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Home My WebLink About390-BADATE: December 5,1996 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a special exception to reconstruct, extend or enlarge a building occupied by a non -conforming use on a tract of land zoned RCR (Residential Conservation and Revitalization). MEMENEW111M., STAFF REPORT AND PROJECT INFORMATION The Planning Director recommends approval of the request for a special exception. The new building will not adversely affect the value and use of adjacent property nor will the proposed building be contrary to the public interest. The applicant, owner of Lombardo's Tree Service, has made this request which would allow him to construct a 40'x 49' metal building on the site of an old frame residential structure presently used as storage for his company. The tree service has been at this location since 1963, according to Mr. Sastre, the company owner. The applicant proposes to demolish the frame structure. The Board may grant special exceptions to reconstruct, extend or enlarge a building occupied by a non -conforming use (Sec. 30-37 E.2.a.). Original zoning was C-1 in 1955, converted to GC -MD in 1981, and changed to RCR in 1986, as a result of a rezoning study conducted in the general area. Exhibits are attached. Notices mailed to property owners 38 . Responses in Favor , Responses in Opposition CONDITIONS OF APPROVAL FOR SPECIAL EXCEPTIONS Special Exceptions may be granted in the following situations: b) To deviate yard requirements in the following circumstances: C) 1) An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations, 2) A yard exception on corner lots. 3) An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. 4) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regulation. 5) An exception from a minimum interior side yard setback requirement for owner identification signs for existing busineses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign, building, or outdoor display area. 6) An exception from the ninimum side yard setback requirement where a non- conforming building was in existence at the time of the passage of this ordinance. To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. ANALYSIS Mr. Sastre purchased the tree service in 1981. The development patterns in this area along Concord Road from Delaware south to the South Texas State Fair Grounds (Fair Park) has been a mixed lot over the years. There were frame residences, stores, auto repair services and scrap yards existing along the road. The area east of Concord was annexed in 1920 and the area west of Concord was added to the city in 1946. Commercial zoning was applied in 1955 on the subject tracts. When the surrounding C- I and C-2 property was concerted to GC -MD in 1981, "tree services" were a permitted use under SIC Code 078 as landscaping and horticultural set -vices. In 1987 SIC Code #0783 was added to the code, requiring a specific use permit for tree services in the district. At about that same time a rezoning study conducted by the City changed residential, commercial, industrial districts in this area to other district classifications. Mr. Sastre's use of the property became non -conforming as a result of the zone change to RCR. There has been no residential construction in the neighborhood since 1983. The owner has torn down two deteriorated frame structures on his property and wishes to demolish the former residence now on the site of the proposed new building. The purpose for the new building is for safe storage of tools and equipment and general repairs to same. Granting the special exception will not prevent the return of the property to a conforming use. The special exception will not adversely of the value and use of adjacent or neighboring property. Mr. Sastre will remove a deteriorated frame building and replace it with a modern engineered structure. This action will not be contrary to the best public interest. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: LEGAL DESCRIPTION: EXISTING ZONfNG: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: Ruben Sastre Ruben Sastre 2900 Block of Concord Road Tax Tracts 12, 45, 49, Plat D-5, A. Williams Survey, Beaumont, Jefferson County, Texas RCR (Residential Conservation and Revitalization) District I acre, more or less Frame structures, trucks, equipment "C" Minimal Flood Hazard Zone GENERAL INFORMATION/PUBLIC UTILITIES (continued) SURROUNDING LAND USES: NORTH: Vacant 100'x 400' tract EAST: Trees, Residences SOUTIL Vacant residence, Residence, Paint/Body Shop WEST: Tire Repair, Auto Sales, Vacant Commercial Tracts COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: SURROUNDING ZONING: RCR (Residential Conservation & Revitalization) RS (Residential Single Family Dwelling) RCR RCR Conservation and Revitalization. 61=41 STREETS: Concord Road - a secondary arterial street with an existing 60' wide right-of-way and a 24' wide pavement. Proposed by the Major Street and Highway Plan as an 80' right-of- way with a 44' pavement. SANITARY SEWER SERVICE: FIRE PROTECTION: Open ditches along the roadway. There is a 6" water line in Concord Road. There are two 6" sanitary sewers in Concord Road. Fire protection is provided by Station #2, Wilson @ Ironton. ADEQUACY OF SERVICE Set -vices and utilities are adequate. 6 At so FILEE1790 —BA: equest for a Fvi 1*1 �:� "i special e--,z-.Lj"vu to reconstr enlarge a building occupied by a nonconforming use on a tract Of land NORTH z 0 zoned RCR (Residential Conservation and Revitalization). LOCATION: Tj LOCATION: 2924 Concord Rd. APPLICANT: Rube-n-Sastre A I SCALE DELAWARE WT BEATRICE St. 'T" I zombarclo,3 "flonjecr -<71-ee Service 2924 Concord Beaumont, Texas 77703 (713) 835-2860 • Removal • Spraying • Trimming • Surgery • Fertilizing • Land Clearing • Systernic Treatment • Stump Grinding • COIISIRICtion Damage • Twc Transplanting • Insured To Whom it May Concern: This letter is in regards to the construction of a building on the grounds of Lombardo's Bonded Tree Service. Lombardo's Tree Service has been serving the Beaumont area from its current location, 2924 Concord Rd,, since 1963. Our plans are to remain in this location for many years to come. Our storage, repair, and office rooms consist of three small houses and a large car port which were built decades ago when construction of houses here were in progress. Throughout the many decades, time and weather took its toll on each of these structures. As a result of this, one house and car port have since been demolished. Currently, one of the houses used for storage is deteriorated severely and is in need of demolition and removal due to the structures being inadequate for a storage facility and unattractive in its looks for surrounding neighbors and community. For these reasons, 1, Ruben Sastre,. owner, am requesting your approval for the construction of a new, metal building on concrete slab in replacement of the decaying house, currently used for storage. A new building of this sort would be of great value to surrounding neighbors, the community, and would raise property value. It is for certain community members would appreciate having an attractive, new, metal building around their comer in contrast to an old, decomposing house. I appreciate you taking the time to consider my request. Thank you for your time, ZY Q, �j Z3 �! 41 :N IP