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Home My WebLink AboutPZ2025-111DATE: May 1, 2025 TO: Board of AdjUstment FROM: Flayna Luckey, Planner I SUBJECT: To consider a requestfor aVariance toomit the sidewalk requirements inacommercial zoning district. FILE: PZ2025-111 STAFF RFPORT Nick Ferguson is requesting a Variance to omit the sidewalk requirements for the property located at 4390 W Cardinal Drive. The property is zoned GC -MD (General Commercial — Multi Family Dwelling) and located along an Arterial Roadway. New commercial developments along Arterial roadways require a 5' sidewalk to be constructed. The site plan originally submitted and approved in October 2023, included the required sidewalk, however the sidewalk was indicated to be within the Texas Department ofTransportation (TXDOT) right-of-way. TXDOT did not approve the request for the placement of the sidewalk within their right-of-way. Additionally, the sidewalk was shown to end at a Drainage district 46 to the west and a vacant undeveloped property to the east, establishing that there would be no connectivity to the sidewalk, The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval met - A) That the granting ofthe Variance will not be contrary to the public interest; B) That literal enforcementoftheondinancevWUosultinunnecessoryhardsh)pbecauseof exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional physica Isituation orhardship physica|condition uniqueLothe specUlcpiece ofproperty in question. "Unnecessary hardship," shall mean physical hardship relating tothe property itself. The following may also be considered when determining "unnecessary hardship-"*: (U The cost of compliance with the zoning ordinance is greater than fUtv (50) percent of the 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 least twenty'five(2-5) percent ofthe area on 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; (k)Compliance would result hmthe unreasonable encroachment onanadjacent property or easement; or (v)The city considers the structure tobeanonconforming structure. Asdistinguished fnomahardship relating toconvenience orcaprice, and the hardship mustnot result C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners _7__. Responses inFavor Responses inOpposition LEGAL DESCRIPTION Being aportion ofTract S-AandaporhonofTractG-A,W1nsSC Cartwright Addition, Beaumont, Jefferson SURROUNDING LAND . NORTH: Commercial EAST: Vacant SOUTH: U.SHWY69 WEST: Commercial COMPREHENSIVE PLAN: STREETS: SANITARY SFWER SERVICE: Nick Ferguson Abiding Grace LP 439OVVCardinal Drive GC -MD (General Commercial — Multi Family Dwelling) "8.01-1 acres Commercial X—Area determined tobeoutside the SOO' yearfloodpbin GC -MD (General Commercial — Multi Family Dwelling) GC -MD NA U(Light Industrial) Stable Area —Freewayvvhh varying right-of-way widths. Curb and gutter. B"water line. PROPERTY OWNER NOTICES Ei T WITHIN 2001 ITEX PARTNERS HOLDINGS LLC ANTICH MISSIONARY BAPTIST TIER'S LAIR LP TLC PROPERTIES INC TIGEf 'S LAIR LP BEAUMONT G RACE LA E TOWNHOMES BEAUf`NT PLACE LP BEAVMC3NT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case It: PZ2025-111 Location: 4390 W CARDINAL DR, BEAUMONT, 77705 Individuals listed on the record. - Applicant Nick Ferguson 3735 Honeywood Trail Port Arthur, TX 77642 Agent Tracy Ambridge 3735 Honeywood Trail Port Arthur, TX 77642 Property Owner Abiding Grace LP 9 Greenway Plaza Houston, TX 77046 Case Type: Planning and Zoning Case#. PZ2025-1 11 Case Status: REVIEW Tag Name: Abiding Grace Apartments Public Sidewalk (5/1) Initiated On: 4/4/2025 12,31:47PM Home Phone: Work Phone: Cell Phone: 409-782-6982 E-Mail: nick.ferguson@itexgrp.com Home Phone: Work Phone: Call Phone: 409-540-0134 E-Mail- Tracy.Ambrjdge@itexgrp.com Home Phone: Work Phone: Cell Phone: E-Mail: Page I of 2 Printed On: 4/812025 B EAV IVlE3 N T Planning & Community Development Type of Variance: Variance Legal Description BEING 8.012 (Called 8.011) acres of land out of and a part of Tracts 5-A and 6A Partition Map No. 1, McFaddin Trust, City of Beaumont, and being recorded under Clerks File Number 2023033872 of the Official Public Records of Jefferson County, Texas. That the granting of the variance