Loading...
HomeMy WebLinkAbout383-BADATE: July 11, 1996 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request to vary the required rear yard setback requirement and the exterior side yard requirement for a commercial building addition at 2310 Calder Avenue at Seventh Street. 00 1 WN 10 0 0 0 111"M WIN Kom It' I 'N The Planning Director recommends denial of the application for rear and side yard variances. The applicant has not shown compliance with Conditions A, B or C, which is necessary for approval. Tim Baker, the owner of Baker Auto Repair at the northwest corner of Calder and 7th, wishes to construct a 9' x 90' addition to the rear of his shop. The proposed setback would result in the structure lying one foot (1') from the rear property line and one foot three inches (1' 3") from the exterior or corner side property line. The existing repair shop is situated at the rear of Lots 27 & 28, Block 21, Averill Addition. Baker also owns Lots 24-26. Lots 24-26 are used for parking. He also plans to expand the shop on the west side of the building with a 25' x 50' addition that meets the setback regulations. The required rear setback (1981 Zoning Ordinance) is 15' and 10' for the exterior side yard. The original building was constructed prior to the current regulations and has a 10' setback on the rear and a VY setback on the 7th St. side. Exhibits are attached. Notices mailed to property owners 21 . Responses in Favor . Responses in Opposition BAKER AUTO REPAIR, INC. THE AUTO SPECIALISTS 2310 CALDER AT 7TH ST. BEAUMONT, TEXAS 77702 (409) 833-8200 (409) 832-2812 (FAX) CITY OF B[1 I June 24, 1996 PLO!�M !, C REC- Planning Division, Room 210 City Hall, 801 Main Street P. 0. Box 3827 Beaumont, Texas 77701 A / ^e% Re: Lots 26, 27 and 28, Block 21 Averill Addition Dear Sirs: Enclosed please find the Variance Application for the above -referenced 0 e ty. ing the west and 4' -'�des We plan to upgrade our repair facilities by ext�.enddj �Ws 1 of the building. The area in question is the AW91W-% extension. Presently, the &6 .portion of the building has a narrow strip of land behind it. This property is fenced and locked and hOLIses a trailer and additional vehicles left overnight. It is somewhat troublesome to keep due to the garbage that is constantly thrown there by transients on Seventh Street. Also, ridding this area of weeds and overgrown brush proposes problems for us. We would like to extend the building on the &bfrthside as per the enclosed site plans. This would require the structure to be close to the property line. However, the benefit would be twofold. Due to the relation of the building to old town and Seventh Street traffic, the extension N17OLIld provide a much more pleasing cosmetic and uniform appeal to the neighborhood. Also, it would allow LIS more storage inside the building so that vehicles would not have to be stored outside in view .,of the public'. hie contacted Our neighbor to the adjoining property, George `Putt of Merchant Alarms, regarding his objection or response to the proposed plans. He was in full agreement that it would improve the appearance of that portion of the building. He wished us well in seeking your approval for the variance. We hope this letter fully explains our hope the variance is granted. if clarification, please give me a call. sincw-els' Yim Baker presid(--'nt TB/sb Enclostires plans for the renovations and sincerely you need additional information or VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 F-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. Separate sheets, may be attached., ('Ibe 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 tl,- Zoning Ordin,-r.c-- when the Board fird-� that -all of the following conditions have been met: A.- —0 - following CONDITION A- That the granting of the variance will not be contrary to the public interest. The extension to the existing building will be performed in such manner that it will not be.contrary to public interest. Instead, be an enhancement to the surrounding area-.- The".property in its present state is a fenced vacant area which is being utitlized to a trailer and also additional cars left overnight. The extension the back of the building would provide an uncluttered appearance the traffic on the streets facing it. a it will store on for 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 property in question is too narrow to be used for any purpose. It ends up being used as a trash bin for the travelers along Seventh street and requires constant maintenance to rid the property of unwanted trash and weeds. CONDITION C- That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The extension of the building will place the building very close to the property line, however, the back portion of the property will still be accessible. The closest building or structure to the property line is approximately 50'feet. Extending this building will allow additional room to store equipment, tools, and vehicles which might otherwise clutter the exterior of the building. Our purpose is to both upgrade our facilities and enhance our surrounding neighborhood. I HEREBY ATTEST THAT, TO THE BEST OF MY OWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED A,'POVE. Applicant's Date: sign Lure z, cy cy Hcy Hauls H INIARS REQUIREMENTS FOR A VARIANCE The Board of Adjustment 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. 