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Home My WebLink About415-BA91 DATE: November 5,1998 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance for a non -conforming parking lot in the Oaks Historic District. The parking lot will be paved. FILE: 415-BA STAFF REPORT In 1993, City Council created by ordinance, the Historic -Cultural Landmark Preservation Overlay District and adopted regulations to govern the area. The Oaks Historic District located north of Calder Avenue between First Street and Eleventh Street was the initial section of town chosen for the overlay designation. The ordinance, Section 30-21.2, requires that all structures and parking lots - except for main and accessory structures and fences - come into compliance with the regulation within four years. The amortization period has now expired. Jack Carville of Old Town Realty requests that his existing gravel parking lot in front of 2160 North Street be allowed to remain. Mr. Carville states that he plans to convert the business into a residence within 14 months. At such time, he proposes to replace the existing parking area with brick pavers. The ordinance allows surface materials of concrete, asphalt or masonry pavers, including brick. Gravel and shell are not permitted. 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 20 . Responses in Favor . Responses in Opposition October 15, 1998 Board of Adjustment Planning Division, Room 210 City Hall, 801 Main Street Beaumont, Texas 77701 Re: Request for Parking Lot Variance at 2160 North Street Dear Sirs: Please review the attached application forms requesting a variance from immediate compliance with The Oaks Historic District Parking Lot Surface standards. Our intention is to convert this property from business use to a private residence within fourteen (14) months. At that time, we plan to replace the existing parking area with brick driveways and walkways and extensive landscaping, as shown in the attached artist's conception. In order to comply with the regulations for business properties at this time, we would incur considerable financial hardship to install a concrete parking area that would already be slated for destruction and replacement within a short period of time. An estimate for installation of a concrete parking area is attached. If we are forced to absorb this expense at this time, all financial incentive for converting the property to private use will be lost. Several sound reasons exist for making the planned conversion: 1. Originally built as the Graham home, the Oaks Historical District would be much better served if this historic property were preserved as a private residence. The history of this family, as founders of the White House, should be preserved as an asset to the community. 2. The property is poorly suited for business use due to the limited space in front of the house and the limited amount of adjacent parking allowed on North Street. The type of landscaping which would replace the existing parking area would also prove to be an asset to the community. Please see the attached before and after pictures for our current residence, located next door at 2188 North Street. We firmly believe this change is entirely consistent with the community's long- standing reputation as Beaumont's Garden District. 4. If we are forced to sell the property as a business, a valuable community asset will probably be lost for all time. As shown by the attached petition, our neighbors fully support our plan to convert the property to a private residence. Along with many others, we have put much time and effort into creation of the Oaks Historic District. We thoroughly support the regulations and were instrumental in both developing the regulations and bringing the entire concept into play. Regarding this matter, we feel that the best interests of the community would be served by obtaining this variance so that we can make the as -planned conversion to a private residence, without incurring additional financial hardship. Sincerely yours, Jack Carville President, Old Town Neighborhood Association 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 demonstrate that all htree 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 granting of the variance will not be contrary to the public interest The applicant's intent is to maintain the property in its current state for a period of 14 months. At the end of this time period, plans will immediately be actuated to convert the property from a commercial site to a single family residence. The North Street property will be rimmed by an attractive, bricked circle drive and will be handsomely landscaped. The requested variance is pursuant of the best interests of the Oaks Historic District in that it will facilitate the property, at 2160 North Street, being returned to its original condition as a residence and thus supports the District's founding premise of preservation and restoration of its historic treasures. 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. If required to upgrade the current parking facilities, a poor parking situation would be perpetuated instead of permanently resolved. There is currently too little parking for any business to operate properly. Off site parking is limited and on site parking is inadequate. Commercial parking accommodations are a constant worry for the Oaks Historic residents. Since the applicant's plan is to return this property to a single family residence in 14 months, this objective will better serve the interests of the District residents by alleviating their concerns regarding extra cars blocking driveways or clogging access throughout the historic residential neighborhood. