The URL can be used to link to this page

Home My WebLink AboutPZ2024-179 (02)DATE: August1,ZQZ4 TO: Board of Adjustment FROM: ElavnaLuckey Planner SUBJECT: To consider a request for a Variance to the minimum rear yard setback requirementsin commercial zoning district. RLE: PZ2024'179 STAFF RFPORT This item was tabled at the July 11, 2024 meeting of the Board due to the absence of the property owner and applicant. Hani Tohme on behalf of Arif Alif is requesting a Variance to the minimum rear yard setback requirements for the property located atS]1UConcord Road. The property |szoned GC -MD (General Commercial —Multi- Family DweUing)whichnequ|resamin|mumrearyanjsetbackof15".TheappUcantisseeNngioreduceihe minimum rear yard setback from 15' to S' in order to construct a new convenience store while operations continue in the existing store. Once the new store is completed the existing building will, be demolished. The applicant shall have the hUrden of proof to demonstrate that all three conditions necessary for approval have been met: AJ That the granting ofthe Variance will not becontrary tothe public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional phys1oa| situation or hardship physical condition unique tothe specific piece of property in question. "'Unnecessary handicap" shall mean physical hardship relating iothe property itself. The following may also be considered when determining "unnecessary handicap": (UThe cost ofcompliance with the zoning ordinance is greater than fifty (SO)percent ofthe appraised value of the structure as shown on the most recent certified appraisal roll; UU Compliance would result in a loss to the lot on which the structure is located of at leas twenty-five (25) percent of the area an which development may physically occur; (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v)The city considers the structure tobeanonconforming structure. Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result [1 That by granting the Varia nce, the spirit of the ord inance will be observed a nd su bstantia I justice will be done. Fxhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 10 . Responses \nFavor Responses inOpposition LEGAL DESCRIPTION Being Tract 2lA,Plat D'G A.Williams Survey, Beaumont, Jefferson County, Texa�containing O.3749acres, more orless. GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: HaniTohme NEW BEGINNING HORIZONS CORPORATION LL[ 3310Conoznd GC -MD (General Commercial —Multi-Family Dwelling) ~0.3749acres Commercial X—AreadeterminedtobeoutsNetheSOO' yearfloodp|ain NORTH: Commercial GC -MD (General Commercial Multi -Family Dwelling) EAST Vacant GC'yND SOUTH: Commercial GC-k4O WEST: Commercial GC -MD COMPREHENSIVE PLAN: SANITARY SEWER SERV.ICE: Conservation Revitalization Concord Road — Secondary Arterial -Urban Street with an8O'right-of-v/ayand 4S`pavement width. {Pope Street — Local Street with aOS'dgh1-of-vvayand a 23~pavement width. Curb and Gutter. O"water line onConcord Road. 18~ sanitary sewer One on Concord Road. PROPERTY OWNER NOTICES SENT WITHIN 2001 FIP MASTER FUNDING II LLC POWER INC NEW BEGINNING HORIZONS CORPORATION PLC GRADO CHARLES GOOCH ANGEL HERNANDEZ MARIO ALVAREZ & [3ATHLA ENDEAVORS LLC JOHNSON KOURTNEY ALVEREZ MARIO & MANUELA ZAMORA (CD) HUNT MARIA B EAV MC3 N T Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Gas Station Case #: PZ2024-179 Initiated On: 6119/2024 4:19-41 PM Location: 3310 CONCORD RD, BEAUMONT, 77703 Individuals listed on the record: Applicant Hani Tohme Home Phone: 85 Interstate Frontage Rd. Suite 204A Work Phone: Beaumont, TX 77707 Cell Phone- 409-782-9520 E-Mail: tohmehani@yahoo. GOM Property Owner Arif Ali Horne Phone: Missing Address, City, State, or Zip Code in People Work Phone: Cell Phone: E-Mail.- Legal Description PLAT D-6 TIC 21 A A WILLIAMS .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 Commercial -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 be 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 he 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 1 of I Case #: PZ2024-179 Printed On- 6124/2024 To: City of Beaumont Planning Division Beaumont Board of Adjustments Re- Request for Variance or Special Request 3310 Concord Beaumont, TX 77703 We are requesting a variance of the setback requirements for the location at 3310 Concord, Beaumont, TX due to the needed space to construct the proposed project. In addition, the property to the rear is zoned commercial. Sincerely, FlaiF RL�. ("I I LA n > 4 r— M F11 > z 4'ROPERTY Ljj�E POPE ST. 0 CD C) m CD CD LINE- 21�L, Iq 4z H > FtI 4 GAS STATION K) -0 r-I If a 3310 CONCORD RD, BEAUMONT, TX 77703 i�� P -1: To consider a request for a Variance to the minimum rear yard setback requirements in a commercial zoning district. Applicant: Hani Tohm Location: 3310 ConcordRoad 0 100 I I 1 Feet � Legend' PZ2024-179 f k GC -MD f E