The URL can be used to link to this page

Home My WebLink About338-BASTAFF, REPORT CASE lOr 338-1 DATE: July 20, 1989 • BOARD • ADIUSTMENT • Planning Divisil REQUESTED ACTION: Variance to decrease the front and side yard requirements of Section 30-25 B.1., as provided for under Section 30-27 E.3. Property is zoned RCR (Residential Conservation and Revitalization) and located in Block 70, Van Wormer Addition. The Planning Division staff recommends that the Board deny the request for a variance for the following reasons: o Granting the variance would be contrary to the public interest; o No undue hardship has been demonstrated that relates to the physical condition of the building site nor any reasons presented to show why minimum yard requirements cannot be complied with; and o The spirit of the Zoning Ordinance will be observed by denying the variance. ■ The Don Lightfoot Construction Company has been hired to build a new 6,600 square foot, one story parish hall for the Cristo Rey Catholic Church. The proposed building will have a length of 125 feet and a width of approximately 50 feet. The church owns one-half block (1401 x 3001) which extends from Avenue "All to Orange. Forsythe forms the northerly boundary. The church and rectory front upon Avenue "A". The existing 3,734 square foot parish hall lies behind the rectory and extends back about 96 feet. The proposed parish hall would be connected to the existing hall at a 90 degree angle and lie adjacent to orange Street. The new building will be constructed upon Lot #1 and a portion of Lot #2. The individual lots front Forsythe and the alley is the rear property line. The new hall would have a rear yard of 14 feet. This is permitted in the RCR district as an exception under the regulations of Section 30-25 C.14. The building as proposed, however, will not be able to meet the front yard building setback requirement of 25 feet on Forsythe or the 10-foot exterior side yard on Orange. The contractor's site plan shows a proposed front yard of about one (1) foot and an exterior side yard along orange of approximately three (3) feet. The contractor does not choose to reduce the size of the building nor move it to another location on the church owned property. Exhibits are enclosed within this report. Note: The church property is located in the area that was a part of the Wall Street/Avenue IICII rezoning study conducted in the fall of 1987. Several blocks within the study area were changed from commrcial and industrial classifications to the RCR district. Most of this area is developed as a residential neighborhood. Don Lightfoot Construction 365 West Railroad Vidor, Texas 77662 409 - 769 - 5484 July 11, 1989 Planning Division, Room 240 City Hall, 801 Main Street Beaumont, Texas 77704 Subj: Proposed Cristo Rey Church Hall 767 Avenue A Beaumont a s mm Dear Sirs: This letter is to respectfully request a variance change for the subject property proposed to be located on Lot I thru 6, Block 70, Van Wormer Addition. In order to construct a building large- enough to justify the cost and serve the needs of the Church, we request that the 251 set back on Forsythe Street and the 101 set back on Orange Street be waived, It is our opinion that a new building of this type in this section of Beaumont would be an asset to all concerned. Thank you for your favorable consideration of this request. Yours very truly, Don Light t DL: rm t 1 1989 , A UCUSTINIAN FA THERS 767 Ave. A Pilo, 835-7788 Beaumoiit, Texas 77701 Planning Division P. 0. Box 3827 Room 220 Beaumont, Texas 77704 Dear Sir: June 30, 1989 This letter is regarding the proposed Cristo Rey hall to be located on the corner of Orange and Forsythe. We the parishioners have been long awaiting our new parish hall. Our hall will be more spacious, attractive and will be attached to our C.C.D. Center or Religious Education Center, We have been advised by our contractor, Don Lightfoot, that the setback property lines are the reason for the delay in starting the construction of our hall. Our hall is for parish activities, which means dinners, meetings, celebrations, English classes, educational fairs, etc. Even though the location is in a residential area, it will be for commercial use. Our new parish hall will enhance the appearance of the neighborhood and will in no way decrease the quality of the neighborhood. We are, therefore, asking you to please reconsider the setback property lines, so we can begin our really needed new parish hall. We thank you for your patience, understanding and reconsideration in this matter. Sincerely yours, President, Cristo Rey Parish Council Pastor, Cristo Rey Church CASE #7 3 3 8 -BA APPLICANT: Don Lightfoot PROPERTY OWNER: Cristo Rey Catholic Church STATUS OF APPLICANT: OWNER PROSPECTIVE BUYER TENANT X OTHER -- Contractor Corner of Forsythe and Orange. LOCATION: Church is 767 Avenue "A". Lots 1-6, Block 70, Van Wormer Addition. LEGAL DESCRIPTION: (Erpposed structure will lie on Lot 1 and Part of Lot 2) EXISTING ZONING: RCR (Residential Conservation and Revitalization) FLOOD HAZARD ZONE: X C (MpM4AL) * (MODERATE) * (100 YEAR) FLOODWAY SIZE OF PROPERTY: 0.96 ACRES (Entire Church ProPerty) EXISTING LAND USES: Church, Parish Hall, Parking Lot and Rectory. (Subject building site is vacant.) SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences RCR EAST: Vacant and Railroad Tracks LI SOUTH: Residences RCR WEST: Church Parking Lot and Residences RCR COMPREHENSIVE PLAN: Conservation and Revitalization A M 70N 1 �W, IN I STREET R.O.W.