Loading...
HomeMy WebLinkAbout409-BADATE: June 4, 1998 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to the setback regulations for parking lots located in an historic district (Section 30-21.2, City Codes) and as specifically regulated by Ordinance No. 96-70, passed by City Council on December 3, 1996. . . ........ STAFF REPORT Mr. Tim Baker owns a 50' x 150' lot at 2315 McFaddin Avenue. The lot is zoned RCR (Residential Conservation and Revitalization) District and is situated in the Oaks Historic District. Baker Auto Repair is located at 2310 Calder at Seventh Street. The auto repair shop is in a commercial zone and is not in the historic district. The subject lot lies directly behind the shop's main customer parking lot. Parking lots are not subject to setbacks in any zoning district, including RCR districts. However, parking lots are regulated in the Oaks Historic District by Section 30-21.2. The ordinance was adopted in 1993. The proposed setback along McFaddin is 25' from the property line. The Historic District regulations state that parking lots must be set back along the street frontage not less than the required setback (25' in RCR) or as far back as the front of immediately adjacent buildings, whichever is greater. The dentist office, to the west, was constructed 48' from the front property line. The parking lot for that building extends from the building to the front property line. The rest of the structures on the south side of the block are set back 25 feet. Moving the proposed parking lot back an additional 23' would involve the loss of three parking spaces. Only the Zoning Board of Adjustment can grant variances to the setback requirements. The proposal will also be subject to a Certificate of Appropriateness reviewed by the Planning Director. This proposed gated employee parking lot will put a vacant lot to a needed use by the repair shop. This reuse of property is in compliance with the Comprehensive Plan for areas of "Conservation and Revitalization". On December 3, 1996, the City Council granted a specific use permit to allow an employee parking lot on the property at 2315 McFaddin, subject to the following three conditions: 1) Allow access to McFaddin with a wrought iron gate to be closed except during the following hours: 7:30 a.m. - 8:30 a.m., 11:30 a.m. - 1:30 p.m. and 5:30 p.m. - 6:30 p.m. STAFF REPORT 2) The north end of the employee parking lot shall be landscaped with a minimum 6' wide landscape edge planted in accordance with Section 30-31 (c) (3) of the Zoning Ordinance; and 3) The parking lot must be set back 48' from the property line on McFaddin unless application is made to and a variance of the setback requirement from 48' to 25' is granted by the Zoning Board of Adjustment. Mr. and Mrs. Baker are now requesting the variance. Additional informative material is attached to this report. PUBLIC NOTINCATION Notices mailed to property owners 15 - Responses in Favor 2 . Responses in Opposition 0 VAR'ANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECnON 30-37 1EL3.) 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. Separate sheets may be attached. (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 granting of the setback from 48feet to 25 feet will not be contrarj tb,public:�,-,.ntere8t.,inasmuch as the surrounding properties parking lots extend to the. sidewalk. The granting of the variance will allow the adjacent boundaries to appear more uniform and also,as stated in Ordinance 96-70 for'thew-:,.Speftfic Use Permit, a landscaped. screening will be provided to prevent aclearview of Calder and to make the parking lot more aesthetically pleasing. Also the setback requirement of 48, feet was based upon the neighboring structure not its parking lot which does extend to the sidewalk. We are not building a stucture. CONDITION : 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 literal enforcement of the ordinance will result in unnecessary hardship due to the exceptional narrowness of thi&,)particular property. The setback requirement of 48 feet is to the adjacent structure not its -parking lot which does *extend to the sidewalk. If the setback remains at 48 feet the prope*rty will lose one-third of its CONDITION C- That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The.granting of this ordinance will adhere to the spirit of the ordinance since the spirit of the ordinance is to preserve and enhance thearea. The impr " ovemehts which are to be made to this property as outlined in Ordinance.96-70 are of the nature that they will.be an enhancement to its surrounding parking -,-lots and structures.­As.shown on the site plan,'-a"'wrought iron fence with six feet of lands'eaping will beautify the north side of property which faces McFaddin. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signatu Date:_� qJ BAKERUTO REPAIRINC. THE AUTO SPECIALISTS 2310 CALDER AT 7TH ST. BEAUMONT, TEXAS 77702 (409) 833-8200 (409) 832-2812 (FAX) May 15, 1998 City of Beaumont Planning Division, Room 210 City Hall, 801 Main Street Beaumont, Texas 77704 RE: Application for Variance to Specific Use Permit - Ordinance No. 96-70 Dear Sirs: Enclosed please find our Application for the Variance to the Specific Use Permit granted by Ordinance 96-70. Also enclosed you will find the $200.00 processing fee for this application. We respectfully request the granting of a variance to the setback requirements listed in the above -referenced Ordinance from 48 feet to 25 feet. The setback of the parking lot to 48 feet is not in keeping with the properties adjacent to it. The setback was determined by the neighboring structure, not its parking area which does extend to the sidewalk. We are not requesting to build a structure, but instead, a parking lot like the neighboring properties parking lots. The neighboring parking lots all extend to the sidewalk. However, we are only requesting. a 25 feet setback to allow for the landscaping screening. The granting of the variance to 25 feet would provide a more uniform boundary with the other properties on McFaddin and would also keep us from losing one-third of the property's usage. If you need any additional information, please feel free to contact me. Sincerely, Silvia Baker Enclosures %66T W NCISINQ'ONI^�o�'r INaN039 30 A110 i w %4 LL. QJ U-q,U ca cz N 44 N Ott 14i UJ o > C) - 42� Qj : L03 tn L) cc Ln C*4 AG17 IVI A/bw,7 I 'is 14IMaA3S Kal 0 W-; In HAZEL AVE. M r M .ft ® ■ --- a try BROADWAY j GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Tim and Silvia Baker PROPERTY OWNER: Tim and Silvia Baker LOCATION: 2315 McFaddin Avenue EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.172 acres EXISTING LAND USES: Vacant lot FLOOD HAZARD ZONE: "C" - Minimal Flood Hazard Zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences, retail fan shop, dentist RCR (Residential Conservation and Revitalization) Office District EAST: Merchants Alann Service RCR SOUTH: Baker Auto Repair Shop GC -MD (General Commercial -Multiple Family Dwelling) WEST: Dentist office, advertising agency RCR COMPREHENSIVE PLAN: Conservation and Revitalization FEATURES: None STREETS: McFaddin Avenue, a residential street with a 60' right-of-way and a 27' wide pavement. DRAINAGE: There is a 30" storm sewer in McFaddin. WATER: There is a 20" water line in McFaddin. SANITARY SEWER There is a 6" sanitary sewer in McFaddin and SERVICE: a 6" line in the alley in Block 21 according to City records and maps. FIRE PROTECTION: Fire protection is provided by Station #7, 1700 McFaddin. ADEQUACY OF SERVICE: Services and utilities are adequate.