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Home My WebLink About336-BAREPORT CASE --06 3 3 6 - BA DATE: February 2, 1989 W te� *0-107.11 160 NMI W.11 00� REQUESTED ACTION: Special exception to reduce the yard requirements of the zoning ordinance for a proposed office building located within an IZ (Light Industrial) district at 1240 Orleans and Franklin. The staff recommends approval of a special exception to reduce the required yard setbacks from 25 feet to 5 feet as shown on the attached site plan for the following reasons: 0 The special exception will comply with condition 30-37 E. 2. (b) (2) of the zoning ordinance which allows yard exceptions for corner lots; o The special exception will not adversely effect the value and use of the adjacent or neighboring property; and, 0 The special condition will not be contrary to the best public interest. CASE # 336-BA A group of local lawyers propose to construct a new two story office. building at the corner of Orleans and Franklin. The building will contain four suites for attorneys and an area for support staff. Parking will be located at the rear of the building. The owners desire a building containing from 7,500 to 10,000 square feet. The property fronts on Orleans for 180 feet and along Franklin for 180 feet. This block (bound by Orleans, Park, Franklin and Blanchette) is zoned LI (Light Industrial). The required setback in the L1 district is 25 feet when abutting a street right-of-way. The applicants are requesting a Special Exception to permit building setbacks from Orleans and Franklin of five (5) feet. BUSH, LEWIS & RAMSEY, RC. AIA'ORNEYS At LAW 595 ORLEANS STREET 101-H F:113013, SAN JACINTO BUILDING BEAUMONT, TEXAS 77701 (409) 835-3521 MICHAEL R. RAMSEY BOARD CERTIFIED PERSONAL INJURY TRIAL LAW TEXAS BOARD Or LEGAL SPECIALIZATION Mr. Kirt E. Anderson Secretary, Board of Adjustment P. O. Box 3827 Beaumont, Texas 77704 January 19, 1989 Re: Special exception request from Don Bush, Kenneth Lewis and Michael Ramsey Dear Mr. Anderson: I have enclosed a completed Application Form requesting a special exception be granted to me and my two partners concerning a building which we are considering constructing at the southwest corner of the intersection of Franklin Street and Orleans Street, Beaumont, Texas. We have been requested by our architects to apply for a special exception with regard to the setback requirements in this particular area. The request is necessary for our planned building to provide the desired floor space presented in a unique and attractive style with an unusually attractive parking area set apart from the building by a substantial garden area. As you are probably aware, our corner lot is only a short distance away from the central business district area. Since this street is immediately in front of the county courthouse, in our opinion, it is part of the downtown area and is one reason why we have considered building at this particular location. It is my understanding that consideration is being given to rezoning the area in question to make it part of the central business district. Of course, should that happen, our requested building setbacks would be in conformity with those required wi.thin the central business district. As mentioned above, the property in question does involve a corner lot. Unfortunately, the lot is not a true square or rectangle, but rather, has an indentation on the southwest corner. This has caused some loss of parking places which we would otherwise have and has contributed in some degree to the need to ask for this special exception. A check of the structures located on block 44 reveal that a building at the corner of Franklin and Park does not appear to meet the city's 251 setback requirement. We are unsure as to exactly how far this particular building is from the setback lines; however, it Mr. Anderson January 19, 1989 Page 2 appears to be approximately 51. Further, there is a second structure on Blanchette Street which appears to be 5' from the setback line. Accordingly, we think it would be in conformity with other structures on the block that we be allowed to build in accordance with a 5' setback as opposed to a 251 setback. If the Board of Adjustment grants our special exception, the adjacent or neighboring properties will not be adversely affected in either the value or the use thereof. In fact, all of the adjacent property will be enhanced in value and use by the construction of our proposed building. At present, there is an older converted gas station and an older furniture store located within the block in question. Certainly, the construction of a new office building will do nothing but enhance the value and use of all of the property in question. Further, the construction of our proposed building would not be contrary to the public interest. In fact, it would be to the betterment of the public interest. As all of us are well aware, the City of Beaumont, through its executive offices, is actively recruiting businesses to build in the downtown area. That decision is obviously in the public interest as would be the construction of our proposed building, should the Board of Adjustment grant our