOT ADVERSELY AFFECT THE VALUE AND USE OF ADJACENT OR NEIGHBORING PROPERTIES OR BE CONTRARY TO THE PUBLIC INTEREST. The applicant has the burden of proof. 01 Y APPLICANT'S SIGNATURE: DATE; (n � N �Kjzt � Y 1l•tm ��'"a� �rtti,a is ��a,, r d:w � 'Q^Z• ��"� J — ah� �y t' {��f c�it4 r'}. �. i �,��'� p.' •`��r 've r�7 "�. �'`<.✓ dry a o + tin 6 r i a �� Y F C� E � �:4 � Yi N• p$`" e♦ . Y 6. a ^•' ' Yo O ` • Q 14o i f�c ,0 , n ul A,Y I -w o 14 IA ' 140 SURV CASE+ 323-BA I Lie APPLICANT: Aaron Hunter - PROPERTY OWNER' Aaron Hunter STATUS OF APPLICANT: OWNER El PROSPECTIVE BUYER C1 TENNANT El OTHER Lot 5 and N 1/2 of Lot 6, Block 2, South Woodlawn LEGAL DESCRIPTION! Addn. N EXISTING ZONING: R-S, FLOOD HAZARD ZONE C (Minimal) B (Moderate) A (100 YEAR) FLOODWAY (10,500 sq. ft.) EXISTING LAND USES: Grocery store and rent house (rear) SURROUNDING LAND USE& Residences & Beauty Shop R-S, EAST: Residences R-S, SOUTH: Children Day Care Facility (closed) R-S WEST: Residences R-S I COMPREHENSIVE PLAN.: Stable Area W.-MUNIMUSUM CASE+ 323-BA "Ita"KLW EXISTING: COMPREHENSIVE PLAN: STREET R. 0. W.*,/PAVEMENT DESIGNATION/.R. 0. W. Concord Road 601' / 181 Minor Arterial /8011 WATER LINES (SIZE AND LOCATION) 811 line in Concord Road. SANITARY SEWER (SIZE AND LOCATION) 8111 line in Concord Road. DRAIRAGE Surface FIRE PROTECTION: FIRE STATION NO. 2, Wilson @ Ironton ADEQUACY OF FACILITIES AND SERVICES: The facilities and services are adequate. r1he widening of Concord Road from a 601 to an 801 ROW with a 441 pavement is shown in the Major Street and Highway Plan in Phase 1, 1985-1990. The proposed building addition will not conflict with the widening of Concord. (see item 3 on Analysis page) �1111111q� 1111111pp Am 1 0 1 NOTICES MAILED TO PROPERTY OWNERS: 26 nESPONSES IN FAVOR RESPONSES IN OPPOSITION COMMENTS * R. 0. W'.= RIGHT OF WAR CASE+ 323-BA 0"'I �11 "I'll" "I'll" "I "1 0 im 0 fir. Special Exceptions may be granted in the following situations: b) To deviate yard requirements in the following circumstances: 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. 2) A yard exception on corner lots. 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. 4) An exception from the minimum front yard requirements for owner identifi- cation signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regula- tion. 5) An exception from a minimum interior side yard setback requirement for owner identification 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 grant- ing 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. 6) An exception from the minimum side yard setback requirement where a non- conforming 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 struc- ture for which the special exception request applies. SOURCE: City of Beaumont Zoning Ordinance, See. 30-37E.2. The request meets the requirements of condition (a) of Sec. 30-37 E.2 of the Zoning ordinance, which is a provision to permit the reconstruction, extension or enlargement of a building occupied by a non -conforming use on the lot or tract occupied by such building, provided the addition does not prevent the return of the property to a conforming use. Applicant proposes to construct a 14' x 25' storage addition to the southwest corner of his grocery store. The addition will be located at the rear of the present building and will meet setback regulations. The property was zoned R-3 (Modified Two -Family and Multiple Dwelling) until 1981 when it was changed to R-S (Single Family Dwelling) raking the store a nonconforming use. The addition of a storage room to the existing store will not prevent the return of the property to a conforming use. The enlargement of the store will not adversely affect the value and use of adjacent or neighboring properties. The proposed store addition will be constructed at the rear of the existing store. The store now has an area of 940 sq. ft. The addition will consist of a 14' x 25' structure for 350 sq. ft. The total area will be 1,290 sq. ft. Applicant owns the property to the rear or west of the store. There is a brick rent house behind the store and north of the proposed expansion. Applicant owns the rent house. The property adjacent and south of the proposed new structure is the front yard of a day care facility, which was also rezoned from R-3 to R-S. A special exception will not be contrary to the public interest. Concord Road has a 50' right-of-way (R.O.W.) width which will be widened to a 701 ROW according to a ROW acquisition map prepared by 'Kohler & Kohler Engineers for the Public Works Department. Even though the major, Street and Highway Plan calls for an 80` ROW width, Public Works has determined that 70' will be sufficient. Completion date for the road project is now targeted for 1993. The applicant will lose 5' from the front of his property for additional Concord Road right-of-way. it will be the property owner's responsibility to provide off street parking for his customers. The addition to the back of the store will not have an affect on the ROW taking. FILE: 323-BA Request by Aaron Hunter for a Special Exception on property described as lot 5 & N. -2 lot 6, block 2) Tt South Woodlawn, at 4207 Concord Rd. to permit the enlargement of a building X ;e t9b 36 1/200 P tP 16b CIO X 14 'e olt 10�1,(O 9 59 a ✓ Z 07 0 t X U G Z- ,V& Ic S6 if 41 I 1'4