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HomeMy WebLinkAbout499-BADATE: June 5, 2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the minimum rear yard building setback of 10' to 5'. Elias Sarkis, the applicant, is requesting a variance to the minimum rear yard building setback of I O'to 51or a new convenience store/gas station being built at 5710 Highway 105. This new construction will replace an old gas station that was demolished earlier this year. Mr. Sarkis states that due to the site layout and city regulations concerning landscaping and parking spaces, there is a need to move the building to within 5' of the rear property line. In addition, he feels that customer safety could be jeopardized if the setback is not reduced. Mr. Sarkis states that a minimum of 56' is needed between the gasoline canopy and the storefront for customer safety, accessibility and convenience. A minimum of 28'is also needed between the gasoline pumps and the front property line for customer safety and accessibility. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 7 . Responses in Favor . Responses in Opposition TRI-CON, INCO Wholesale Petroleum & Lubricant Distributors Jri-Con, Inc. P.O. Box 20555 Beaumont, Texas 77720-0555 Phone: (409) 835-2237 Fax: (409) 838-1925 wwvy.tnqgCLtnc.or_q April 22, 2003 Steve Richardson City Hall Planning Division 801 Main Street Beaumont, Texas 77701 RE: Variance Application - Dear Mr. Richardson, Commercial / Fleet / Marine / Industrial 5710 Highway 105 Beaumont, Texas This tract was formerly occupied by a convenient store/gas station and is adjacent to a general commercial property (Market Basket) and a distance of a minimum of 300' of parking lot between our property and the neighboring grocery store. The former building has been demolished and plans for a new store have been developed. Tri-Con, Inc. respectfully requests the City ordinance of a 10' setback at the rear of the property be reduced to a 5' setback for the following reasons: Certain restrictions have arisen due to spacing requirements such as: a. A minimum of 5' of landscaping along Highway 105 frontage must be established to comply with the city ordinance and to maintain image standards set forth by the intended gasoline company brand. b. A minimum of 56' is needed between the gasoline canopy and the storefront for customer safety, accessibility, and convenience. c. A minimum of 28' is needed between the gasoline pumps and property line for customer safety, accessibility, and convenience. ,rri-Con, Inc. respectfully requests the City ordinance of a 10' setback be reduced to a 5' setback to accommodate the above requirements. If you have any questions or require additional information, please don't hesitate to call me at (409) 835-2237. Sincerely, Elias Sarkis President PO- Box 20555. Beaumont, TX 77720-0555 - Phvsical: 7076 West Pori Arthur Road. BeaUrnont, TX 77705 VARIANCE SUPPLEMENTAL APPLICATION FORAI BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as oLhcr\Nise prohibited. the Board is empowered to�auffiorize a variance from a requirement 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. Granting this variance will be positive to the public interest in that it will provide customers necessary room to safely maneuver in and out of the property. This will be a modern convenience store with gasoline retail and a car wash that will be replacing an outdated (60 year old) gas station. (see photo) 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 owner's own actions. Due to the size and very limited depth of this property, it would be impossible to construct our facility and meet other city ordinances such as -clearance areas, parking spaces, landscaping requirements, and customer safety if the city does not reduce the frontage setback requirements. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The spirit and integrity of the,ordinance will be observed in that we are not asking to completely disregard the ordinance, only to reasonably modify the ordinance. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Date: !�6 2 A FILE 499-BA: Request for a variance from the minimum rear yard building setback NORTH from 10' to 51. Location: 5710 Highway 105 Applicant: T'ri-Con, Inc. SCALE V=200' .16 WN ® s• 4 J+s ,ter . /I t &V f i er+�i ,/fit I III-0 I SCALM I-M Site Plan 8 Tri-Con7lnc. Hwy 105/Hwy 69 1 4-24-2003 " Petroleum Solutionq GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Elias Sarkis PROPERTY OWNER: Martin C. Bush LOCATION: 5710 Highway 105 LEGAL DESCRIPTION: Tract A out of Lot I out of Lot 2, Block 2, W, E. Johnson Addition EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0,74 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC -MD (General Conimercial-Multiple Family Dwelling) District EAST: H%vy. 69. commercial GC -MD SOUTH: Commercial GC -MD WEST: Commercial GC -MD COMPREHENSIVE PLAN: Regional Commercial Center OTHER PHYSICAL FEATURES: Site of former gas station STREETS: Highway 69 - freeway with four lanes divided and a varying right-of-way width; Highway 105 - major arterial with 5 lanes and an undetermined right-of-way width DRAINAGE: Curb and gutter WATER: Highway 69 - 16" water line Highway 105 - 8" water line GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: Highway 105 - 8" and 12" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #8, 6297 Highway 105. ADEQUACY OF SERVICE: Services are adequate.