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Home My WebLink AboutJune 2025 BOA Packet* * *AGE E P� �� /\ BOARD OF ADJUSTMENT June 5'2025 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:OO p.nm. The meeting will also be broadcasted on the City's YouTube channel: https://www.youtube,com/channel/UCnY6nNk8zfXZulMglzbwE *A G E N D A * nn|| rA!! APPROVAL OF MINUTES Approval of the nninutes of the meeting held May 1, 2025. SWEARING IN OF WITNESSES PUBLIC HEARING 1\File :Toconsider arequest for aVariance tothe landscaping ofoff-street parking requirements. Applicant: Brad Wilson Location - 3O25NOovv|enRoad 7\ Toconsider arequest for aVariance tothe rear and exterior side yard setback requ\renlentsfor a new connrnenz1a| development. Applicant: Rahi|K4aredia Location: 680 Buford Street �AFile :Toconsider arequest for avariance tothe perimeter landscaping requirements for acommercial development. Applicant: Rafael Aguilar Location: 2035 College Street OTHER BUSINESS Amr>i.|p°u Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested tocontact Jacqueline K.Gunner at4O9'88O-97O2. *MINUTES* BOARD OF ADJUSTMENT May 1, 2025 Council Chatnbei-s, City Hall, 801 Main trey t, Beaumont, Texas A meeting of the Board of Adjustment was held on May 1, 2025 and called to order at 3:00 p.m. with the following members present: Chairman Dana Tiniaeus Board Member Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Steve Lucas Alternate Board Member Chris Jones * arrived at 3:17 p.m. Board Menibers. absent: Board Member Joey Hilliard Also present: Elayna Luckey, Planner Shame Reed, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Mein-ibcr Beaver moved to approve the minutes of the February 6, 2025 meeting. Alternate Board Member Lucas seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:03 p.m. PUBLIC HEARING 1) File PZ2025-104-. Applicant: Location: To consider a request for a Variance to the minimum side yard setback requirements in a commercial zoning district. Eduardo Rodriguez 2530 N. I It" Street BOARD OF ADJUS"I'MENT May 1, 2025 Mrs. Luckey presented the staff report. Eduardo Rodriguez is requesting a Variance to reduce the minimum side yard setback requirement for the southern property line at the property located at 2530 N I I"' Street. The property is mixed zoned GC -MD (General Commercial — Multi Family Dwelling) and R-S (Residential — Single Fainily Dwelling), however the proposed structure will sit within the GC -MD portion of the property. The GC -MD zoning district requires a minimum setback of 5' when abutting a property in a nonresidential district. The applicant is seeking to reduce the setback requirement from 5" to 4' at the southern property line to construct a storage building. The location and size of the proposed accessory building was designed to be aligned with the existing building to prevent the loss of any additional parking. The applicant shall have the burden ofproofto demonstrate that all three conditions necessary for approval have been met: A) "I'liat the granting of the Variance will not. be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself. The following may also be considered when determining (�uiuiecessary hardship"'-. (i)Tlie 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) Compliance would result. in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which developii-ient 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) 'I"he 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; Q That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. 