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Home My WebLink AboutPZ2024-136DATE: June 6. 2024 TO: Board of Adjustment FROM; E|aynaLuckev Planner SUBJECT To consider a requestfor aVariance tothe m\nimumside yard setback and pavement setback requirements inacommercial zoning district. RLE: PZ2024-136 STAFFREPORT Richard and Chris Daleo are requesting a Variance to the side yard setback requirements and pavement setback requirementsfor the property located atS975Highway 1OS. The property 15zonedGC-MD (General Commercial —Multiple-Family Dwelling), which requires a minimum side yard setback of5' The applicant is seeking toreduce the minimum structure setback requirement from S'toO.73' and pavement requirement from 2' to 0 for the reconfiguration of their existing carwash. This property was affected by the Highway 105 widening project losing SUbstantial frontage to the TXDOT project leaving limited area for expansion. 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 tothe public interest; Bl That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness _, shape topography nrother exnaord|naryorexceptiona| physical situation or hardship physical condition unique to the specific piece of property in question. "'Unnecessary handicap" shall mean physical hardship relating to the property itself. The following may also be considered when determining "'unnecessary handicap": (i)The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii)Comp|iance would result in a loss to the lot on which the structure islocated of at least twenty-five (25)percent of the area onwhich development may physically occur; UiU Compliance Would result in the structure not in compliance with a requirement of another c ity ordinance, building code, or other requirement; (1v) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must not result from the applicant's or property owner's own actions; [1 That by granting the Variance, the spirit of the ordinance will be observed and Substantial justice Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 8 . Responses ioFavor . Responses inOpposlt|on LEGAL DESCRIPTION Being Tract /LMaLRS4 Abstract 17W.B. Dyches survey, Beaumont, Jefferson County, Texas,, containing '344acres more orless. NN: POETIE XSIG LNSS FLOOD HAZARD SURROUNDING LAND USES: NORTH: Commercial EAST: Commercial SJUTH: Commercial WEST: Residential COMPREHENSIVE PLAN: SANITARY SEWER SERVICE: Da|eoCar Wash Richard and Chris Da|eo 597SHighway lO5 GC -MD (General Commercial —Multi-Family Dwelling) ~0.3444acres Commercial X —Area determined to be outside the 5[0' yearOoodp|a(n SURROUNDING ZONING: GC -MD (General Commercial Multiple -Family) GC-N1D RIVI-H (Residential Multiple -Family— High Density) Neighborhood growth unit Highway 105 — Major Aricda|vWLhalZO'r' and 7O'pavement width. Curb and gutter. O"water line onHighway 1O5. PROPERTY OWNER NOTICES SENT WITHIN 2001 RETAIL I N VESTO RS OF TEXAS LTD DALEO CAR WASH LL SOUTHWESTERN BELL 15 RENTALS LL LE FD PORTFOLIO III LL PIS LL BANI ST N KELLEY MARIE 15 RENTALS LL BEAUMONT Planning & C0111111LInity Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Concrete allowance to south and west Case #: PZ2024-136 boundary of property Location: 5975 HWY 105, BEAUMONT, 77708 Initiated On: 5Y7/2024 2:28:50PM Individuals listed on the record: Applicant Daleo Car Wash LLC Home Phone: 798 Countrywood it Work Phone: Sour Lake, TX 77659 Cell Phone, 409-782-2095 E-Mail: richard—daleo@yahoo.com Property Owner Richard Daleo Home Phone: 798 Countrywood it Work Phone: Sour Lake, TX 77659 Cell Phone: 409-782-2095 E-Mail- richard—daleo@yahoo.com Owner 2 Chi -is Daleo Home Phone: 155 Pinelake Work Phone, Sour Lake, TX 77659 Cell Phone: 409-782-8658 E-Mail: daleoinvestmentgroup@gmail.com Legal Description 5975 State Highway 105 Beaumont, Texas 77708 Jefferson County, Texas 100'x 150'Tract of Land out of G.R. Buckner Homestead Tractin the W.B. Dyches and A. Duwe Surveys Type of Variance: Variance That the granting of the variance will The variance requested is to allow concrete paving to the south and not be contrary to the public interest west boundaries of the property for our proposed tunnel car wash project. No impact to our neighboring properties will exist. That literal enforcement of the Our proposed car wash renovation depends on every square fcot of ordinance will result in unnecessary the property to allow proper vehicle traffic, and maneuverability to hardship access pay stations vacuums, and the entrance/exit to the proposed tunnel car wash bay. That by granting the variance, the We believe that granting this variance is critical to the success of our spirit of the ordinance will be observed proposed tunnel car wash with zero impact to our neighboring and substantial justice will be done properties. Notes: Case Type- Planning and Zoning Page I of I Case #: PZ2024-136 Printed On- 511512024 May 8, 2024 City of Beaumont / Planning Divisioll Attn.