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Home My WebLink AboutPZ2023-230DATE: July 6, 2023 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the perimeter landscaping requirements. FILE: PZ2023-230 STAFF REPORT Aaron Ward of Faust Engineering and Surveying, Inc., is requesting a Variance for the property located at 6010-6120 Muela Creek Drive. This property backs up to an existing apartment complex. Property to the east was granted a similar Variance in 2017. Along the south edge of the multi -family property there is a twenty (20) foot wide Entergy easement. This easement contains overhead power lines. Trees are not allowed within thirty (30) feet of overhead power lines, so would not be allowed in the landscaped buffer. The Variance, if granted, would be for the ten (10) foot wide grassed strip along the property line. The apartment complex has placed a fence on the north side of the Entergy easement and left the easement overgrown. Parking would be added in place of the landscaped buffer. Public Works states that the concrete would need to be jointed at the edge of the easement, but they are not opposed to parking in the easement. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary to the public interest; 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 hardship 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 actions; and C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATIO Notices mailed to property owners 14 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lots 3-7, Old Dowlen Business Park, Section Two, Beaumont, Jefferson County, Texas, containing 2.35 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Multi -Family EAST: Commercial SOUTH: Commercial WEST: Daycare COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Aaron Ward of Faust Engineering and Surveying, Inc. Melanie Creek Investment, L.L.C. 6010-6120 Muela Creek Drive GC -MD (General Commercial— Multiple -Family Dwelling) —2.35 acres Vacant X—Area determined to be outside the 500- year flood plain SURROUNDING ZONING: RM-H (Residential Multiple -Family Dwelling— Highest Density) GC -MD (General Commercial --Multiple-Family Dwelling) GC -MD GC -MD Neighborhood Growth Unit Muela Creek Drive — Local Street with a 60' right-of-way and 36' pavement width. Curb and gutter 10" water line 12" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BL & S REALTY LLC C ARDEN INVESTMENTS LLC DKC PROPERTIES LLC KOHL'S ILLINOIS INC ORCHID PROPERTIES GROUP LLC POINTE APTS BEAUMONT LLC PRSG PROPERTIES LLC RANCHO DOWLEN LLC RIPPEON PROPERTIES LTD RIPPEON PROPERTIES LTD RIPPEON PROPERTIES LTD UDI PROPERTY UDI PROPERTY UDI PROPERTY BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2023-230 Location: 6080 MUELA CREEK DR, BEAUMONT, 77708 Individuals listed on the record: Applicant Aaron Ward 5550 Eastex Freeway, Suite O Beaumont, TX 77708 Agent Aaron Ward 5550 Eastex Freeway, Suite O Beaumont, TX 77708 Property Owner Melanie Creek Investment, LLC 3132 W Lucas Beaumont, Tx 77706 Case Status: REVIEW Tag Name: Variance for Lots in Old Dowlen Business Park (Muela Creek) Initiated On: 5/2412023 10:53:50AM Home 'Phone: 409-813-3410 Work Phone: Cell Phone: 409-813-3410 E-Mail: aaron@fausteng.com Home Phone: 409-813-3410 Work Phone: Cell Phone: 409-813-3410 E-Mail: aaron@fausteng.com Home Phone: 4092250256 Work Phone: Cell Phone: E-Mail: ramil979@aol.com Legal Description Lots 3-5 of Old Dowlen Business Park Phase one Lots 6-7 of Old Dowlen Business Park Section Two Type of Variance: Variance That the granting of the variance will The property is adjacent to a 10 acre apartment project. There are not be contrary to the public interest overhead power lines located along the property line and this area is overgrown. The client is asking for a variance to the 10 foot buffer required along the north line of the property since a 20 foot buffer was created by the easement and trees are not allowed within 30 feel of the outermost electrical line. The client will place an opaque fence along the property. That literal enforcement of the There exists a 20 foot Entergy easement adjacent to the north line of ordinance will result in unnecessary the property. The 10 foot buffer would reduce the depth of the hardship building or eliminate a row of parking along the north side of the property. The client will install the opaque fence as required in the ordinance. The reduction of 15 parking spaces will not create a hardship for the public. That by granting the variance, the The purpose of this ordinance is to provide a barrier between the spirit of the ordinance will be observed apartment project and the adjacent commercial use. The granting of and substantial justice will be done this variance will still conform to this concept. The properties will be separated by an opaque fence. The space between the apartments and the property line is within a 20 foot Entergy easement and there will be no construction in this area. Case Type: Planning and Zoning Page 1 of 2 Case #: PZ2023-230 Printed On: 6/12/2023 FAiUST Engineering and Surveying,. Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 5550 Eastex FreeWay, Suite O Beaumont, Texas 77708 Surveying Firm Registration No.100024-00 Engineering Firm Registration No.4800 ATTACHMENT TO APPLICATION FOR VARIANCE 6010 MUELA CREEK DRIVE BEAUMONT, TEXAS Variance - Screening Buffer The owners of this project are requesting a variance of the requirement for a 10 foot screening buffer adjacent to the north line of the project. The property adjacent to the north line of the project is the Pointe Apartment Complex. This property is zoned RM-H (medium density multiple family dwelling) and is fully developed. Adjacent to the apartment project south line and our project's north line is a 20 foot Entergy easement (Clerk's File No. 20042585 JCOPR) which encompasses overhead electrical power lines. The 10 foot buffer requirements are identified in Section 28.04.06(f)(1) of the City of Beaumont Zoning Ordinance and are identified as follows: Perimeter Landscaping and Screening La When a commercial or industrial use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple -family dwelling use is established on a lot or premises 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 it and the adjacent residentially zoned property. 2 In an open space buffer planting strip required under the terms of this section, a minimum of one (1) class A tree or two (2) class B trees shall be planted and maintained for each twenty-five (25) lineal feet or portion thereof of said open space buffer strip. The required trees may be planted anywhere within the buffer strip with a minimum of ten (10) feet apart for class A trees and a minimum of five (5) feet apart for class B trees, Refer to definitions on tree size. 23122 variance letter revised Open Space Buffer Planting Strip In addition, an eight -foot high opaque fence or wall shall be erected and maintained along the property line to provide visual screening. The fence or wall shall be masonry or a wood diagonal, horizontal or vertical stockade type privacy fence, although the framing may be metal." The City of Beaumont Ordinance provides for different planting requirements when overhead power lines are within 30 feet of the outermost power line. The Ordinance states: "If overhead lines are present along the perimeter landscape edge, no trees will be permitted in that perimeter landscape edge. In addition, no trees shall be permitted within a thirty-foot distance from the outermost power line." This section restricts the planting of trees within plant buffers due to overhead electrical lines, thus only allowing shrub planting. Since the opaque fence will shield the shrub planting from the apartment occupants, the 10 foot buffer is not necessary. There will be a 20 foot easement between the apartment project and this project for proper screening. This variance request is to vacate the requirement for the 10 foot screening buffer, but to require the 8 foot opaque fence along the north line of the project. This variance was approved on the project at 5910 Muela Creek Drive. A review of the conditions of the variance request is as follows: CONDITION A: The granting of this variance will not be contrary to the public interest. The property is adjacent to a 10 acre apartment project. There are overhead power lines located along the property line and this area is overgrown. The client is asking for a variance to the 10 foot buffer required along the north line of the property since a 20 foot buffer was created by the easement and trees are not allowed within 30 feet of the outermost electrical line. The client will place an opaque fence along the property. CONDITION B: The literal enforcement of the ordinance will result in unnecessary hardship. There exists a 20 foot Entergy easement adjacent to the north line of the property. The 10 foot buffer would reduce the depth of the building or eliminate a row of parking along the north side of the property. The client will install the opaque fence as required in the ordinance. 21Page CONDITION C: The spirit of the ordinance will be observed. The purpose of this ordinance is to provide a barrier between the apartment project and the adjacent commercial use. The granting of this variance will still conform to this concept. The properties will be separated by an opaque fence. 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