2 USrI,ME BOARD OF ADJ JNrli May 1, 2025 Sixteen (16) notices were mailed to property owners within two hundred (200) reet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. Slides, of the subject property and site plan were shown. Brief discussion followed concerning the specifics of the site plan. The applicant was present. Eduardo Rodriguez, 2530 N. 11"' Street, Beaumont, Texas addressed the Commission. Assisting him with translation was Ruth Sanchez. He stated that the property is tight on parking already and to maintain their parking area, they are seeking the variance so that the building aligns with the existing church. Chairman Timaeus asked for clarification on the use of the structure., Mrs. Sanchez stated it will just be for storage of the church' s equipment and will not be occupied. Board Member we moved to approval a request for a Variance to reduce a minimurn side yard setback requiremciat in a commercial zoning district from 5' to 4' at the southern property line of property located at 25 3 0 N. I I"' Street to allow construction of a new storage building, as requested ire File PZ2025-104. Alternate Board Member Lucas seconded the motion. A roll call vote was taken. Chairman Tiniaeus- Aye; Board Member Beaver- Aye; Board Member Rowe- Aye; Board Member Sorrell - Aye; Alternate Board Member Lucas- Aye. "I"he motion to approve the request carried 5:0. 2) File PZ2025-11 1: Applicant: Location: To consider a request for a Variance to omit the sidewalk requirements in a commercial zoning district. Nick Ferguson 4390 W. Cardinal Drive Mrs. Luckey stated that this item has been withdrawn and application placed on the Plaiming Commission agenda for May 1. 9t". 3) File PZ2025--I I 1 -4 Applicant: Location: To consider a requcst for a Variance to reduce the minimum front yard setback along Fannin Street and to reduce the mininium perimeter and off-street parking landscaping requirements to the parking lots to the north and northwest of the development. Baptist Hospitals of Southeast Texas 3250 Fannin Street Chairman Timacus explained that Board Member Rowe would be abstaining so in order to have a Bill quorum, the board would recess until Alternate Board Member Jonas arrived. The mcefilig was called back into order after Alternate Board Member Jones' s arrival at 3:17 p.m. 3 BOARD OF ADJUSTMEN rl, May 1, 2025 Mrs. Luckey presented the staff report. Baptist Hospitals of Southeast Texas is requesting three variances for the property located at 3250 Fannin Street, which is zoned GFC-MD (General Coniniercial — Multi Family Dwelling). The zoning ordinance requires a 20' front setback, perimeter landscaping along parking area fachig a public right-of-way, and permanently landscaped islands, peninsulas, or niedians within parking areas with more than 20 spaces. Reque-stcd variances: 1. Front Setback (South Side) The applicant seeks to reduce the front setback along Fannin Street fron-i 20' to 5' to aneon-miodate a proposed expansion. To align with the intent of the landscaping ordinance, landscaping will be installed along the front property line abutting Fannin Street to screen parking areas and enhance property appearance. 2. Perimeter and Landscaping Edge Reduction (North Side) With the planned expansion to the south enabling removal of existing buildings to the north, additional parking areas for employees and supply deliveries will be created. The applicant requests to reduce the required 6-foot landscaped edge along the northern property fine abutting Brenham Street and the 10' perimeter buffer between the commercial and residential zoning district to the north of the site. They intend to replace the fence to provide an opaque screen shielding the parking arca from Public view to maintain a buffer with nearby residential properties along Brenham Street. 