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Home My WebLink About421-BADATE: December 3,1998 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to allow an accessory commercial use (coin -operated automatic water dispenser) to lie within 5' of a front property line in an NC (Neighborhood Commercial) District. FILE: 421-BA STAFF REPORT The applicant wishes to place one of his 14'x 16'water dispensers on the edge of the parking lot in the shopping center located at 3800 Calder Avenue and Twenty -Third Street. The NC District regulation requires a 20' setback from the front property line for commercial uses. The applicant requests a 5' setback at the front of the parking lot so as not to interfere with traffic in the parking lot aisles. This would place the coin -operated facility east of a retail flower stand that already exists on the site near the north or front property line. Mr. Charles Weinbaum, owns the shopping center. The applicant has 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 20 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lots 1-8, Block 2, Laurel Heights Addition to the City of Beaumont, Jefferson County, Texas. I 1/ 12/9$ 1 ?- 42 Z 5129932221 P. 0 1 PUJW WATER ommmwc CORPUS CHANIPM) MIX45 MIJ Phonc (512) 993-1466 Fox (.512) 993-2221 Board of AdJustmont Atto. Murray Dumpi PO Box 3827 77704 Beaumont, Tcxas 77701 Fox tr(mmlission; TO: (40) $180-3133 Nit. Murray Duren: Pure Wator OutIcts haN lua cci a site &011) Mr, ('fiarhcs Weinbaum oil Ili,.; parhi%) lot I oc; 3800 Calder Rd. in flit V4 sliml, Shopping (:Qjjjer parking lot. ilcdat We have picked a spot next to the car stop at 111v vdg(; of tile , Parking lot nQX( to Calder StrvCt, Our Architoot that acwrding to City oodu drat we would have to locate tll(; Water oullot 20 fcoj off of the property line, infolillo ui;, if we place the Outlet at that lmtlon, %vo would tic ill IN middle of a driving huic and %vuul(l disrupt tbc flow or traffiC,, '1110 Outlet would also bc. in a location that would Qauso lilujumoury hardship oil vmorj;vncy vehicles that may nNd to Use, the ' parking lot. F urtlwrnrurc, the Outlet would disk, be in a location that Would be, detrimental to ffic shopping center patrons turd Imors, as NVO would bu utilizing 1)arking places thin are, aitcady ill use on busy days, Tire locations "Ist 10 1110 Cal' stop, Which is next to the grass median that border$ (alder, jR the 'don' 10'ent'031- Its locatlo" is out of the W1lY Of al MAMC, N9,11-diess ofthe type of traffic, i.e,, 001191.11ner, security or ctim,goticy vehicle,$, If there Is any other infornlatioll that YOU 1100 plo'Ise let me know, Bost Regards, Stove Joneq, Proid P.8 14nrd Copy will hollow Nvith site, plali NOV-03-1998- 16:56 WEINBAUM INSURANCE 409 833 1254 P.02/03 VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The Board of Adjbstment 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). f -"i 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: -CON-0-TTION That the granting of the variance will not be contrary to the public interest. The location requested is out of all lanes of traffic and is located in an area that requires the least amount of work to run power and water to the location. At the location requested, there is no hindrance for access to the shopping center for any safety reasons, ie. fire, medical or other emergency matters. The location requested does not interfere in any way with security, safety or traffic visual neO.ds. CONDITION 13: That literal enforccmcnt 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 most not result from the applicant or owner's own actions. If we comply with the literal enforcemnt of the ordinance it will result in unnecessary hardship because it would place the outlet in the middle of a driving lane. This would interfere with the flow of traffic, obstruct emergency vehicle access, obscure and elemenate parking CONDITION : That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. By granting this variance the shopping center will remain functional as it is at this time. Traffic flow will not change, safety concerns will be enhanced by better security and safety vehicle (emergency) traffic will not be hindered. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE, Applicant's signature: Date: Q�, . ........ AC 2-1-0z— \\ NO RTI I / [i`ljX 421-13j :Recluest for a variance of a con-anercial accessmy structure setback for an automatic water dispenser in an NC (Neighborhood Commercial) District, Location: 3800 Calder ((i),, 23rd Street SCALK Applicant. Pure Water Outlets 1 11=2001 4s '20tRM LwJ -_ LLI MIWI AR, r0 l o - re to "30 '50 --1 %-7; 50 410 dxj� 12 z L--a0 N CALDER AVE, N Of 76Td-5 w to 00 �q � v x SUBJ ECT .9 !fib M LAUREL AVE, L K I L� PHELAN BLVD. — I — - NMI'- M-40 4 0 0 1.40 X aoszo *?-so 070 No, Q jo $5 J'F It PERLSMN PARK t4.10-001, jol,-# its Itri t6 I ro, I — : r * 9 .—d & h5m to 1JJ 4d LAUREL to "1 51 HOLLAND DRIVE 0 < 10 b 77- (IV 0 4? 5 z 0 00 (L 0. O—j ri R am -p- ' ry I./ f |�----xn | 9 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Pure Water Outlets, by Steven Jones, et a]. PROPERTY OWNER: Charles Weinbaum STATUS OF APPLICANT: Lessee LOCATION: 3800 Calder Avenue at 23rd Street EXISTING ZONING: NC (Neighborhood Commercial) District PROPERTY SIZE: 2.66 acres, more or less EXISTING LAND USES: Neighborhood Shopping Center FLOOD HAZARD ZONE: "C" - Minimal flood hazard SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Retail commercial NC (Neighborhood Commercial) District SOUTH: Retail commercial GC -MD (General Commercial -Multiple Family Dwelling) WEST: Retail commercial COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: District GC -MD Stable Area None Calder Avenue on the north side, 23rd Street on the west side and Phelan Boulevard on the south side. Storm sewers and surface drainage. Existing Existing GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Station #4, West Lucas at Gladys. ADEQUACY OF SERVICE: Existing and proposed services and utilities are adequate.