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HomeMy WebLinkAbout339-BA;i�TAFF REPORT CASE -#r 339-BA DATE: July 25, 1989 FROM: Planning Division REQUESTED ACTION: Request for a special exception to allow for the enlargement of a nonconforming convenience store and washateria at 4015 Park on property zoned RS (Residential Single -Family Dwelling). Lots 8 through 10, Block 21, W.W. Chaison Addition. staff recommends that the requested special exception be approved for the renovation and enlargement of the convenience store and washateria on Lots 9 and 10. However, staff recommends denial of the applicant's request to expand his commercial business onto Lot 8 which would denote commercial expansion on RS designated property. Staff also recommends that the parking as proposed on Lots 9 and 10 be approved as being adequate for the use. The applicant meets the following conditions of approval for special exceptions: o meets Condition A; whereas it provides for the reconstruction, extension, or enlargement of a building occupied by a nonconforming use on Lots 9 and 10 as long as the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. o Meets Condition C; gives the Board the authority to waive or reduce off-street parking when the Board finds the same unnecessary for the proposed use of the building for which the special exception request applies. Staff recommends the additional conditions that if in the future the north extension of the building is removed then that vacant area only be used as open space or for additional parking. Also the use of that portion of the building shall be limited to storage related to the attached washateria, and convenience store. CASE+ 339-BA PROJECT INFORMATION Hossein Ghanbari, the applicant, is requesting a special exception to allow for the renovation and enlargement of a nonconforming convenience store and washateria at 4015 Park Street on property zoned RS (Residential Single -Family Dwelling), described as Lots 8, 9 and 10, Block 21, W.W. Chaison Addition. Mr. Ghanbari is the owner of the above mentioned property. The existing building which houses the store and washateria was built in 1959 and lies on Lots 8 and 9 of Block 21. The building is wood -framed and according to the applicant is in deteriorated condition. Mr. Ghanbari wishes to enlarge the south side of the building which is situated on Lot 9 from its existing size of 24 feet in width and 100 feet in length to a proposed 40 feet ' width by 100 feet length. According to the applicant, the enlarged structure will be a metal building and will meet or exceed present City of Beaumont building and fire codes. This structure will house both the store and washateria. The applicant plans to let the north extension of the existing building remain. The building extension lies on Lot 10 and will be used as a storage area. Mr. Ghanbari also desires to use Lot 8 for additional concrete paved parking for his store. In March 1988, the applicant made a request to the Planning Commission for a zone change from RS to RCR and a Specific Use Permit for his property at 4015 Park Street, all inclusive of Lots 6, 7, 8, 9 and 10 lying between Nolan and Lavaca, to allow new construction of a convenience store and washateria. The request also included conversion of the existing store and washateria into four apartment units. The Planning Commission recommended denial of the request by a unanimous vote. The above request was later denied by City Council on April 5, 1988. Later in April 1989, Mr. Ghanbari made another request for a zone change from RS to RCR and Specific Use Permit to allow for the construction of a convenience store and washateria. at 4015 Park Street; however, only Lots 8, 9 and 10 were included in the request. The Planning commission again unanimously denied the request. On May 15, 1989, City Council followed suit and also unanimously denied the request. The property had originally been zoned R-3 in 1955 and rezoned to single family a few years ago after the South Park rezoning study was concluded. The City has mandated its intention to remove all R-3 districts in the city. Beaumont Board of Adjustment Room 240 City Hall, 801 Main Street Gentlemen: Regarding the attached variance application for the expansion of my present convenience store and washateria. I wish to offer the following facts. I The property for the variance application located one L8-9-10 block 21 Chaison Addition is owned by me and will be used for expanding my present business. The property has an. old convenience store and a washateria. The store was built in 1959 and is almost 30 years old. The roof is leaking in stores storage room and washateria. Most of the wood is rotten and termite is all over ceiling and the electrical wiring is 30 years old. I need to replace the old building with new metal so that I can serve our customers letter. Virtually every customer and neighbor supports our proposal by sip ming petition (attached sheets). The new building adds to the value of the neighboring properties and makes this area look nicer. New parking lot well -lighted will be built to replace the small one we are using now, and an 8 ft high wood fence will protect neighboring dwellings from our business operations and traffic ' . New attractive landscaping will replace our existing landscape and will include the planting with new trees and ornamental hedges. All new construction on site will certainly meet or exceed present city of Beaumont codes, standards and specifications for new construction. My present facility will continue operations to serve our n-eighborhood residents during construction of the new store and washateria. If I may answer any questions regarding our new construction please contact me at any time. Respectfully yours, HOSSEIN - GHANBARI 4085 Park Street Beaumont, Texas 77705 (409) 835-0230 (409) 835-2438 lk- I A3-1-lV foZ , IJ--T- OD w 0 > U- < 0 CL Z a , z 0 CL 0 0. 