3. Eliminate Landscaped PenInsula. Requirements (North & Northwest Parking lot) The buildings existing along the north property line will be removed and replaced with approxiniately 78 parking spots. The Northwest parking area has 57 parking spots and tile proposed reconfiguration will create 69 parking spots. The ordinances require I landscaped peninsula per 10 parking spaces for parking areas containing more than 100 spaces. The applicant requests to reduce the minimum off-street landscaping requirements for the north and northwest parking lot from 14 peninsulas to 0. Reducing the number of peninsulas will allow separation of staff and visitor parking areas while maxinn zing the available staff parking. The applicant shall have the burden of proof to dernonstratc 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 of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unneecssary hardship" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary hardship": 4 BOARD OF ADJUSTMENT May 1, 2025 (i) The cost of compliance with the zon-hig ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Conipliance would result in a loss to the lot on whicli the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; (iii) Compliance would result in the structure not in con-1pliance with a rcqUirement of another city ordinance, building code, or other requirement; (IV) Compliance would result in the unreasonable encroaclui-ient on an ac�lacent 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; C) "I'hat by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. "I"hirty-five (35) notices were mailed to property owners within two hundred (too) feet of the subject property, Zero (0) responses were received in favor and zero (0) were received in opposition. Slides of the subject property and site plan were shown Brief discussion followed concerning the specifics of the site plan and a rendering packet provided by the applicant. Repre sentative of t he applicant were present. Zach Rowe of Le avins D e si gn and Engineering, 3 250 Eastex Freeway, Bcaumont, Texas and Ronald Jones of Architectural Alliance, Inc. 350 Pine Street, Suite 720 Beauniont ,r texas addressed the Commission. Mr. RoNve clarified the landscaping and driveway placer -lent. Mr. Jones stated that provided further details about the project. Further discussion followed conceming the parking, rights of way and landscape requirements. Eric, Meadows of Phelan Investmcrits, 106 W Caldwood, addressed the Board. He stated that his company owns a building near the subject property and that he was not aware of this request until 3 days prior to the meeting and that this project may negatively impact his building and recorded parking easements. Justin Doss, CEO of Baptist I-lospital, 3080 College St, addressed the Board. He stated that they 5 BOARD OF ADJUSTMENT May 1, 2025 intcnd to be good neighbors and that they would work with Phelan investments to address their concerns. Chairman Tilneaus suggested that the item either be tabled or the meeting recessed for the parties to discuss. The meeting was recessed at 3:52 p.m. and was called back to order at 4:07 p.m. Mr. Meadows and Mr. Doss returned to the podium and stated that they were able to meet and lie feels confident they will be able to work together to resolve the issues. Board Member Timeaus moved to approve a request for a Variance to the minimum front yard setback requirements along the southern boundary at Fannin Street from 20' to 5' maintaining landscaping to meet the intent of the ordinance; to approve a Variance to eliminate the landscaping edge along the northern boundary and 10' landscaping buffer between the residential and commercial districts, maintaining the opaquc screen along the boundary; and, to approve a Variance to eliminate landscaped islands and peninsulas required in the north and north west parking lots only, as it relates to the property at 3250 Fannin, as requested in File PZ2025-119. Board Member Beaver seconded the motion. A roll call vote mras taken. Chairman Timaeus-Aye; Board Member Iaver-Aye; Board Men-lber Rowe -Abstain; Board Member Sorrell -Aye; Alternate Board Mcniber Jones -Aye; Alternate Board Member Lucas -Aye. The motion to approvc the request carried 5:0:1 (Rowe). OTHER BUSINESS None. THERE BEING'N0 FURTHER BUSINESS, THE, MEETING WAS ADJOURNED AT 4:25 PIMI V DATE: June 5, 2025 TO �: Board of Adjustment FROM: Flayna Luckey, Planner I SUBJECT: To consider a request for a Variance to the landscaping of off-street parking requirements. FILE: PZ2025-99 STAFF REPORT Brad Wilson is requesting s Variance toeliminate the tree requirements within the landscaped off-street parking area ai3O75NDmw|enStreet H-E-B plus!. The property is zoned GC -MD (General Commercial — Multi Family Dwelling), Section 28.04.006(h) of the City of Beaumont Code of Ordinances, Landscaping of off- st re etperNng requ1rements(1)(Nstates,"Any p cirking lo tmportionthere ofwh ich is tocon tain twen ty (2 0) or more parking spaces shall provide permanently lcindscaped areas consisting of islands,, peninsulas, or medians within the parking crea—"UU"Sites hovingmore than one hundred (100) spaces- One (to noscooedWan d, peninsula, ormed?onperten /2LD parking spaces isocquireci."(h)"Eochisland or peninsula required herein shall otminimum contain one (1) cluss A or two (2) class B trees."' The class Atrees that were installed aspart ofthe original landscaping plan matured tusuch osize that the roots outgrew the area afforded to them by the ]a ndscaped islands and have since been removed. Mr. Wilson would like to replace the class A trees with smaller shrubs due to the likelihood of the larger caliper class A trees outgrowing the landscaped island areas again. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That thegnantin8oftheVehancewNnot becontrary tothepubUclntenest pA That literal enforcementofiheordinancevNUnesultinunnecessoryhardshipbecauseof exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional physical situation or hardship physical condition unique to the specific piece of property in question. "'Unnecessary hardship" shall mean physical hardship relating to the property itself. ThefoUowingmayabobeconnNeredwhendeterm1nlng"unnecessaryhardshio^� (1)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; UU[omplionce would result |naloss to the lot on which the structure islocated of at least twenty-five (25) percent of the area on which development may physically occur; (fli) 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 () The city considers the structure tmbeenonconforming structure. As diStifIgUished from a hardship relating to convenience or caprice, and the hardship must not result from the applicant's or property owners own actions; 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 rnalled to property owners 43 - Responses in Favor . Responses in Opposition 6 LEGAL DESCRIPTION Being Lot 1, Tract 1,, Block 1,, HEB Grocery Addition, Beaumont, Jefferson County, Texas, containing 23-564 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Commercial SO UTH Vacant "VET: Residential COMPREI-IFNSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SFRVICE: Brad Wilson Ben Scott 3025 N Dowlen Road GC -MD (General Commercial --Multi Family Dwelling} "23.564 acres Commercial X — Area determined to be outside the 500- year flood plain SURROUNDING ZONING: GC -MD (General Commercial —Multi Family Dwelling) GC -MD R-S (Residential Single -Family Dwelling) R-S Neighborhood Growth Unit Dowlen Road — Major Arterial - Suburban with a 100' right-of-way and 70' pavement width. Delaware Street — Major Arterial - Suburban with a 100' right-of-way and 75' pavement width. Curb and Gutter. 8" water line. 12 11 sanitary sewer line. PROPERTY OWNER l TICE SEAT WITHIN 2001 ERVING ROBERTC LANDRY RODNEY C & AVA FISHER DARREI.I. L &SARAN E HAYES MICHAEi. & TAMMY WEI SUYWG ESSEX SAM B & ROSE ANNE PUNAY EDGAR & CHERYLE HIXSON LIVING TRUST BUDGET PROPERTIES LLC MONGA fiAJAN & SHAL{NI JI JUNMIN (TD) D1EP DAlVIEL & CANH THI SPACEK REAL PROPERTY MANAGEMENT LLC LIU L1HUA & XiANGYANG LEI GUILLORY LESLIE WAYN (LIFE ESTATE) RENFRO URIC HANMEIM& DOSS HENRY N III & AMANDA QURDEN SRIAN & CARROLL BRIGGS LOUNSBERRY ROBER7 EDWARD EBUH JOWL OfVYERO KRISHNAN RAJAH & SUlVITHA (TD) WILRIDGE DONNA F MAYES AMANDA & IJDI PROPERTY DOWI.EN RD CHURCH OF CFiRIST SUMMI7AT WOO DHAVEN LLC COMMUNfTY BANK AND TRUST SSE3 GEM JEWELRY CO OF BEAUMONT INC AGREE SHELF PA LLC SPIRIT MASTER FUNDING X LLC DEVIL DUST LLC PLOW