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Home My WebLink AboutPZ2021-439DATE: January 6, 2022 TO: Board of Adjustment FROM: Dem! Engman, Senior Planner SUBJECT: To consider a request for a Variance to the perimeter landscaping requirements and the required rear yard setback to be reduced from 15' to 5/ in GC -MD (General Commercial Multiple -Family Dwelling) zoning. FILE: PZ2021-439 STAFF REPORT Charles Shajari is in the design phase for a convenience store to be located at 4705 Magnolia Avenue. The west property line is adjacent to an RM-H (Residential Multiple Family — Highest Density) district. The Zoning Ordinance requires a 10' landscaped buffer between commercial developments and residential zoning districts. Sec.28.04.006(f) Perimeter landscaping and screening (1)states when acommercial orindustrial use b established on m lot or premises located adjacent to any residential zoning district or when any multiple -family dwelling use is established on a lot orpremises adjacent to any property located in a single-family residential zoning district, a ten -foot width of landscaping open space buffer strip shall be installed and maintained by the owner, developer or operator of the commercial or industrial property between itand the adjacent residentially zoned property, The applicant proposes the interior of the building will be anywhere from 28'to 38'wide, which will leave limited retail space. Therefore, he requests aVariance along the west property line to eliminate the perimeter landscaping requirements and reduce the rear setback from 15' to 5' to increase the buildable space. Please see the site plan located in your packets for a visual reference of the aforementioned. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: AA That the granting ofthe variance will not becontrary bothe public interest; 8) 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 hardship physical condition unique to the specific piece of property inquestion. "Unnecessary hardship" shall mean physical hardship relating tothe property itself asdistinguished from a hardship relating toconvenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C\ That by granting the variance, the spirit of the ordinance will be observed and substantial Exhibits are attached. Notices mailed to property owners 24 Responses in Favor . Responses in Opposition GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Residential SOUTH: Commercial WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Charles Shajari for Jamil A. Akeel JAMIL MUHAMMAD AKEEL 4705 Magnolia Avenue G&MD (General Commercial Multiple -Family Dwelling) 0.482 acres, more or less Vacant "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: GC -MD (General Commercial Multiple -Family Dwelling) 0 1 4101101 RM-H (Residential Multiple Family Dwelling- Highest Density) Conservation & Revitalization Area Magnolia Ave —secondary Arterial Street with a 61' Right-of-way and a 45' pavement width Tyler St - Local Street with a 52' Right-of-way and a 20' pavement width Open Ditch and Curb & Gutter 6" water line 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' ABOVE PAR LLC ABOVE PAR LLC ARBEN REAL ESTATE LLC WALTER PRESTON ARBEN REAL ESTATE LLC DAVIS RONNIE GLENDELLSR NAZS ENTERPRISES INC RESENDIZ NESTOR & HERLINDA GREEN ASHLEY LEDAYALVIN SR CAMARGO ARMANDO GUILLORYJOSEPH R BELL DAVID W & DONNA K CARRINGTON JETHRO ROGERS JAMIL AKEEL HAFFAN INC LANDRY ANTIONETTE GARCIA ELIJIO & MARIA DOLORES GLOBAL ONE ENTERPRISES GLOBAL ONE ENTERPRISES MATTHEWS FREDDIE ARBEN REAL ESTATE LLC ROYDONNA JAMIL MUHAMMAD AKEEL ---- �om�Typm�P|annixyand��ng OaaoG�ab�s PAY FEES � Case Sub Type: Variance Tag Name: Proposed Magnolia C'Stmm&VVaoh|eou- Case #:PZ2U21439 Setbacks Change Location: 47O5Magnolia Street Initiated On: i2/15/2O2i 11:45:52A[W Individuals listed onthe nacmnd: Applicant Jamil M. Akeel Home Phone: 5602 Emely Lane Work Phone: Beaumont, TX77T13 Cell Phone: 409'4601137 E-Mail: ukmwUamU73@gmeiiuom Agent Charles Shajari Home Phone: 409-351-2601 O7Interstate 1ONSuite 1i5 Work Phone: Beaumont, TX777O7 Cell Phone: 409-351-2681 E-Mail: benchmark 10Q0@gmaiioum Property Owner Jami|kJ.Akwm| Home Phone: 50O2EmdyLane Work Phone: Beaumont, TX77713 Cell Phone: Legal Description HEGELE LTS 1'3 B2470541 MAGNOLIA Type of Variance: Variance That the granting vfthe variance will VV*need the 1O'furthe wolk-in-mxolerbehind the building mushown not bmcontrary hothe public interest *nsite plan. This will not effecting public interest. That literal enforcement ofthe Since the building's exterior io4U', itiavery difficult tohave the ordinance will result |nunnecessary 1U'x14'wa|k|ncooler with the interior ofthe building which will be38' bmndsb|p and itwill reduce the interior from 38'ho28'.This will bevery difficult tuhave retail space. Therefore itkanecessary tuhave the cooler outside iniU'with anaccess door from inside. See attached site plan for cooler location uenoted. That bygranting the variance, the 8ygranting this approval, wewould like bomove forward with our spirit mfthe ordinance will buobserved development and reflect the needed 1U'area for the cooler. and substantial justice will bedone Case Type: Planning and Zoning Page 1o(1 Magnolia C-Store & Wasliteria 4705 Magnolia Street Beaumont, TX 77703 December 15, 2021 As per our predevelopment on 12/09/21 at City Hall, we are requesting the setback adjustment in the rear of the property Variance to the landscape requirements to be eliminated from the rear property line and a Variance for the rear property line to be reduced from 15' to 5'. This is very important in order to fit our 10' walk-in cooler in the rear of the building and we don't want to reduce the building size from 40' to 30' for the cooler and AC units. Respectfully, requesting to grant us the 10' from 15' setbacks. Sincerely, jZ_ Jamil M. Akeel, Property Owner Tyler Stree (a public roadway)' J 77, 77 N- S IN" N,N N, 2V _.._..»� 10 � �_ � h' �,�. a;h`�"�",.w� "h�,,.hy'"u"`xti�;hti°o,\; `f;`�""�. M '� X\ GI S N"' 15, — X \N", X N, N NN 16- DO N, V, NN N' It 09 rJ IYY II Magnolia C-Store & Washtera 4705 Magnolia Street Beaumont, TX 77703 \ �, �� 9� � / w 1� ki Magno/jam Store & Washtera CA) 4705 Magnolia Street Beaumont, TX 77703 File PZ2021-439: To consider a request for a Variance to the perimeter landscapin requirements and the required rear yard setback to be reduced from 15' to 5' in GC-M (General Commercial Multiple -Family Dwelling) zoning. Applicant: Charles Shajari for Jamil M. Akeel Location: 4705 Magnolia Avenue 0 100 200 1 1 1 1 Feet