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Home My WebLink About337-BASTAFF REPORT CASE 4- 337-M FROM: Planning Division REQUESTED ACTION: A request for a variance from the lot width requirements of the Zoning Ordinance for proposed lots in the Villiva' Lane Addition; subject property being zoned LI (Light Industrial) and located in the 800 to 900 block of Villiva lane. Staff recommends approval of the requested variance to reduce the 100 foot wide lot width requirement to the widths shown on the final plat of the Villiva Lane Addition for the following reasons: o Granting of the variance will not be contrary to the public interest; o Literal enforcement of the ordinance will result in unnecessary hardship due to the unique condition of the specific piece of property, said situation not because of the property owner's own actions; and o By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. CASE# 337-BA This is a request for a variance from the lot width requirements of the zoning ordinance (Sec. 30-25 B.3.) for proposed lots in the Villiva Lane Addition, a variance being permitted under Sec. 30- 37 E.3. The property is zoned Li (Light Industrial). The property presently is one 2.369 acre tract developed with four single family residences. The owner wishes to divide the property into six individual lots and submitted a subdivision plat for that purpose to the Planning Comission. The zoning ordinance requires that lots in the industrial zone districts have minimum lot widths of 100 feet. This application is a request asking for approval to subdivide 5 of the 6 lots with widths of less than 100 feet. This property is located along the north side of Villiva Lane in the 800 and 900 blocks. The tract is situated east of Spur 380 (Martin Luther King, Jr. Parkway) and adjacent and southwest of the KCS Railroad (city limits). Matt Racki is representing D.C. Crumpler, the land owner. Exhibits are attached to this report. REGISTEREO PROFESSIONAL ENOINCER TO : BOARD OF ADJUSTMENT CITY HALL BEAUMNT,TEXAS 77701 MATT M. RACKS, INC. CIVIL ENGINEERING CONSULTANT 1280 WEST LUCAS ORIVC AT OLAOYS STREET BEAUMONT, TEXAS 77706 TeLep"oNt (409) 892.2006 N Mr. D.C.Crumpler,2952 Davis Road,,West Lake,Louisiana is the land which is located along and adjacent to the north line WE Freeway and the K.C.S.RR right-of-way line opposite iO University. REOISTERCO PUBLIC SURVEYOR owner of a tract of of Villiva Lane between In the 1920's this tract of land was developed into residential property many years prior to being brought into the City Limits of Beaumnt.Th this day the property still has four residence located thereon and W. Crunpler has a buyer for one of these houses. Howeever,having never been in a recorded platted subdivision,it became necessay to plat the property which has been done.7he name of the subdivision -is Villiva Lane Subdivision but another problem arises because the area is zoned industrial.industrial zoning lots require an area of 10,000 square feet each plus a minim= of 1001 frontage for eack lot.We can easily meet the 10,000 square foot area requirenent,but the 1001frontage re- quirement places each lot line thru one of the houses which is an impossible situation. Instead of a 1001 frontage requiremnt,the developer proposes to leave the lot lines as they have been for these some 60 odd years and extend the depth of the lots to give at least 10,000 square feet to each lot.This proposal is reflected on the plat of this subdivision which has been given conditional approval by the City Planning & Zoning Commission. It is requested that the variance for lot frontage requirement be given to Villiva Lane Subdivison in'accordance with the conditionally approved action by theCity Plann- ing & Zoning Commission, X_X4_tr . Matt M. !&-c-U, P. E. Engineer for the Developer. Mc SIL OIL CORD, I LLI VA, LANE- A'C>0Irl oN WSA►S CITY S ��` i___.O G A,"C 10 N1 M AP I 1 N FINAL PLAT OF V i LLIVA LANE ADDITION BEING A 2.3e09 ACRE TRACT OF LAND, OUT OF THE J.W. BULLOCK SURVEY A-7 BEAUMoNT,JEFFER50N COU1JlY17EXA5 M ARCN , ►°►85 a ci 0 U,, U,, CL -j m >: o Na. ol Qc'6ul fi�nj >tn 0 ol U) ...... �i :,)-,L- ov LWL a� p`3 h 3-40, '�Z o00 N 7 7 7 7 7 7 7 La 01 "El ---..796'OZ LO, vo 00 g — (In 'Ir 7 d a; 3�� H �' ai r V) In ui bh;wo O)ams ? i'mia q46'01-1 111-40,92,00 9\--- 3, dp O T LO to T In OD o .'76'04 T6 -oz- I-1_AA,90.00N Gp` uadJ I w u7 t [f p �) ) Of 01 C3 -7j "A f per .............. 20 /0.00 c 7- uj .,2 0.10 , 00 N I CASE* 337-BA STATUS OF APPLICANT: OWNER PROSPECTIVE BUYER TENANT X OTHER -- consulting Engineer !!