special exception. We are enclosing with our application our check in the amount of $125.00 representing the processing fee for this request. We are also enclosing a site plan which details the specifics of the request which we are making. Should you or any member of the Board of Adjustment have any questions concerning the request which we have made or if we may be of assistance in any way by providing additional information, please do not hesitate to call. Until such time, with kindest regards, I am Very truly yours, Michael R. Ramsey ' MRR/pw T R. M m -r a �4 336 APPLICANT: Michael R. Ramsey PROPERTY OWNER: Don Bush et al et al STATUS OF APPLICANT: X OWNER PROSPECTIVE BUYER TENNANT X OTHER LOCATION: 1240 Orleans at Franklin LEGAL DESCRIPTION: Lots 252 253 254 and 256 Block 44 Original Beaumont Townsite. EXISTING ZONING: LI (Light Industrial), FLOOD HAZARD ZONE: X C (MUMIAL,) B (MODERNM- ) A (100 YEAR) FLOODWAY SIZE OF PROPERTY: 0.7 ACRES EXISTING LAND USES: Vacant Lots. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Law Office LI EAST: County property LI SOUTH: Vacant LI WEST: Service station and Furniture Store LI IVE PLAN: Central Business District r. AR F: --* PUBLIC UTILITIES, STREETS AND SERVICES STR= ACCESS NO DESIGNATION EXISTING: O0MPPJ1flWM PLAN: STREET R.O.W.*ZPKVEERE DESIgRgION A.O.W. 0M -� 00JAP IMP —to I � 611 401 611 401 Minor Arterial 701 Minor Arterial 611 WATER LINES (SIZE AND LOCATION) :1211 water line in Franklin; 611 water line in Orleans. SANITARY SEWER (SIZE AND LOCATION): 3011 sanitary sewer line in Franklin; 1211 sanitary sewer line in Orleans. DRAINAGE: 1211 storm sewer in Franklin; 2411 storm sewer in Orleans. FIRE PROTECTION: FIRE STATION NO.: 1, 747 College ADEQUACY OF FACILITIES AND SERVICES: Facilities and services are adequate for the proposed land use. I NOTICES MAILED TO PROPERTY OWNERS: 23 RESPONSES IN FAVOR COMMENTS RESPONSES IN OPPOSITION R. 0. W.= RIGHT OF WAY CASE+ 336-BA Special Exceptions may be granted in the following situations; a) To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruc- tion, extension, or enlargement does not prevent the return of the property to a conforming use. 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. 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, Sec. 30-37E.2. CASE+ 336-BA FAI The Board of Adjustment may grant a Special Exception from the requirements of the Zoning Ordinance if the request complies with one of the conditions listed in the Zoning Ordinance for special exceptions and if the Board finds that the special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. 0 Section 30-37 E. 2.(b)(2) authorizes an exception on yard requirements for corner lots. The subject tract (four lots) is located on the corner of Orleans and Franklin. The application complies with condition (b)(2). 0 Section 30-37 E. 2. (b) (3) authorizes 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 (setback). The applicants are requesting a special exception to reduce the yard or building setback from the property lines abutting Orleans and Franklin from the required 25 ft. to 5 ft. The furniture store located in the same platted block at Park and Blanchette is set back approximately 10-ft. from the property lines along both streets. Therefore, the applicants do not meet the requirements of this section because it would require that 10-ft. setbacks be implemented, not the 5-ft. as requested. The service station building located in the same block at Franklin and Park is setback even more from it's property line than the furniture store. 0 The special exception will not adversely effect the value and use of the adjacent or neighboring property and the special condition will not be contrary to the best public interest. The large Central Business District CBD, zone is less than two blocks distance from the proposed building site. In almost every instance there is no required building setback in the CBD. The proposed building plan will provide off street parking on site, but at the rear of the building, which will be more visually aesthetic. Law Offices are a commercial or personal service use and as such are a permitted use in the LI and CBD districts. The 25-ft. setback ( and sometimes 40 ft.) is a requirement to address nuisance characteristic typical to industrial uses, such as, noise, dust and fumes. The law office will not, of course, cause these kinds of emissions. This structure will be the first new building in this block in several decades. Although the adjacent lots are vacant, several building, within the general area are built on or near the right-of-way line. CASE+ 336-BA Finally, it should be noted that, although zoned LI the area is designated in the Comprehensive Plan as the "Central Business District". Rezoning the LI property between Main Street and Neches along Franklin Street and Milam would not be an unreasonable action nor would it detract from the intent of the Comprehensive Plan. 336—BA. Request for Special Exception to reduce yard Nok—THD requirements in LI Zoning District. APPLICANT: Mike Ramsey, et al A& SCALE 1/200 0 00 r/1 I lop 4- 0 4b • A\ lop % v 4-S 4PA. % % 1. 40 14 Oil 41 cc AL AM OWN L 1. AVC r A W'. Vd I