*Z DESIqMOON/R.O.W. Forsythe 601 / 201 Residential / 601 Orange 601 / 161 Residential / 601 Avenue "All 601 / 16 Residential / 601 WATER LINES (SIZE AND LOCATION) : Forsythe 611; orange 20"; Avenue "All 611. SANITARY SEWER (SIZE AND LOCATION): Orange 27"; Avenue "A" 12"; Also a 611 line in the alley. DRAINAGE: Forsythe open ditch; Orange 2711 storm sewer; Avenue "All 1811 storm sewer. FIRE PROTECTION: FIRE STATION NO. 1, 875 College Street. ADEQUACY OF FACILITIES AND SERVICES: The services and facilities as they exist are adequate for the proposed church hall. NOTICES MAILED TO PROPERTY OWNERS: 25 RESPONSES IN FAVOR R. 0. W.= RIGHT OF WAY CASE# 338-BA The Board of Adjustment is empowered to authorize a variance from a require- ment 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. 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 appli- cant or property owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. ANALYSIS,, Condition A: The contractor has proposed a new parish hall for the church containing 6,600 square feet. The existing parish hall has approximately 3,734 square feet. The new building (501 x 1251+) would lie along Orange Street and extend 14 feet north of the rear property line to within one (1) foot of the Forsythe Street right-of-way. Building setbacks or yards are essential to provide an adequate amount of light, air and privacy for occupants of adjacent structures and residences. Separation of buildings prevents the spread of fire and facilitates firefighting capabilities. Yards provide areas for greenery, landscaping, parking and recreation. Proper building separation through open space and yards helps in the reduction of noise and aids in the general and public service access to buildings and structures. Required open space and yards are in the public"s interest regarding the health and safety of our citizens. Granting the variance as requested would be contrary to the public interest. Condition B: The applicant has not demonstrated that unnecessary hardship to the property owner would result if the variance is refused. The lots in Block 70 of the Van Wormer Addition are 501 x 1401 and are similar to other lots in the immediate neighborhood in shape, topography and lot dimensions. The applicant has not provided information as to why the proposed hall cannot be reduced in size or constructed on other available vacant parts of the church property. No special physical condition unique to this property has been shown to exist. Compliance with the yard requirements of the CASE+338-1- Zoning ordinance may present an inconvenience to the Church or perhaps increase building construction costs, but a variance in this case is not warranted. Item relating to financial considerations and convenience are not grounds for approval. Condition c: This is an area of conservation and revitalization according to the land use diagram of the adopted Comprehensive Plan. Reinvestmentand revitalization is encouraged in these neighborhoods and the church has made a comitment to do that. However, building setbacks and yards provide additional protection to the very residents of these neighborhoods. Growth should not be accomplished to the detriment of the nearby neighbors. Setbacks are a major tool in controlling land use density. They can help protect the quality of life in an older, established neighborhood. Adequate light, air, privacy and noise abatement are very important aspects to consider in light of the existing residential development in the imTediate vicinity of this proposal. The applicant has not demonstrated any conditions or justifications that would permit a variance. FILE 338-BA. Request for a Variance to decrease the front NORTH and side yard requirements, Don Lightfoot Construction for Cristo Rey Catholic Church. SCALE 1 /200 i �6 y0 to y j Ulf �Dvh y / to - 6 , to r0 ♦ ``ti p ,rs 0 pIp y ► h ` aiG r by ryp V►4 o t0 r�66 t „ 0 �d t1y to hq �� r IS 0 vQ �, Vob ri a° oa tot t / V� ra / 0 �' V 1,, • «�! r' p ter '/"° �' / r• r �a e\ rti o rb r��,� Nat tbt v6 C ` p+ t a �F � - �) � tbs Z' 6 VVr 43 �h� V p� �r �•y yp + y �� tr�ha \61 c t '06,,. 4. • Vr� V* 6 `i7 Its 60 tf2 G t �'' trr ,r / to tba' G0to . 'ra trr `rt p�, trr �66 f) `tp r / �10 0 „blr0 � � ra f f' S' iy r is ,j 16 / to 54 r0!\