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and Substantial justice will be done. The Oaks Historic District was formed to preserve the Beaurnont's unique history reflected through the personalities of the many homes contained therein. Granted that existing commercial interests were grandfathered into the plan and many generally prove to be good neighbors, the paramount goal is to preserve the residences as residences and when possible, restore commercial properties to their original condition (usually single or multi family residences). 2 In the case of the old Graham home at 2160 North Street, the original condition was a single family residence. It is the intention of the applicants , if granted this variance, to restore the dwelling to its original condition. The applicants do not ask that enforcement of the District's codes be relaxed but instead request an abatement of enforcement to allow them to gather the resources necessary to restore 2160 North Street to a residence, which will serve as their home throughout retirement. The applicants were major contributors to the development to the historic overlay and have profound respect for the effect rigorous code enforcement has in sustaining the viability and rejuvenation of the historic neighborhood. It is in this vein that the applicants request merely an abatement of enforcement, or variance, and entreats the City to be vigilant overseers of the stipulations contained in the historic overlay. In support of this entreaty and to illustrate the applicanf s commitment to improve property, the following photographs are attached: A. A recent photograph of 2160 North Street - parking lot in front of the building B. The applicanes current residence at 2188 North Street when purchased in May, 1992 C. The applicant's current residence at 2188 North Street in October, 1998 (6 1/2 years later) D. The applicant's home prior to moving back to Beaumont (landscaping 9 months old) Restoration of the property at 2160 North Street (old Graham home) to an attractive single family residence will serve to strengthen property values on North Street which will contribute positively to the city's tax base. Granting the variance concerning the existing parking lot will hasten the restoration of 2160 North Street to its original condition; will further the preservation of Beaumont's historic treasures; and will thus support the goals of the framers of Beaumones Oaks Historic District. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: .... ........ . Date: bfro 4P Ar f " " I " i *0 j FrI I FILE 415-BA: Variance request to allow a commercial parking area to remain unpaved. NORTH Location: 2160 North St. '& Applicant: Jack Camille WAIA: V=200' at ral1w 50 HARRISON AVE. L *�o SO/ &7\ j* 00 59 • w so HAZEL AVE, � �' U) DIP 14 At of INPIN i tt tj to rt jo NORTH ST. ' MCFADDIN AVE. I. A I %_$�- - SO CALDER AVE. ISO Parking Lot Variance 2160 Nordi Street This petition is being circulated among the owners of property in the Oaks Historic District. We the undersigned owners each own record title to property in the Oaks Historic District. We support Jack Carville's request that the surface material now on the parking lot at 2160 North Street be allowed to remain until the property is converted to a private residence, or no longer than December 31, 1999. Granting this variance will not adversely affect the value and use of adjacent or neighboring property, nor would it be contrary to the best public interest. We respectfully request that the City of Beaumont Board of Adjustment grant Mr. Carville's application for variance. Print Name W.M., _0 Address of OHD Property Phone 0"WC? I 41 -210k A4"e I -�,6 A �70 A 1t7 L-2 Parking Lot Variance 2160 North Street This petition is being circulated among the owners of property in the Oaks Historic District. We the undersigned owners each own record title to property in the Oaks Historic District. We support Jack Carville's request that the surface material now on the parking lot at 2160 North Street be allowed to remain until the property is converted to a private residence, or no longer than December 31, 1999. Granting this variance will not adversely affect the value and use of adjacent or neighboring property, nor would it be contrary to the best public interest. We respectfully request that the City of Beaumont Board of Adjustment grant Mr. Carville's application for variance. Print Name Signature Address of OHD Property Phone. /V L .41 z W2 AIA e-t 2 - 1 -71/ GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jack Carville PROPERTY OWNER: Jack Carville LOCATION: 2160 North Street - "Old Town Realty" EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: SURROUNDING LAND USES: NORTH: Residences EAST: Apartments SOUTH: Ann Lee & Associates, advertising agency WEST: Residences COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: LEGAL DESCRIPTION: RCR (Residential Conservation and Revitalization) District 0.258 acres Real estate company "C" - Minimal flood hazard zone SURROUNDING ZONING: RCR (Residential Conservation and Revital►zation) District RCR RCR RCR Conservation and Revitalization The applicant in File 418-BA is Ann Lee & Associates, located across the street from the subject property. North Street, a 60'wide right-of-way with a 27'pavement and sidewalks. Lot 4 and the E. V2 of Lot 5, Block 26, McFaddin Second Addition,