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Home My WebLink About328-BASTAFF, REPORT r DATE: November 2, 1987 FROM: Planning Division/Community Development Department REQUESTED ACTION: Consider a variance to reduce the required front yard of a commercial lot from 20-ft. to 12.5 ft. at 2870 Wall St. The staff recommends the variance be granted because: Granting the variance will not be contrary to the public interest; Literal enforcement of the Ordinance will result in an unnecessary hardship; and By granting the variance, the spirit of the Ordinance will be observed and substantial justice will be done. CASE + 328-BA 701VRO"� mm*l 'I 101,1Z Guy Justice, owner of the L & J Air Wall St., wishes to extend part of The existing structure lies 12 1/2 line. Applicant wants to tear down rebuild with a 401 x 401 addition, setback as presently exists. This having the same structural setback company building. Applicant's letter is attached. conditing and Heating Co. at 2870 an existing commercial building. ft. north of the front property the west part of the building and yet maintain the same front yard would result in the new addition is the remaining east side of his L & J AIR CONDITIONING, HEATING & REFRIGERATION SERVICE 2870 WALL STREET BEAUMONT, TEXAS 77701 409/898.0480 - 832-7411 Oct 14,1987 Planning DiVision,Room 240 City Hall, 801 Main St. Beaumont,Tx. 77704 (409) 838-0665 Gentlemen; We submit a plan for your consideration and approval for enlarging our property at 2870 Wall st. Cartright addition, lot 7 block 28. In building this add on we will be able to secure our trucks and other vehicles at night other than parking on the streets. This building will be sheet metal top and sides. It will blend in with the building next to it and also across the street. The size will be 401 wide x 401 long and 14ft high. There will be two garage doors facing west. The frontage of this building will be 12.5ft from Wall st. This footage is well in line with the building accross Wall street and building on 4th street. Yours Truly, L. & J. Air Condition, Guy- R. i� 14 (c�i)loqmvoy OK) 0 .1-4 4-) -1 -4 0 o � U) 4-3 0 rl 0 :j C— ro OD (D w +. APPLICANT: r Justice PROPERTY OWNE• R. STATUS OF APPLICANT: X OWNER PROSPECTIVE BUYER TENANT _OTHER LOCATION: 2870 Wall St. LEGAL DESCRIPTION: Lots 7 &,,,. �fht Terrace Addn . .... . — EXISTING ZONING: GC -MD (General FLOOD HAZARD ZONE X C (MEMIAL) Commercial Multiple Family Dwelling) B (MDDEP-ATE) A (100 YEAR.) FLOODWAY SIZE OF PROPERTY: 0.13 ACRES ± EXISTING LAND USES: Air Conditioning & Heating Contractor SURROUNDING LAND USES: NORTH: Commercial EAST: Residential SOUTH: Commercial WEST: Railroad R.O.W. & 4th St. SURROUNDING ZONING: GC -MD GC -MD GC --MID GC -MD COMPREHENSIVE PLAN: Conservation & Revitalization OTHER PHYSICAL FEATURES: NONE STR1KEI' Wall St. E}CISTING: R.O.W. */PAVEMENT 60' / 16' r E. etM•R.O.W. Residential LINES (SIZE AND LOCATION) 6" line in Wall St. SANITARY SEWER (SIZE AND LOCATION) ; 6" line in Wall St. DRAINAGE: 30" Storm Sewers in Wall St. FIRE PROTECTION: FIRE STATION NO. 1, 875 College St. ADEQUACY OF FACILITIES AND SERVICES: Facilities and services for the proposed use are adequate. t g 0 NOTICES MAILED TO PROPERTY OWNERS 7 RESPONSES IN FAVOR RESPONSES IN OPPOSITION COMMENTS * R. O. W.= RIGHT OF WAY The Board of Adjustment 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: CONDI'TZON A: That the granting of the 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. QQNDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. (A) Granting the variance will not be contrary to the public interest. Applicant does not plan to decrease the existing rear setback nor decrease his east side setback. He wishes to remove the existing west side of his building and replace it with a 40' x 40' addition. In doing so, he will continue to maintain the 12 1/2 ft. front yard setback that has existed for many years. Wall street, a 60' R.O.W., has a 16' pavement. This leaves 22' of unpaved R.O.W. and an additional 12 1/2' of front yard, for a total of 34.5' of open space between the building and the edge of the pavement. Directly across the street is the side of a metal commercial building which fronts upon 4th street. This building also is situated very close to a side property line but about 30-ft. from the pavement edge. The residence to the east side of applicant's building fronts upon San Jacinto and backs up the commercial building. An abandoned alley (201) separates the two. The proposed building extention will lie next to a driveway and the 100' wide railroad R.O.W. Fourth Street crosses at an angle in front of the railroad and applicant's property. Properties to the north (rear of building) are vacant and belong to the applicant; Adjacent to the lot on the north side is the railroad. This is an older neighborhood and the present structures have existed on the various lots for many years. The commercial zoning has existed since 1955. (B) Applicant's property is irregular in shape and is bound by the railroad, Wall Street and an abandoned alley. The hardship is related to the shape of the property. (C) The applicant wishes to remove part of his existing building and make a larger addition to. house his equipment and trucks, some of which are presently unsecured and left in the open. The spirit of the ordinance will be maintained by granting the variance. The 12 1/21 setback of the present building will be maintained and the expansion will be toward the railroad and 4th Street. t75?_ L 1rs h ,vFAN /N r 1 ., T , FILE 328—BA: To consider a variance or a special exception NORTH 4 to reduce the required front yard setback for a new A& addition to the existing building. SCALE 1 /200 r k, + + vt _ to to GC -MD e "THE", -9 s ` ST .affC3R Forsythe '15 ro 4 � � 29 Cz 1+ o4 J ., + �4 27 + x t JOO ,qr $ 10' 7 /o h 4 L 9 e 6 0 subject Wall �c Fio o Aw .vo. a . akj / /♦ A �� ` "_ x q n x r► h �i t o f s o + 2/ ii ( + MLL + 2 C MQ r 7e10 so COQl�EGE r o o +o .+w Rolle e M K / /+ / /+ L lJ x mmomm IN + // + /9 /i /8 .� J /a i , ' 4 4 s/� %9 %