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Home My WebLink AboutPZ2024-334DATE. December 5,2O24 TO: Board of Adjustment FROM: Elayna Luckey, Planner 1. SUBJECT Toconsider arequest for aVariance tothe perimeter landscaping requirements for a parking lot of a commercial development. FILE: PZ2024'334 STAFFRFPcnr Ham Tohme,onbehalf ofproperty owner Sam\rKaredie, isrequesting aVariance tothe required perimeter landscaping for a parking lot of a new commercial development located at 4705 Magnolia Avenue. Section �.�.��h)0�)��es��e��bu�s��m�ato ngeach side ofoporking lo t tho t foces towards opublic righy-of-way."The applicant states that the required landscaping will leave approximately 10 feet for a drive isle between the canopy and the landscaping, which will prevent cars and trucks from entering and exiting the property. |nJanuary of2OZ2aVariance was granted toombtheoequired1ybufferbetweencommeodm| developments and residential zoning districts to the west of the development and reduce the required rear buUdingset backfro ml5/to5'along thewest sideofthedeve>opmenttoalow for more ngai)space.The initial construction plans were approved in AUgLISt of 2022, which included the required 6" wide perimeter landscaping buffer along both Tyler Street and Magnolia Avenue. In February of 2024 as construction was underway the design professional contacted staff toinquire about the process ofremoving the landscaping requirement along Magnolia. Staff informed the design professional and property owner that the request to removethe1andscapinQwou\drequ1neanopprove Var|ance.Theconstructionisnow com|ngtoaclose ond the applicant is seeking a Certificate of Occupancy to begin operations', however the required 6' wide perimeter landscaping buffer has not been installed without the benefit of an approved Variance. 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 ofthe ordinance will result in unnecessary 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 question. "Unnecessary handicap," shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary handicap": (UThe cost ofcompliance with the zoning ordinance is greater than fifty 8Olpercent ofthe appraised value of the structure as shown on the most recent certified appraisal roll; (ii) 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 on which development may physically occur; (iii) Compliance would result in the structure not in compliance with a requirement of another (k) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v)The city considers the structure iobeanonconforming structure. Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result from the applicant"s. or property owner's own actions; [] That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBUC NOTIFICATION Notices mailed to property owners 24 Responses |nFavor . Responses inOpposition _____. LEGAL DESCRIPTION Being Lots 1-3, Block ZHege|eAddition, Beaumont, Jefferson County, Texas, containingO~482 acres, more orless. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: HanlTohme OWNER:PROPERTY 3am(rKared}a LOCATION, 47OSMagnolia Avenue ZONING:EXISTING GC -MD (General Commercial -Multi Family Dwelling) PROPERTY SIZE: "0.482acres USES:EXISTING LAND Commercial FLOOD HAZARD ZONE: X—Areadetennlnedtobeout idetheSOO- yeerfloud plain USES:SURROUNDING LAND SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial -Multi Family Dwelling) EAST Residential GC'KHD SOUTH: Commercial GC -MD WEST: Residential RKx-H (Resid e nti a I M u I ti- Fa rn i ly — H igh Oans{ty) COMPREHENSIVE PLA.N*. Conservation Revitalization STREETS: M a gno I i a Ave n u e —SecondaryArter/a| Streeiwit h a 65' r|ght.of-wayand SO'pavement width. Tyler Street — Local Street with a SZ' right-of-way and ZO'pavement width. DRAINAGE: Curb and Gutter. WATER: 6"water line. SERVICE:SANITARY SEWER 8"sanitary sewer line. PROPERTY OWN E R NOTI CES S ENT WITHIN 200' ABOVE PAR LLC