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 property owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. ANALYSIS CONDITION A - APPLICANT'S STATEMENT: The extension to the existing building will be performed in such a manner that it will not be contrary to public interest. Instead, it will be an enhancement to the surrounding area. The property in its present state is a fenced vacant area which is being utilized to store a trailer and also additional cars left overnight. The extension on the back of the building would provide an uncluttered appearance for the traffic on the streets facing it. CONDITION A - STAFF RESPONSE: Applicant's building is non -conforming by lying 10' off the rear property line and VY off the exterior side property line. The Zoning Ordinance requires a minimum rear yard of 15' and a minimum exterior side yard setback of 10'. There is a sanitary sewer line extending along the rear lot lines in the block from 7th Street to 8th Street. Water utilities requires a minimum of 10' in width to maintain the sewer line, according to Ronnie Lee of that department. There is no platted alley in the block. The sewer line is maintained by the City of Beaumont and serves all 28 lots in the block. Allowing the building addition to encroach within one foot (V) of the rear property line and within one foot three inches (V 3") of the exterior side property line would convenience the applicant only. The applicant has not shown that the request is in the public's interest. CONDITION B - APPLICANT'S STATEMENT: The property in question is too narrow to be used for any purpose. It ends up being used as a trash bin for the travelers along Seventh Street and requires constant maintenance to rid the property of unwanted trash and weeds. CONDITION B - STAFF RESPONSE: The applicant refers to the property at the rear of his building as being "too narrow to be used". However, the rear yard and side yard requirements provide that there be yard setbacks around all buildings for that very reason. The applicant owns 5 platted lots fronting Calder. He could expand his business operations on the property without encroaching anymore into the yard areas - which already do not meet code. The applicant has not demonstrated any -unnecessary hardship due to the physical shape or condition of the property. The "hardship" referred to by the applicant is one of convenience only. The applicant's building proposal does not demonstrate compliance with the requirements for a variance as required in Condition B. CONDITION C - APPLICANT'S STATEMENT: The extension of the building will place the building very close to the property line, however, the back portion of the property will still be accessible. The closest buildings or structure to the property line is approximately 50 feet (50'). Extending this building will allow additional room to store equipment, tools, and vehicles which might otherwise clutter the exterior of the building. Our purpose is to both upgrade our facilities and enhance our surrounding -neighborhood. CONDITION C - STAFF RESPONSE: If granted the variance, access to the proposed building would be from the property of others only. The ordinance provides for variances if certain conditions can be met. The applicant has not supported his request by complying with Conditions A, B or C. This application is not in the interest of the public. The property is not exceptional in shape or size in any way. The existing non -conforming building can be enlarged without building to the property line. This application is not in the spirit of the ordinance. The burden of proof to demonstrate compliance with the three conditions has not been met. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: EXISTING ZONING: Baker Auto Repair Tim Baker Owner 2310 Calder Ave. @ Seventh St. GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.860 acres more or less GENERAL INFORMATION/PUBLIC UTILITIES CONTINUED EXISTING LAND USES: SURROUNDING LAND USES: NORTH: Merchants Alarm Systems, vacant lot EAST: Convenience Store SOUTH: Tire Service Co., Insurance Co. WEST: Retail shop COMPREHENSIVE PLAN: "ImMICNIA SANITARY SEWER SERVICE: Lots 24, 25 and 26 are vacant parking areas. Lots 27 and 28 is the site of the Baker Auto Repair shop. "C" Minimal Flood Hazard Zone SURROUNDING ZONING: RCR (Residential Conservation and Revitaftation) GC -MD (General Commercial -Multiple, Family Dwelling) GC -MD GC -MD Conservation and Revitalization None Calder Ave. between 7th and 8th St. is a secondary arterial street with a 70' right- of-way and a 50' pavement. Seventh St. between McFaddin and Calder is a collector street with a 60' right-of-way and a 30' pavement. There are 12" storm sewers in the rights - of -way of Calder and 7th. There is an 8" water line in Calder and a 6" line in 7th. Map records and the water utilities department show a sanitary sewer along the rear lot lines of Block 21, Averill Addition. ;; 1 FIRE PROTECTION: Fire protection is provided by Station #7, 1700 McFaddin. ADEQUACY OF SERVICE: Existing services and utilities are adequate.