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Home My WebLink About382-BADATE: July 11, 1996 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to the side yard and rear yard building setback requirements of Section 30-25 B.2. in the GC -MD (General Commercial - Multiple Family Dwelling) District, to allow a 30'x 30' building addition to an existing business at 3490 Concord. NOTE: This case was postponed from June 6, 1996 due to the lack of a quorum of the Board. The Planning Director recommends approval of the variance for a 2' side yard and a rear yard which will extend from 3' to 13'. (The existing rear yard minimum setback is 10'). The applicant complies with conditions A, B and C. The applicant, Curtis Pollard of A -Line Front End and Brake Service, wishes to make an addition to his existing building on the north side of the structure. The applicant has planned a 30'x 30' enclosed auto storage area. The request shows that the proposed addition would lie two (2) feet off the interior side yard property line. The regulation requires a five (5) ft. minimum setback. The proposed rear yard would extend from three (3) feet to thirteen (13) feet between the rear lot line and the structure. Ten feet is required. The irregular shaped tract fronts on Concord and also abuts Ironton and Detroit. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 25 Responses in Favor: Responses in Opposition: VARIANCE SUPPIEMENTAL APPIJCATION FORM BEAUMONT, TEXAS (CODES SEMON 30-37 E3.) 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. -T 0- 0. 5 PO 11 M 14,, W ; Tk 41- r �^ e rr 0,,*,-r r-- " J � 2 r-c.Vv-- 7'c4l Y-,.- A. 10 A/ e '15 � loo rS a,,^ 0 C4 r Fetci 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. b" 7'h-e Pr- OPer-TY Sk�,pd Z7,' ro r- VCLr'lc%VCe -7'0 Ada okx BLA 7-0 Va o' CONDITION C.- That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. 6X g2� PC'4-yl 6ikA3 0 (A, C FUC i I i 7-4 iS W Id ptelecr O"v- (2 u S7o'M -C r-'S V(fk'o-),-5 Fro,.% Va"ac.1;svv% Cka T rie C OPPO r-Tuv6TY F,,, J5MP10YP,,,,-f MkOW1 010 V to) LM13 VIM W Applicant's signature- �02 Date: 57 91 C 00) IRON PIPE LICHT P BASE PLATE 'DAM 9 NOW OR FORMERLY MARK CARROLL SMITH CLERKS FILE NO. 9506283 263 rok" WPAILD 5 4669 w Tw.s,rji MONUMENT IRON CHMU14K MOE (BASIS OF BEARINF) NOTE.- THIS SUAIRY WAS COMPLETED IRONTON - STREET "Y~ THE MEnY or A nnx owulTmeml (60- Fox) DESMPTION OF SERVICES nwrStrot LOCATE CORNERS AND SHOW IMPROVEMENTS SO4 Tiow I 00=1-Mill"14vto THE efsr Or my KWVLEOQE AMC DEVEF, THAT " IS AN ACCURATE PLAY OF A SVRAY MADE ON THE GROUND UNDER MY SUPIERMSON, SHOW40 ALL JAPROYEWENTS AND ANY MSW ENCROACHMENTS, AS OF THE ABOVE Met BEING, LOCATED AT 3490CONCORD RQ&Q, SEA MONT. TEXAS 77703 AND Df�N^. DESCRIBED AS AS RtCOROCO 14 V(XUVC PACE :: OF THE DEED RECORDS Or _,aM&c ,gN__CDj"rf, TEXAS. N ACCOAOAkCE,VATH THE F`LOOO NSVOMCC RATE MAP, FTMAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY -PANEL NO DATED 12-4-194 TAS PROPERTY LIES IN THE ZONE NOTED. LOCATION ON MAP DETERMINED BY SCAM. ACTUAL FIELD CLEYAWN NOT DEMAWME0. UNLESS qfGUEsTED. nTTz it tnpmAn, INC Does NOT WAMAkT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAO MAP. FLOOD ZONE (F.E,M.A) C - CENSUS TRACT L_ WARD ATE: _A?jL5_jq" No.: J6-2 CONSULTING ENGINEERS & LAND SURVEYORS 4.40 18th SIRIEET, SUITE A BEAUMONT. TEXAS 1 (4091832-7238 FAX (409)832-7303 Ila IIIJI I 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: The expansion requested lies within a storage area that has been enclosed by a high chain link fence for several years. The lot immediately to the north of the proposed 2' setback is occupied by a commercial use. The north end of the subject lot is paved as is the south side of the adjacent commercial lot. The purpose of the building addition is to enclose customer's cars waiting overnight for repairs. This request is in the public interest. CONDITION B: Literal enforcement of the ordinance will result in unnecessary hardship. The tract is irregular in shape. The existing building is already placed at the back end of the tract. CONDITION C: By granting the variances of 3' on the side and 7' on the rear, justice will be done. This will allow the applicant to build a 30'x 30' walled security enclosure within 2' of his side line and as close as 3' to the rear tract line. The proposed rear line would expand to 13' because of the way the existing building is sited on the irregular lot. The spirit of the ordinance will be observed by granting the variance. APPLICANT: A -Line Front End and Brake Service PROPERTY OWNER: Curtis Pollard LOCATION: 3490 Concord Road LEGAL DESCRIPTION: Being an irregular shaped tract of land known as part of Tax Tract No. 12, Plat D-6, A. Williams Survey, AB-385, Beaumont, Jefferson County, Texas. EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District FLOOD HAZARD ZONE: X C (Minimal) B (Moderate) A (100 year) Floodway SIZE OF PROPERTY: 0.3893 acres EXISTING LAND USES: Auto repair shop SURROUNDING USES: SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial -Multiple Family Dwelling) District EAST: Residence GC -MD SOUTH: Commercial GC -MD WEST. Commercial GC -MD COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: Concord Road - A secondary (minor) arterial with a 60' right-of-way and a 24' pavement. This will be widened in the future. Detroit Avenue - A 60' wide residential right-of-way with a 20' wide pavement. Ironton Avenue - A 60' residential right-of-way with a 20' pavement. GENERAL INFORMATIONRUBLIC UTILITIES continued DRAINAGE: There is a 24" storm sewer in Concord, a 3" in Detroit and a 24" in Ironton. WATER: There is an 8" water line in Concord, an 8" in Detroit and a 2" line in Ironton. SANITARY SEWER There is a 6" sanitary sewer lying in an easement SERVICE: through the centerline of the block. FIRE PROTECTION: Fire protection is provided by Station #2, Wilson at Ironton. ADEQUACY OF SERVICE: Services are adequate.