ABOVE PAR LLC BEN REAL ESTATE LLC ARBEN REAL ESTATE LLC ARBEN REAL ESTATE LLC DAVIS RONNIE G LEDELL SR NAZS ENTERPRISES INC RESEDIZ NESTOR & HERLINDA GREEN ASHLEY LEDAY ALVIN SR CAMARO ARMANDO UILLORY JOSEPH R BELL DAVID CARRIN TONJETHRO RO ERS AQSAM BUSINESS LLC HAF'EAN INC LAN D Y ANTI ON ETTE ARCIA ELIJIO & MARIA DOLORES ANTON MNLIEL JR GLOBAL ONE ENTERPRISES ATTHEWS FREDDIE ARBEN READ, ESTATE LLC ROY AARON DEMOfD JAMIL MUHA MAD A EEL B EAV MC3 N T Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Store with Gas Station and Washateria Case M PZ2024-334 Initiated On: 10/30/2024 4:01:31PM Location: 4705 MAGNOLIAAVE, BEAUMONT, 77703 Individuals listed on the record: Applicant Hani Tohme Home Phone: 85 Interstate Frontage Rd. Suite 204A Work Phone: BeaLlmont, TX 77707 Cell Phone: 409-782-9520 E-Mail- tohmehani@yahoo.coni Property Owner Samir Karedia Home Phone: 832-877-4499 8325 Lake Tahoe Dr. Work Phone: Nederland, TX 77627 Cell Phone: E-Mail- karediasani@yahoo.com Legal Description HEGELE LT S 1-3 B2 4705-11 MAGNOLIA Type of Variance: Variance That the granting of the variance will Prior to the construction of the new convenience store, the previous not be contrary to the public interest business did not have any landscaping on the Magnolia Street side of the property. In addition, all the businesses in the vicinity of 4705 Magnolia Street do not have any landscaping. Therefore, the requested variance will keep this property's appearance similar to the neighboring properties while providing better access to the clients. That literal enforcement of the The building, gas canopy and gas pumps have been installed. The ordinance will result in unnecessary installation of the 6 feet wide landscaping on the private property will hardship eliminate the ability of cars and trucks to be able to leave after filling up with gas. After investing over a million dollars developing this site, the owner will not be able to operate the facility if he does not get the variance for the 6 feet wide landscaping causing him financial hardship. That by granting the variance, the Granting the variance will provide the citizens in the neighborhood a spirit of the ordinance will be observed brand new facility to purchase gas, buy household items and a new and substantial justice will be done food establishment. In addition, the neighborhood will have a state of the art washateria available to them to use. The variance will provide justice to the citizens by bringing to their neighborhood a new facility and to the owner by allowing him to operate the business. Notes: Case Type, Manning and Zoning Page 1 of I Case 4: PZ2024-334 Printed On: 11/7/2024 To: City ofBeaumont 11/06/2024 Planning Division Beaumont Board of Adjustments Re: Request for Variance orSpecial Request REVISED 47OSMagnolia Street Beaurnon�TX777OS The property owner is requesting a variance to eliminate the landscaping requirement on the property side facing Magnolia Street at the above referenced address. The building and gas canopy have been constructed. The installation ofa6feet wide landscaping at the property side facing Magnolia Street will leave approximately a 10 feet wide drive between the canopy and the landscaping, which is not enough for the cars and trucks to turn in order to leave the property or enter the gas pumps. The approval of the requested variance will allow the business to open and provide safe entrance and exit tothe clients. Dr. Han\Tohme, P.E. r-' Cq 0 ► , 70 Ili M lei f M r ir I 1 q r Y CA '1� rq m i 1 CA r Cn r rM LA rn jA �4 z i rn > EXISTING BUSINESS CD -u 4705 MAGNOLIA AVE, BEAUMONT, TX 77703 PZ2024�334: To consider a request for a Variance to the landscaping requirements in a commercial zoning district. Applicant: Hani Tnhme Location: 4705 Magnolia Avenue 0 100 Feimt IU Legend .,PZ2021-334 OP jS 7 0 �0 GOMD AOPW-jp GC -MD TA Rjg�H 01b, A w aw 0 GC -MD RM-14 RM'H Ar RM-H