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Home My WebLink About1587-PW1 DATE: October 15, 2001 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a specific use permit to allow an art gallery in an RCR (Residential Conservation and Revitalization) District. The Planning Manager recommends approval of this specific use permit subject to revisions to the parking layout as recommended by the Traffic Manager and a waiver of the required landscaping and screening on the west and south sides of the property. Ruth Megnet, the owner of the property, is requesting a specific use permit to allow an art gallery at the former location of the Bornestein Art Gallery at 581 North 9"' Street in the Oaks Historic District, Ms. Megnet also lives at this address. The art gallery will be open on Saturday and Sunday afternoons and by appointment. Ms. Megnet is requesting a waiver of the landscaping and screening requirement. To the south is a vacant structure previously used as a florist shop and to the west is a dentist office. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 21 Responses in Favor . Responses in Opposition LEGAI, DESCRIPTION FOR ORDINANCE PURPOSES Being the north 1/2 of Lots I and 2 and the northeast 1/4 of Lot 3, Block 44, Averill Addition, City of Beaumont, Jefferson County, Texas containing 0.21 acres, more or less. To: The Planning Commission and City Council, City of Beaumont, Texas Ref•. Reopening of the Bornestein Gallery Specific Use Permit 581 North 9th Street Beaumont, Texas Dear Sir Attached is our application and site plan for a Specific Use Permit for the above referenced property. We are requesting this permit to allow us to operate an art gallery at this location. I have been living in Beaumont for the last 3 years, in the house which I have purchased from the Diocese of Beaumont at 581 9th Street in Old Town. I have been teaching foreign languages at St. Anthony Cathedral School. I am also working at my Master's Degree in Art at Lamar. I have come to know that Beaumont is full of very talented artists, and it is my true conviction that they must be promoted in every possible way. My little gallery will be a place of encounter, art and culture where my many friends from Beaumont, the US and abroad have an opportunity to show their work. It will be one more place of learning and culture in blossoming Beaumont, to make a small contribution to the sophistication this city deserves. I envision the Gallery to be open on Saturday and Sunday afternoons, at other times by appointment. The proposed use of this property meets all eight conditions specified under Section 30-26E of the Zoning Ordinance as stated below. • The Specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. • The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. (Oar proposed activity is specific to this site only and will not change or effect any surrounding tracts). • There is adequate utilities, access roads, drainage and other necessary supporting facilities currently in place. • The design, location and arrangement of the existing driveway and the proposed parking area in the rear will provide for the safe convenient movement of traffic without adversely affecting the general public or adjacent development. • The proposed use of the facility will not create an offensive odor, fumes, dust, noise or vibration. • Lighting around the property will not disturb or adversely affect neighboring properties. • The existing landscaping is adequate to insure harmony and compatibility with the adjacent property. There are existing trees on the site to remain in place. I request a waiver of the requirement of the landscaping and screening due to the adjacent property use. The property to the West is a dentist office and the property to the South has previously been used as a florist shop (currently vacant). Thank you for your earliest approval of this request permit. Sincerely Ruth Grace Me"gnet � :1$ Arj At /0 to 01 it is r. T;f1 16 1013 59,399 BROADVYAYAVE. ` -K 199 LIBERTY AVE. LANDSCAPE LE�ENC S6,WE 1 "=20' EXISTING TREE EXISTING SHRUBS EXISTING SMALL TREES, SHRUBS FLOWERS IT N. 84-112' of Me WEST HALF of LOTS J & 4 DR. HARLEY E. GRAFF VOL, 2004, PG. 2J2 FN ' 1'7" DRJC CALL 75.00' 1. R06 FND N00-00'31 "E 75.02' 0 FND 112 I. Rr 0.1 LOT 3 < < < 1pfor < PARXarG N. 112 of LOTS I & 2 & > THE NE 114 of LOT 3, < LOT 2 BLOCK 44 < A VERILL ADDITION < < tx) AC -�ZENTRANCE L El 11 EXIT- 21.30 2 STORY co WOOD & FRAME C� 9.80 RESIDENCE 1513:0 T. ca LZI Fso. PER LOOR Q, S. 112 of LOTS I & 2 LOT 10 1 ENTRANCE & BARBARA B. UONROE EXIT 014.5 jEFFERSON COUNTY APPRAISAL DISTRICT 36 321 TAX tO No. 002550-069-800-3 (UNABLE TO LOCATE DEED) ----- ID sw'q,- WF PIPE pipE / 112- FND I' FND 1 �'2 1. R D 1.PIPE I. Ror TWO SOOl I'47"C 75.02' CALL 75.00' FND SOO*00'21 To 75.13 WALK @ CALL 75,00' :K AWAf�,'l I CURB BACK of CURB 9th STREET (450- ROW) 1. ANY SIGNA6E TO COYPLY WITH CITY REGULATIONS 2. SITE HAS CITY GARBAGE rp E. PICKUP siEl PLAN J. FAVE HEIGHT 24.5 FEET ABOVE NATURAL GROUND 581 NORTH 9TH STREET N. 112 of LOTS I & 2 & THE NE 114 of LOT 3, BLOCK 44 A VERILL ADDITION MARK W. WHITELEYBOX 5492 AND ASSOCIATES BEAUMONT, TEXAS 77728-6492 INCORPORATED 409-892-0421 CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS 3260 EASTEX FRWY. BEAUMONT, TEXAS 77703 (PAX) 409-892-1346 ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application isill is not in Comments Compliance Compliance Attached CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; x 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; x 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; x A. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; x x S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; x 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; x 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and x x 8. That the proposed use is in accordance with the Comprehensive Plan. x ANALYSIS continued 4. The Traffic Manager is requiring that the dimensions of the parking lot and handicapped parking space be altered to minimum requirements. 7. The applicant is requesting a waiver of the landscaping screening requirements along the west and south sides of the property. To the west is a dentist office and to the south is a structure formally used as a florist shop. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: LEGAL DESCRIPTION: an-IMIRWOM"M PROPERTTSIZE: SURROUNDING LAND USES: NORTH: Residential and Commercial EAST: Commercial SOUTH: Vacant Commercial WEST: Commercial COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: Ruth Grace Megnet Same 581 North 9"' Street North V2of Lots I and 2 and the Northeast 1/4 of Lot 3, Block 44, Averill Addition. RCR (Residential Revitalization) District 0.21 acres, more or less Single family residence "C"- Minimal Conservation and SURROUNDING ZONING: RCR (Residential Conservation and Revitalization) RCR RCR RCR Conservation and Revitalization None N. 9th Street is a residential street with a 60' right-of-way and a 30'pavernent width. GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: • 3011 storm sewer 211 water 811 sanitary sewer Fire protection is provided by Station V, 1700 McFaddin, Services are adequate,