REALTY LP p5 LPT PROPERTIES INVESTORS JEFFERSON COUNTY DRAINAGE D15T STEWARTJERALD S & CAROLYN SPACEK REAL PROPERTY MANAGEMENT LLC LUMPKIN GREGORY D & ALICE M ARZ REAL ESTATE HOLDING LLC 2750 I H 10 E LLC 168 MURPHY LLC BLINVESTMENTS EEC HEB GROCERY COMPANY Y LP BEAU MONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Landscape Ordinance Variance Request - Case #: PZ2025-99 Removal of Dead Trees Location: 3025 N DOWLEN RD, BEAUMONT, 77706 Initiated On: 3127/2025 9:37:12AM Individuals listed on the record: Applicant Brad Wilson 425 Sawdust Road Spring, TX 77380 Property Owner Ben Scott 646 S. Flores Street San Antonio, Tx 78204 Home Phone: Work Phone: Cell Phone, 2109125816 E-Mail: wilson.brad@heb.com Home Phone: Work Phone: Cell Phone: E-Mail- scott.ben@heb.com Type of Variance: Variance Legal Description LT 1 TIC 1 13LK I HEB GROCERY 23,564AC That the granting of the variance will Trees that are currently on site that have died since planting currently not be contrary to the public interest provide more negativity than public good. The landscape areas that currently house the dead trees will not he removed or adjusted in any other way, and may be replaced with smaller shrubs that are better able to thrive in the landscape islands. That literal enforcennent of the If the currently dead trees are replaced by trees of the same type, it ordinance will result in unnecessary is likely that they will die again. The landscaped islands do not hardship provide enough area to propedy maintain the root balls of the trees once they reach a certain level of size and maturity. Replacement of the dead trees by more trees will be a repeating financial commitment that will likely continue to cycle every few years. That by granting the variance, the The landscaped islands and irrigation will still exist, thus the green spirit of the ordinance will be observed spaces on site will be maintained. Consistency with codes regarding and substantial justice will be done green spaces and parking lot layouts will still be maintained, and the owner will not be subjected to repeated maintenance and financial obligations that come with trees dying at regular intervals. Notes: Case Type: Planning and Zoning Page I of 1 Case 4: PZ2025-99 Printed On: 4/2/2025 COMMERCIAL REAL ESTATE DEVELOPMENT City of Beaumont Planning and Community Development Department 801 Main Street Beaumont, TX 77701 03/21/202S RE: Landse ap e Requirement Variance for HEB Site, located at 3 02 5 D owl en Road, B cauniont, TX 77701. To whom it may concern, The intent of this lettcr is to request a variance fi-om the City's landscape ordfiiances, specifically regarding section 28.0 4.0 06 8 During initial development of the site., trees within landscape islands were installed as required and approved by the City per the City's standards. Irrigation lines were installed accordingly. All standard, reasonable efforts were made to are for and maintain the landscape. trees since construction. However, as a number of trees throughout the site reached their current size and maturity levels, they were unable to remain healthy and their removal has become necessary. The property owner requests that a variance to City code 28.04.006 j. 8 be granted in order to avoid a repeated maintenance issue. The owner requests that the trees not be required to be replanted. If the trees are replaced as stated by code, it is likely that they will once again die once they reach a certain age and size as their root balls will outgrow the area afforded to them by the landscape islands. Than you for your consideration. Picase let me know if you have any questions. Best Regards, 'Brad Wilson, PE Wilson.brad@Lheb-com 713-460-6642 Mailing Address www.HEBDevelopiiient,.com Physical Address H-E-B H-E-13 P.O. Boy 839955 646 S. Flores San Antonio, TX 78283-3955 S a n Anto nio Texas 78204 Attn: Shopping Center Development m 0 C: PD m m z -i W "bow > 0 z c jz 01 00 M< m m fill[ !IL Irl M1 -- ------------ -- 1111641. it 1 12 dQ- 2L ot Flin-w lq� 74 jEWI1 1 dp e r , V v Rai gn > X m CO —1 2 m i > F pm 'lip C* dt I X4 W-41 KUM .7 Id -jq-op tk o fl ri -j V, u 0 Ch -1 0 12 11 rl is COY t Px _7-= ---------- l_ — t I f _ ., a .