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Home My WebLink AboutPZ2024-179DATE: July 11, 2024 TO: Board ofAdjustment FROM: BaynaLuckey Planner 8UB]ECT Toconsider orequest for aVariance iothe minimum rear yard setback requirements ine commercial zoning district. FILE: PZ2024-179 STAFF RFPnRT Han|Tohmeonbehalf ofAdfAll, isrequesting oVariance tothe minirnumrear yard setback requirements for the property located at33lOConcord Road. The property iszoned GC -MD (General Commercial —Multi- Family DweUine)vvh\chrequ|nesaminimumrearyardsetbackof1S' The applicant isseeking toreduce the minimum rear yard setback from 15" to 5' in order to construct a new convenience store while operations continue inthe existing store. Once the new store is completed the existing building will he demolished. The applicant shall have the burden ofproof to demonstrate that all three conditions necessary for approval have been met - A) That the granting ofthe Variance will not becontrary tothe public interest; 8) That literal enforcement ofthe ordinance will result inunnecessary hardship because of exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional physical situation or hardship physical condition unique to the specific piece of property in queat|on. "Unnecessaryhendioeo"shaUmeanph\oica|hardshipne|atingtothepropertyitseIf. ThcfoUowingmaya|sobeconsideredvvhendeterm\n|ng"unneoessoryhondicap^� 0The 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; /N[ompliance would result |naloss to the lot on which the structure is located'of at least (2-5)percent ofthe area on which deve|o[men,tmay physically occur; (iiUCompliance would result }nthe structure not incompliance with arequirement ofanother city ordinance, building code, or other requirement; (iv) Compliance would result inthe unreasonable encroachment onanadjacent property or easement; or () The city considers the structure tobeanonconforming structure. Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship mustnot result from the applicant"s or property owner's own actions; (] That bvgranting the Variance, the spirit ofthe ordinance will beobserved and substantial justice Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 10 . Responses in Favor . Responses in Opposition - LEGAL DESCRIPTION Being Tract 21A,. Plat D-6,, A. Williams Survey,, Beaumont, Jefferson County, Texas,, containing 0.3749 acres,, more or less. Han|Tohme NEW BEGINNING HORIZONS CORPORATION LLC 3310[onmon1 GC -MD (General Commercial —Multi-Family Dwelling) ~0.3749acres Commercial X —Area determined to be outside the SOO' yearflood plain NORTH: Commercial GC -MD (General Commercial Multi -Family Dwelling) EAST Vacant GC-N1O SOUTH: Commercial GC -MO WEST: Commercial GC -MD COMPREHENSIVE PLAN: Conservation Revitalization Concord Road — Secondary Arterial -Urban Street with an8O`right-of-wayand4S'pavementvv|dth. Pope Street — Local Street with aO5'right'of-vvayand a Z3'pavement width. Curb and Gutter. O"water line ouConcord Road. 18"sanitary sewer line onConcord Road. PROPERTY OWNER NOTICES SENT WITHII 01 FIP MASTER FUNDING 31 LLC POWER INC NEW BEGINNING HORIZONS CORPORATION LLC GRApO CHARLES GOOCH ANGEL HERNANDEZ MARIO ALVAREZ & BATHLA ENDEAVORS LLC JOFiNSON KOURTNEY ALVEREZ MARIO & MANUELA ZAMORA (CD) HUNT MARIA BEAVMC3NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Gas Station Case#: PZ2024-179 Initiated On: 6/19/2024 4:19-41 PM Location: 3310 CONCORD RCS, BEAUMONT, 77703 Individuals listed on the record. - Applicant Hani Tolime Home Phone: 85 Interstate Frontage Rd. Suite 204A Work Phone: Beaumont, TX 77707 Cell Phone- 409-782-9520 E-Mail: tohmeliani@yahoo.com Property Owner Arif Ali Home Phone: Missing Address, City, State, or Z i p Code in People Work Phone: Cell Phone- E-Mail: Legal Description PLAT D-6 TR 21 A A WI LLIAMS .3749AC Type of Variance: That the granting of the variance will The existing site is a convenience store and gas station. The not be contrary to the public interest proposed project will be a new store to serve the public. The new proposed building will have a modern look with architectural design that will be aesthetically pleasing. In addition, the proposed building will provide better ingress and egress area. Since the property is located In the General CornmerGial-Multifamily Dwelling area the requested set back will not have any negative impact on adjacent properties. That literal enforcement of the Expansion would not be feasible. The main objective of this project is ordinance will result in unnecessary to provide a larger building to serve the needs of the customers based hardship on the owner's experience in managing the existing store at this location. This increase in building footprint can not be achieved with the required rear set back. In addition, the proposed building can only be placed to the rear of the property due to the existing gas canopy and appurtenances. The proposed structure will replace the existing older building and additional parking will be required. The proposed new building would only meet ordinance requirements with sidewalk, parking and handicap access with requested set back. This will not he economically feasible to the owner if the requested set back is not approved. That by granting the variance, the The setbacks listed in the ordinance are specific for front, rear, left, spirit of the ordinance will be observed and right. For this setback request from the rear of the property) can and substantial justice will be done be 5 feet while abiding by the spirit of the ordinance. This is justified because the rear of the lot is along the left side of the adjacent lot which is allowed to be 5 ft setback as per the ordinance. Notes: Case Type: Planning and Zoning Page I of I Case 4- PZ2024-179 Printed On: 6/24/2024 To: City ofBeaumont Planning Division Beaumont Board ofAdjustments Re- Request for Variance orSpecial Reouet 3310 Concord Beaumont, TX 77703 We are requesting a variance of the setback requirements for the location at3310Concord, ��ont.. TXdue tothe needed space to construct the proposed project, In addition, the property tothe near is zoned commercial. (�n (/) n > M > z --------PROPERTY LIK 38.7' 5.0* m x Vq 0 X Ll j r__', Ln 7— n Z C_ C3 cc) 0 F _9 FT, _u ED 0 EU r ir v Ir 0 2�. 1 Ct- '7 16.3 35. 0 UNL- Ct POPE ST. C3 n M CD m Uzi? > m GAS STATION C: 8 7) 5> 0 3310 CO N CO RD R D, B EAUMONT, TX 77703 r-:z L9 a M 7- -4 7r.p Is Ch �3 7 z ;a GC-MD- 1 PZ2024-179-., To consider a request for a Variance to the minimum rear yard setback requirements in a commercial zoning district. Applicant: Hani Tohme Location: 3310 concord Road 4r 4k 00, C 0 0 100 I i I Feet Legend PZ2024-179 IF GC -,MD