will The granting of the variance will not be contrary to the public interest, not be contrary to the public interest as it considers the unique features of the property, including a ditch on the West side. The ditch presents a natural barrier that complicates the enforcement of the ordinance on the West end of the property. That literal enforcement of the Literal enforcement of the ordinance would result in unnecessary ordinance will result in unnecessary hardship as it would require the removal of established trees on the hardship property. These trees are integral to the site's aesthetic, environmental, and ecological value, and their removal would not only diminish the property's character but also harm the surrounding ecosystem. The hardship arises from the impracticality of meeting the ordinance's requirements without causing significant and irreversible damage to the natural landscape That by granting the variance, the By eliminating the sidewalk, (lie variance still upholds the spirit of the spirit of the ordinance will be observed ordinance by recognizing unique site conditions and addressing and substantial justice will be done practical constraints. The removal may also help mitigate safety concerns, enhance the overall functionality of the property, and align with the surrounding environment, Additionally, granting this variance serves to provide substantial justice by ensuring that the property owner is not unduly burdened by requirements that are not feasible or necessary in this specific case. No tes - Case Type: Planning and Zoning Page 2 of 2 Case 4: PZ2025-111 Printed On- 4/812025 �ITEX Attention: City of Beatim(ant Planning and Zoning Department P.O. Box 3827 Beaumont, TX 77704 Dear Members of the Planning and Zoning Board, I am writing to fornially request a variance to eliminate the rcquirement for a sidewalk as part of the development of the property located at 4390 W. Cardinal Dr. After careffil consideration of the specific conditions surrounding the property, I believe that granting this variance would serve the best interests of both the property and the community. The request for this variance is primarily due to the following factors: 1. TXDOT Right of Way: TXDOT does not permit sidewalks within their right of way, which restricts our ability to comply with the ordinance as originally intended. 2. DD6 Ditch on the West Side: If the sidewalk were moved behind the property line, it would end abruptly at the DD6 ditch on the west side of the property, rendering the sidewalk incomplete and impractical. The ditch presents a significant physical barrier, further complicating the sidewalk's implementation. 3. East Side Conditions: On the east side of the property, there is a vacant lot with no connecting sidewalk and is densely wooded. This further complicates the continuity of pedestrian access, as it would require additional adjustments to the property that are not feasible without creating unnecessair hardship. Given these conditions, I respectfully request that the city grant a variance to eliminate the sidewalk requirement for this property. Granthig this variance will allow us to preserve the I -T I natural landscape, including the trees, and address the challenges posed by the surrounding cnvirom-nent. 1"his approach ensures that we can develop the property in a manner that respects both the ordinance's spirit and the property's unique characteristics. I appreciate your time and consideration of this request. Please feel free to contact me at (409) 782-6982 or Nielk.FgWuson LaNtexgrp.corn if you have any questions or require additional information. I look forward to your favorable response. THE ITEX GROUP, LLC 3735 Honeywood Ct. Port Arthur, TX 7 764 2 i ivy � x Ell 1141111 H Mi r }rl Ulf frF[I1.1 ttR�Zf��r� .Lill fir In 11 jil� '11, 1� � s#fie 1R�i IF It, ffs E 1 AI k p � � n I I I I I I 1 11 T !77 P� 41 F.4 R 7 r� tir 1r� of 2 u ¢ 4 z , PZ2025-111,11, To consider a request for a Variance to omit the sidewalk requirements in a commercial zoning district. I.Applicant: is Ferguson Location: 4390 W Cardinal Drive 0 100 Feet - , . � I �I ' �II •{� --� • ram.._ JJJ� j ! � e 1 1 � n }+ y�' { L: � � yam" �r . L LI