�. G$�i !� ' i L ------------La o coL. > Z Ln Ln 73 r m 0 z M 0 r- X TFUZ- 0 Ir rE JS > PL it 11; f cop CD rq lu 9 19 0 IM m zr- P1 (A it IZ X. o> irr m - j 11 13r 0 1 = P S§Ai Ij do fFj to 1 4 t Lq I if 4 I I z G) twit 11 ar3.i - IL Fn , & I z $IV t 7— 1A Ilk C6 x — I I F J't - I Ljj!§ 2 �JyKos Ir PL A.Lxjk g m I ' It. I I If�li 11111111 L - 91 > C� m II s m m z .1 u I --q - - PZ2025-99: To consider a request for a Variance to the landscaping of off-street parking requirements. Applicant: Brad Wilson Location: 3025 N Dowlen Road 0 100 I i-- Feet do S egt CLAYBOUR P22025-99 4 loe X Po 'P k w M to Or/ ti Ape . A. G,2Y* —7 P6 4 r -S AX R L A M IKST 13 LP- N P1 WO C f, do =J-L- ffid IL a 0 -4 A of Af fo 4, 'le do Mnn MD GC -MD 'I tt T r ire,, i. do w I $L W-An P 44 1JMD C- RM-H R PZ2 AMN! DATE: June 5..2025 TO: Board ofAdjustment FROM: Elayna Luckey, Planner 1 SUBJECT: Toconsider arequest for aVariance tothe rear and interior side yard setback requirements for anew commercial development. STAFF REPORT Rahil Maredia is requesting a Variance to the rear and exterior side yard setback requirements at the property located at 680 Buford Street. The property is zoned GC -MD (General Commercial — Multi Family OweUing)that requ\resamin\mumrearyardsetback of17andam1n|mumextedorsideyardsetbackof2U. The applicant is seeking to reduce the rear yard setback requirement from 15" to 10' and to reduce the exterior side yard setback requirement from 20' to 4.51" for new construction of a convenience store. The applicant shall have the burden of proof to demonstrate that all three conditions necessary approval have been met: A) That the granting ofthe Variance will not he contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness., sha(lovvnes�shape topography orother extraordinary orexceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship I" shall mean physical hardship relating to the property itself. ThefoUov«inQmaya|sobeconsidzredwhendaterminin@"unnecessaryhardship^: UlThe cost of compliance with the zoning ordinance bgreater than fifty 80percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii)Compliance would nsukinaloss tothe lot onwhich the structureislocated ofatleast 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 city ordinance, building code, or other requirement; Uv\Compliance would result inthe unreasonable encroachment onanadjacent property or easement; or () The city considers the structure tobeanonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship nILIst 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. NORTH: Commercial EAST: Vacant SOUTH: Vacant WEST: Vacant COMPREHENSIVE PLAN* SANITARY SEWER SERVICE: RaN|K4ared(a Nederland Enterprises Inc 580 Buford Street GC -MD (General Commencia\—Multi Family DweUinE) ~O.29acres Commercial X—Area determined to be outside the SOO- yearMood plain SURROUNDING ZONING: C-M(Commercial manufacturing) RM-H(Residential Multi — Family High Density) GC -MD (General Connmerdai— Multi Family Dwelling) GC -MD Conservation Revitalization —M ajor[oUecLor urbanwith a7O`right- of-wayand5O'pavementw/ldLh. Irving Avenue— Major CoUector urban with aQ]'dght' nf-vvavand3S'pavementwjdth. Curb and Gutter. 