HomeMy WebLinkAbout422-BADATE: December 3,1998
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for a variance to build within 1.5' of external side yards in a GC -MD
(General Commercial -Multiple Family Dwelling) District where a 10' setback is
required.
FILE: 422-BA
STAFF REPORT
Air Comfort, Inc. wishes to build a 50'x 100'addition to the rear of the existing company
structure at 625 N. Main Street. The existing building, constructed sometime during the
I 940's, was built 18 " from the side property lines along the North Street and Magazine Street
sides of the site. Setbacks for commercial and industrial districts were adopted in 1981. The
owners wish to continue the existing building lines.
The existing 17 V x 100' building fronts to the east on N, Main Street. The distance from the
rear of the proposed building extension to the rear or west property line is 25 feet. The
remaining 150' extending west to N. Pearl Street is developed with a paved parking lot used
by St. Marks Church, There is a DD#6 underground ditch enclosed in concrete lying
diagonally across the parking lot. No structures will be permitted over the drainage
casement. The surrounding land uses are industrial, commercial, institutional and vacant
tracts.
The applicant has the burden of proof to demonstrate that all three of the conditions
necessary for a variance have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 12 ,
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being the east half of Lot 3 and all of Lots 4, 5, 6 and 7, Block 8, Kirby Addition to the City
of Beaumont, Jefferson County, Texas.
MARINE
COMMERCIAL
INDUSTRIAL
RESIDENTIAL
November 12, 1998
Planning Division, City Hall
Board of Adjustment
801 Main Street, Room 210
Beaumont, Texas 77701
Dear Board Members,
625 N. Main
P.U. Box 1549
Beaumont, Texas 77704
(409) 833-5665
Fax (409) 833-3001
We have submitted a request for a variance of the addition onto our existing building. I
hope that you will grant our request, as it is vital to our continued growth and the
improvement of the appearance of our building. The improvements that we are making
are to provide our employees a better workplace and present a more professional
appearance to our customers.
Just to give you a brief history of Air Comfort: I purchased the company from the
Cornell family in 1988. At that time there were 10 employees and the company was on
the verge of closing the doors. From day one, we set out to change the direction of this
well known company by expanding its existing market and introducing new markets to
insure our stability. The markets that we are in are local residential, commercial,
industrial, and marine. Today, ten years later, we are very active in all these markets,
with a workforce of 48 people. We are recognized as a qualified air conditioning
contractor in the local and surrounding communities. In the marine offshore market, we
are known all along the gulf coast and internationally.
Our profitability in the past few years has allowed us to put money aside for this needed
expansion and facelift. This will help to reassure our customers that we are a stable,
organized company that has been in Beaumont since 1954. This expansion will satisfy
our present needs and allow us room for continued growth, which could mean an increase
in our workforce.
We think the variance should be granted because we would be keeping with the easement
guidelines of the surrounding buildings, It should be noted that the zoning to the north
and east of our building is "heavy commercial" and one block over to the south (Calder
and Main St.) is the "City Building District." The variance we are requesting would put
us within the same guidelines as the zoning in all the areas around us.
Please review the enclosed drawings and pictures that we are submitting.
We respectfully request that you grant our variance.
Sincerely,
Danny Babine x
President
Eric.
VARIANCE SUPPLEMENTAL APPLICATION FORM
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 deinonstrate 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 existing building was built within approximately 18 inches of the property
line sometime in the 1940's. It is the only building on the entire block, and
will remain so because of the storm drainage that runs through the parking lot
directly behind our building. The drainage district will not allow any structure
to build on that property. The Air Comfort building will always be the only
building on the block.,
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.
The addition to the existing building will change the physical shape of the west
side of the building. It is unsightly in it's shape, physical condition, and is
not asthetically - -pleasing to visitors coming into the downtown area from the-IH-10
exit. Changing the width of the addition to meet present codes would not allow us
to hide the unsightly shape of the west side of the building. It would still be
visible, as it will be an extension of the existing building, which is very close
to the property line. It would look distorted and cheap, which is exactly the
opposite of what we are trying to achieve by making these improvements.
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
The addition to the existing building will greatly enhance the appearance of both
Air Comfort, Inc. and the surrounding area. It is in keeping with the improvement
of downtown Beaumont and the standards of surrounding buildings. It should be very
impressive to visitors coming into the downtown area, as,lit.ig quite visible from
the IH-10 exit and entrances. This addition will also allow the expansion of Air
Comfort, which will in turn provide business for the Beaumont economy and workforce.
It will allow us the room needed to fulfill existing and future contracts.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's signature: November 2, 1998
-�O 0 1 - FILE 422-BA: Variance request for the external side yard setback in an GC-Nff) (Cieneral
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AdS !1 Commercial - Multiple Family Dwelling.) Distfict.
Location: 625 N. Main SCALE
Applicant: Air Comfort, Inc. lot
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Air Comfort, Inc.
PROPERTY OWNER: Danny Babineaux
STATUS OF APPLICANT: President of Air Comfort, Inc.
LOCATION: 625 N. Main, abutting North Street and
Magazine.
EXISTING ZONING: GC -MD (General Commercial -Multiple
Family Dwelling) District
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Vacant area, AT & T Building
EAST: Church in commercial building
SOUTH: St. Mark's church parking lot
WEST: St. Mark's church parking
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
0.60 acres, more or less
Air condition and heating contractor, marine,
industrial, commercial and residential.
"C" - Minimal flood hazard zone
SURROUNDING ZONING:
LI (Light Industrial) and GC -MD (General Commercial -
Multiple Family Dwelling) District
HI
GC -MD
GC -MD
Conservation and Revitalization on the edge
of the Central Business District.
The platted Block 8, Kirby Addition is only
two lots wide north to south.
STREETS: N. Main, North, Magazine
DRAINAGE: Storm sewers in the streets and inside
casement.
WATER: Water lines are in the streets.
SANITARY SEWER
SERVICE: Sanitary sewers are in the streets.
GENERAL INFORMATION/PUBLIC UTILITIES continued
FIRE PROTECTION: Station #1, 747 College Street
ADEQUACY OF SERVICE: Existing services and utilities are adequate.