�OCATION: 800 - 900 Block of Villiva Lane, east of Spur 380. Proposed as lots 1-6, Villiva Lane Addition LEGAL DESCRIPTION: (Known as Tract 164, Tax Plat B-16, J.W. Bullock SgnLey) EXISTING ZONING: Li (Light Industrial) FLOOD HAZARD ZONE: X C OMMML) * (MODERATE) * (100 YEAR) FLOODWAY SIZE OF PROPERTY: 2.369 ACRES (Entire Subdivision) EXISTING LAND USES: Four frame dwellings, 2 vacant tracts and a GSU Company power sub -station. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: RCS Railroad Li EAST: Petroleum Storage Tanks, outside City Limits Refinery. SOUTH: Warehouses IZ WEST: Part of Lamar University, GC -MD and RS Bread Company, Spur 380 (MIK Parkway). IVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None. EXTS CCNPfdUjMSIVE PLAN: STREET R.O.W.*ZPAVEMENT DESIQMT10N R.O.W. Villiva lane 401 / 161 Residential 401 WATER LINES (SIZE AND LOCATION): 2" in Villiva SANITARY SEWER (SIZE AND LOCATION): 811 in Villiva DRAINAGE: Surface drainage. FIRE PROTECTION: FIRE STATION NO. 3, Kenneth at Brockmn. ADEQUACY OF FACILITIES AND 'SERVICES : There is an existing eight (8) inch sanitary sewer line on the south side of Villiva Lane that currently provides sewer service to Lots 1 to 4. The sewer line begins at a manhole in MLK and ends in the middle of Lot 4. There is no existing sanitary sewer service to Lots 5 and 6. However, since this is such a short distance (less than 100 feet) the sanitary sewer line could I be extended to serve these lots under the City's Pro-Rata Program (Beaumont Code, Article IV, Sections 28-80 to 28- 88) ... Water utilities Administration (4-17-89). 0- 0 wmm L, [oil N I a IN 01 NOTICES MAILED TO PROPERTY OWNERS: Seven (7 L RESPONSES IN FAVOR 10141VTOUWAM RESPONSES IN OPPOSITION R. O. W.= RIGHT OF WAY 337-M 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. W92= Condition A: Granting the variance will not be contrary to the public interest. This property was developed during the 1920's with four dwellings but never subdivided. It was annexed into the city in this condition in 1946. It was given the LI (Light Industrial) zoning classification under the original zoning ordinance in 1955 because the area was generally developed along Spur 380 in heavy commercial and industrial uses. Villiva Lane is a short (5001) dead end street. Right- of-way for the street crossing the ECS Railroad right-of-way leading outside the city was abandoned by ordinance in 1962. The variance will merely allow the present owner of the tract to divide it into six lots so that the existing home sites can be sold to the present occupants or to others. The Planning Commission on May 1, 1989 approved a final plat for the Villiva Lane Addition subject to the condition that the owner apply for and receive a variance from the Board of Adjustment. Condition B: Literal enforcement of the ordinance would result in an unnecessary hardship to the present owner of this irregular shaped (triangular) tract of land. Light Industrial zoning requires each new lot to have a minimum width of 100 feet. The owner wishes to maintain the same fence lines that have existed for the four existing residences (Lots 1 through 4) for over 60 years. The residences lie between 25-35 feet apart. The six proposed lots will meet the 10,000 square foot area and exceed the 100 foot depth requirement of the ordinance for industrial zoning. Lot 5 is vacant and Lot 6 is also, except for a GSU Conpany easement containing a power sub -station. The owner acquired the property in its present condition and cannot sell individual lots unless he can file a subdivision plat under the rules and regulations of the zoning CASE+ 337-BA (Continued) ordinance and the subdivision ordinance. Development of lot numbers 5 and 6 will not be for residential uses if they are developed at all within the next few years. Condition C: By granting the variance substantial justice will be done. The owner cannot subdivide this 2.369 acre tract any other logical way and still comply with the subdivision ordinance. changing the tract from IT (Light Industrial) to RS (Residential Single -Family Dwelling) would be spot zoning. The variance will allow him to have his plat filed for record and provide the opportunity for home ownership for the four existing houses on lots 1-4. This is in the spirit of the ordinance, not contrary to the Comprehensive Plan and a proper way to divide an irregular shaped tract of land. LI 337-aA Request for a variance from the lot width require- NORTH ments of the Zoning Ordinance for proposed lots in the Villiva Lane Addition. SCALE 1/200 0 4" 00 SUBJECT R 40