The URL can be used to link to this page

Home My WebLink About494-BADATE: April 3,2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the landscaping/screening requirement along the north and west property lines. FILE: 494-BA STAFF REPORT Michael Gammill, the property owner, is asking for a variance to the landscaping/screening requirements along the north and west sides of his property at 8825 Eastex Freeway. Section 30-31 of the Zoning Ordinance requires that whenever a commercial or industrial use is established on a property located adjacent to any residential zoning district, an 8tall opaque screening fence and 10'wide landscaped open -space buffer be installed. The property to the north and west of the subject property is zoned RS (Residential Single Family Dwelling) District. To the east is LI (Light Industrial) zoning and to the south is GC - MD (General Commercial -Multiple Family Dwelling) zoning. Mr. Gammill proposes to build a commercial building on the subject property. He states that the area is heavily wooded and that the nearest house is 250' away. Mr. Gammill owns the property immediately to the west and wishes to build his house on that property. The applicant shall have the burden of proof to show that the three conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 3 . Responses in Favor . Responses in Opposition Gammill Pneumatics, Inc. March 12, 2003 Board Of Adjustment City of Beaumont 801 Main Street Beaumont, Texas 77701 Reference: Application for Variance Gentlemen: Enclosed are the forms and our check 2391 for the filing fee of $ 200.00. Out• objective is to convey to the board that the requirement of an eight foot privacy fence and the ten foot wide landscape area would be unnecessary and cost prohibitive. After looking at the enclosed drawing and the lay out of the land, we think you will agree that the spirit of the ordinance will be served. Look forward to discussing this matter. Thank you for your help. Sincerely, Michael J. Gammill P.O. Box 7711, Beaumont, Texas 77726-7711 • (409) 899-2234 * Fax (409) 899-2239 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 otherwise prohibited, the Board is empowered to authorize 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. The area is heavly wooded. The nearest house is over 250 feet away and can not be seen from my 1.2 tract where I plan to build my shop. Therefore, it is safe to conclude that they, my neighbor, can not see us. 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 mew 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. Financial consideration is very important. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The area is so remote I'm sharing the cost of installing a water main, fire hydrant valving & etc. There is very little development in this area. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. FILE 494-BA: Request for a variance to the screening/landscaping requirements along NORTH the north and west sides of the property. Location: 8825 Eastex Freeway A Applicant: Michael Gammill SCALE V=400' RM-M RS JODY LI'l W Aill GC-M 1= 9 CHINN LN, HIGHWAY 699 96 & 287 cz (270' ROW) REF SEAR PER VOL 2192. PC DRX CALL SIO'4o'45T 22 CALL SIO*46'457 572.25' FNO 510`46*45E 575.25' 16157' CALL S11746,45r 163,74' C'a SIV44 f5itR SIO*46'45"E 2,38.4 �7' 5r 249.94 34 'r 164.92' FNO SET uLs YO FND sla4l 4 *c 250 77' 08 C ES S7, Fw 5/8. FND 11.2086 �ACRES w/CAp t, ROD POB Mcm 91, 4r"q 90 I W/CAP N08' 14 25 BROTHERS 2.00 ACRES 2.00 ACRES cn FM 3.0000 ACRES OmwN dOSCPH GARNET fRAWS W. HEnEY N OUT Or & AM -OF IT ONE GUILLORY AND & M)CHELLE HfnEY 20.315 ACRE TRACT UK WALTER S. POKER IkXPG JACQUrLINE F. Cr NO. 1999031662 b WALTER S. PARKER IN GUILLORY cn OPRJC 4"S E. PARKER CF NO. 1999043734 OPRX IN VOL 2192OpJC, PACE 380 PAC#X COJ MAY ef. 01) 0 5. P0205 SOUTHERN PACIFIC CO To G W.V, CALLAWAY el. at VOL 1379, PG253 ORIC _ qABANDONED S.P.R.R, 100' R.O.W. 1. R( rho 1. W/C 3 STAMJ ROD W7COAP RPLS , 4 *0 rNO NW26'01)y 160,22* NOS'14'25-W 236.56' CALL N08'I4'301W 160.28,, ✓ FNO NW1425'* 570.52' FHO N08"04'471W 907.22' CALL W14'02'W 906.94' 1[11 CHART OLD MIMI ROAD 5-29*W 125.t5' 5'29'W 12500' EJ-9 -W19. f-_� (60' ROW) 0': 3'27"W 50,03' 6 1 56 1W 49 43' 14'46*W 49,47' ,fk'W 4.36' IN 1 SET 908/6, w/w �? f f� 5 05 REMAINDER OF 20315 ACRE TRACT 1 MRS, WALTERS. PARKER WALTER S. PARKER ui 4A c (1110 0 DAMES E. PARKER VOL 21%XPAGE 380 t 3.00 ACRE ` GORY STARK & TOM REA44JNOER Or 1.128ACRES Cr No' 1999( OPRX .LAMES E. PARKER AND WALTER S. PARKER In FC NO. 105-23-2250 -NO /4 - OPRJC FND (�) Ir. R b FN0 L ROD W1 CAP nND 1. 1 R(e* J iROD114 D m— FND N0�8"17'46W TNO ' w —1257 100.41' C5 1. R6DCALL N08'14*3 TO THE OWWRS or THE PREMISES SURV? AS OF THE DATE OF THE SURVEY* SOUTHERN PACT i ISM,( W. IT LEY 00 HERESY CERW THAT THIS SURVEY R41LRW MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY R.O.W. HEREON AND IS CORRECT. ) FWD No bismPANcirs, sHoR ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ON THE THE GROUND, EXCEPT AS SHOWN HEREON. ALL RfOOM UVA NOTED PER AMRSON COUNTY MLL CO~ aF. Na 20020942 DATE SURVEWO; May 2, 2002 & MARK W WrTELEY - REGISTERED PROFESSIONAL LAND GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Michael J. Gammill PROPERTY OWNER: Same LOCATION: 8825 Eastex Freeway LEGAL DESCRIPTION: 1,2086 acre tract of land out of the W. B EXISTINGZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residence and vacant EAST: Eastex Freeway SOUTH: Vacant WEST: Vacant COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Dyches Survey, Abstract No. 17 GC -MD (General Commercial -Multiple Family Dwelling) District 1.2086 acres, more or less Vacant "X" - areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District GC -MD (General Commercial -Multiple Family Dwelling) District GC -MD RS Activity Corridor None Eastex Freeway - freeway with varying right- of-way widths and pavement widths Curb and gutter Old Voth Road - 16" water line Old Voth Road - 10" sanitary sewer line GENERAL INFORMATION/PUBLIC UTILITIES Continued FIRE PROTECTION: Fire protection is provided by Station# 14, 8250 Old Voth Road. ADEQUACY OF SERVICE: Services are adequate.