- Elayna Luckey Subject-, Daleo Car Wash LLC 5975 Highway 105 Bea niont, TX 77708 Dear Plaiuiiiig Division, Daleo Car Wash LLC is requesting a variance on the south and west boundaries of our property located at 5975 Highway 105, Beaumont, Texas 77708, for a business remodel. The property currently contains a four bay self -serve with one automatic car wash. The self -serve portion of the car wash was originally constructed in 1977 by my father, with the car wash structure and concrete beginning on the edge of the west boundary and has remained the sainc since. The automatic portion of the car wash was constructed in 2006 along the cast boundary adjacent to a 30' ingress/egress easement, which was approved by the City of Beaun-iont during the pert it. process at that time. We are proposing to demolish. the self serve portion of the car wash and the vacuum canopy and convert the automatic portion to acconiniodate an 80' drive thru express tunnel car wash. A decrease in demand for self -serve type car washes and an overall decrease in revenue is the driving force behind the proposed changcs to remain competitive in the market and keel) our family business alive. During our planning process, efforts were inade to design this new addition to be competitive with the surrounding tunnel car washes. Since the highway expansion many years ago took a significant portion of our frontage, we are only able to fit a maxtinum tunnel bay length of 80" and allow smooth flow of vehicle traffic to our vacuum stations and pay stations. We believe after careful car wash equipment choices and placement in the twinel bay, Svc will provide the same or better quality service, even though most of our competitors have niuch longer tunnel bays. With that said, we believe that the only way to make this happen is by utilizing every square foot of our property. Easy access to our pay stations and the ability for vehicles to maneuver are critical to allow the vehicles to properly line tip for tLinnel entry and exit. We are using the 111illiMUDIcar wash manufactLirer recommended traffic widths and turning radiuses due to our limited available property, which is precisely by we are requesting this variance. Our Property contains two adjacent properties to the south (AT&T) and west (single family honle). Earlier this year an elevation survey was conducted by Faust Engincering and Surveying, Inc, which showed our property to be at a higher elevation than our neighboring properties. Our request is to allow us to pour concrete paving to the south and west boundaries for parking and vehicle traffic. The south and west boundaries would be curbed and the concrete paving would be sloped to contain all rainwater runoff to our existing storin water drainage system. In addition, a privacy fence would be installed to prevent people or vehicle encroacluiient onto the adjacent properties. We hopc the planning board will understand how this variance request is critical to the c1csign and success of this proposed project. We believe that there will he zero impact to the neighboring properties with the addition of curbing, proper draiiiage, mid privacy fencing. Wcarc excited about this next step in our over 40 years as a family business and look forward to handing this down to the next generation. Sincerely, Richard Dalco Daleo Car Wasli LLC 798 Lour trywood Cir Sour Lake,, TX 77659 Email- richard daleo 2cyaliooxoni Phone: 409-782-2095 p 17 -13 : To consider a request for a Variance to the minimum side yard setback and pavement setbackrequirements in a commercial zoning district. Applicant: Richard l aleo and Chris Daleo Location: 5975 Highway 10 100 I I I Feet e _ Legend') P- 13 GC -MD 0 r 71 S ti (n Iy 51ar . . ........ a "6 MOM —,— S — — — k HWY 105 �ro a . +y AOKI al 1 i .a t 1 =