0. Z a. r 1001 z CD uj no x w I ifa> -i , E) cn lq* LO r— C W 0 w cr ► Z 4- X-lVM3(118 M3N Z=) z w (0 U) 0), cj CO cr) (0 0 NI. w(D 0 F- CD w X Z w j7_0 CO Cl) z < 0 0 0 0 cr z w CL Otl I - - - ------- -- 0- 3A180 ONIISIX3 '18 uelON Cl) m ii • a • CASE# 339-BA GENERAL INFORMATION APPLICANT: Hossein Ghanbari - PROPERTY OWNER: Hossein Ghanbari STATUS OF APPLICANT: X OWNER PROSPECTIVE BUYER TENANT OTHER LOCATION: 4015 Park Street LEGAL DESCRIPTION: Lots 8-10, Block 21,- W.W. Chaison Addition EXISTING ZONING: RS (Residential Sin( le -Family Dwelling District) FLOOD HAZARD ZONE: X C (MRMIAL) B (MODER�TE) A (100 YEAR) FLOODWAY 0 SIZE OF PROPERTY: 0.48 ACRES Drive In Convenience Store, EXISTING LAND USES: Washateria. and Single Family Residence. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Single Family Residential RS EAST: Single Family Residential RS SOUTH: Single Family Residential RS WEST : Single Family Residential RS COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STIZ= Park Street Nolan Street Lavaca Street ISTING: R.O.W. 601 / 201 501 18' 601 441 WATER LINES (SIZE AND LOCATION): CASE + 3-39- 211 water line in Nolan Street; 811 water line in Park. SANITARY SEWER (SIZE AND LOCATION): loll sanitary sewer line in Nolan Street; 611 sanitary sewer line in Lavaca Street. DRAINAGE: 2411 storm sewer in Nolan Street 2411 storm sewer in Park Street 3011 storm sewer in Lavaca Street FIRE PROTECTION: FIRE STATION NO. 3, Kenneth and Brockman ADEQUACY OF FACILITIES AND SERVICES: Facilities and services are adequate for the proposed use. Im -.14 [42 0 Loll I IT= mo WAI I oil 00i NOTICES MAILED TO PROPERTY OWNERS: 22 RESPONSES IN FAVOR RESPONSES IN OPPOSITION COMMENTS * R. 0. W.z RIGHT OF V�AY CASE + 339-BA 0 0 A �mmsjr.'IMMMMMMII 1610k I HEM 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 identification signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regulation. 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 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. 6) 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. SOURCE: City of Beaumont Zoning Ordinance, Sec. 30-37E.2. CASE + 339-BA 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 • •• exceptions and if the Board finds that the special exception will not adversely effect the value and use of adjacent or neighboring property or be contrary to the •* public interest. o Section 30-37 E.2. (a) authorizes that a special exception may be granted to reconstruct, extend or enlarge a building occupied by a nonconforming use on a lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. In this case, the applicant will conform to the above condition by enlarging and reconstructing the structure housing the store and washateria; however, the enlargement and reconstruction will not prevent the return of the property to a conforming use. o The request for the applicant's wish to use Lot 8 for additional paved parking denotes commercial use expansion of the property which is designated RS (Residential Single -Family Dwelling). This use can only be accomplished through the public hearing process before the Planning Commission and City Council with a request by the applicant to rezone the property to a zone which would allow such use. As noted in the Project Information section, the applicant was twice denied zone change and specific use permit requests by City Council prior to this application. o Section 30-37 E.2.(c) authorizes a special exception may be granted 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. For the application as proposed, the Engineering Division advised that 21 parking spaces are needed for the proposed structure enlargement. The parking on Lots 9 and 10 provide for 12 parking spaces. Staff recommends that the parking requirements be reduced to the 12 parking spaces as proposed. Staff feels the reduction is proper and adequate for the proposed use since little or no increase in business traffic is expected through the granting of this request. The store and washateria will still serve the same clientele within the neighborhood. An enlargement of the business on the same two lots will have little or no affect on business traffic. Also, with the remaining portion (north extension) being used only as storage space a net loss of approximately 80 square feet of floor space will exist after the building enlargement. The existing building yields 4100 square feet with approximately 20 square feet of floor space being used for storage. The enlarged building will yield only 4000 square feet of floor space. Therefore, parking and the increase in use should not be impacted by way of the net loss in retail floor size. Thus, the parking reduction will not adversely affect the value or use of adjacent or neighboring properties. CASE + 339-El ANALYSIS I Staff recommends that the Board approve through a special excepticM the parking as proposed. • if in the future the aPPlicarZ removes the ex4sting north extension of the building, the appli shall use the vacant •. for additional parking • as ••^ •. o The special exception will not adversely affect the value and use Of the adjacent or neighboring property and the special condition Will not be contrary to the best public interest. The store and washateria, has been serving this neighborhood community for approximately 30 years. There are no other convenience stores or washaterias within the immediate vicinity. If a special exception to enlarge and renovate the present structure is granted, the property owner will be able to reconstruct a facility which meets all current city codes. As stated earlier, business traffic is not expected to increase. The store and washateria serve only the surrounding neighborhood which is not expected to be a significant growth area of the city in the near future. ISO 10 .60 --- 0 Mc, Pipkin 00 X7 .0 go n 0 FILE 339- BA. Request for a -Special Exception to allow NORTH for the enlargement of a non -conforming convenience store o and washateria at 4015 Park. Property zoned RS. SCALE APPLICANT: Hossein Ghanbari 1/200 4 54 • 4 4 12 ry r? I Brockman 140 140 140 140 —K— Wo If 1 CL 00 > r UA 0 W so L.L 4 0 (0 ,�00 -40 4 0 140 so 0 71 C Nolan 1*0 '40 10 0 14 60 140 140 .1 do 0 .40 aRU W '40 L V CA East Lavaca lea 7 Ft , 4 *V Essex an AM LX W­ 'V A$ 114 bv d, JV j At