8"water Une. G"sanitary sewer line. PROPERTY OWNER NOTICES ENT WITHIN 2001 L M NTE 'VI N I E EST CANT ORVELYN GRACE DECEASED JNES AiNIE C&O L HINT EU ENE PHIL ME E HEIRS OF PAUL LENA EST BARKLEY ANNA A MAE M D U ALD J R PORT OF BEAUi NT WALLACE E WILLIE % RS P BAS PORT OF BEAUMONT PORT OF BEAUMONT JACKSON FAY DELL LEG ETT JAMES R LEGGETT JAMES R LEG+ ETT JAM ES R ILL1S JAM ES A ETAL N UYEN f1 ELISSA THUY LEGG ETT JAM ES R SSTAND MARY ESTATE MOUTON MARY DARBYALFREC LEA ETT JAM ES R LOVE ATAKQUA & RICHARD WIN ATE SSTiAND DIARY ESTATE PORT OF B EAU M O NT PORT OF B EAU M NT BEAUMO T 1SD BEAUMONT IS D BEAUMONT 1SD BEAUM NT ISD BE AV NI O NT Planning & Community Development Case Typa:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Variance for 680 Buford St. Case #: PZ2025-147 Initiated On: 4/29/2025 7:28:19PM Location: 680 BUFORD ST, BEAUMONT, 77701 Individuals listecl on the record. Applicant Rahil Maredia 4127 Pebble Heights Ln. Horne Phone, 8326074283 Work Phone: Sugar Land, TX 77479 Cell Phone* 8326074283 E-Mail: riverstonelandingilc@gMail-com Type of Variance: Variance Legal Description We are requesting a variance of the property setback rule set forth by the planning and zoning department on three sides of our property (front, rear and exterior side). The front of the property faces Buford St. and we are requesting a maximum set back for 10 ft. (reduction of 10'). The rear of the property faces a vacant lot and we are requesting a max! rn u rn set backk for 10 ft. (reduction of 5'). The exterior sage of the property faces Irving St. and we are requesting a maximuni set back of 5 ft. (reduction of 10') - That the granting of the variance will The granting of the variance will not be contras y to the public interest not be contrary to the public interest because the surrounding plots are vacant and our new development will bring in fresh food, groceries, fuel and other services that will be made available to the local community. That literal enforcement of the The enforcement of the ordinance will result in 35% less interior ordinance will result in unnecessary space which will have a significant impact both financially and to the hardship ability of what we can provide to the community. That by granting the variance, the We strongly believe the lack of neighbors surrounding the property spirit of the ordinance will be observed means less impact on the public. To maximize any privacy issues and substantial justice will be done that may arise we propose adding privacy fence and landscaping that will help further the spirit of the ordinance. Notes: Case Type: Planning and Zoning Page I of I Case #: PZ2025-147 Printed On: 51912025 To the City of Beaumont Planning and Zoning Department: We are requesting a variance from the setback requirements as outlined by the City of BeaumonVs Planning and Zoning Department. This request pertains to two sides of our propelty: the rear and one exterior side. The specific setbacks we are requesting are as follows: ip Reai- (ad' acent to a vacant lot): We are requesting a maximum setback of 10 feet, which is a reduction of 5 feet. Exterior Side (Irving St.): We are requesting a maximum setback of 5 feet, reflecting a reduction of 10 feet. We respectfully ask for your consideration in granting this varifMice, as our proposed development will contribute positively to the cotmn-unity and surrounding area. The property is bordered by vacant lots on two sides and is adjacent to two cross streets, which minimizes any potential negative impact on the public. Additionally, the majority of the surrounding area consists of cornnaercial properties, inaking our proposed use compatible with the existing character of the neighborhood. Respectfully, Rahil Maredia Riverstone Landing LLC > ge G �"i F>z I:, - m m > to co o r > 7- tol 0 m p -4 can cn 0 C'� 5� L=n C-I S > '7- -z R-1 -13 C) -a -u Ln cr r IZ? ;u �Q > ran cs-,Cc :e_r*t 0:;o Fri m FTJ LA X 5i m C:) C, rr, rn su -0 Fri :;o rI3 Z- up 0 '4 Lo to 0 0 =M: M, :z CA PA P M m nay ;d, C6 0 n Ln X rTIpi- mrn 25 c- Q C: (D -u w M --I F11 > Cu m ul C3� fT, > C: o; 3� 0 M n C, rrh M u " �rj n rn :9 7 m 0 to rn �--�, , 4 C) KI cn 3:- - m T 9 v z rTI VI 0 = :2 -u C> C) L3 M a 0 n lei > m -Z m Tj o < w -1 -0 m m 0 y Ln tz, 74 Ge� 55 9 FTI 171 M M [A m C3 —i 0 rq 9r m gf- LT, > m ;3u L/) 0 rri -TI 0 0 U) -8 r- > r, PI-0 :;o m m 0r- 7- Mix M LF) C) z 0 0 r*1 F-- _0 Ln rr 0 00 �o 7-: 5 -31 LA > 133 :z Fri < 0 �F LA CD m 0015'33" W 140. 0 FUEL TAN■ co 41� rn LO FFJ U) Frl Z m LO FrI t L rq o C: OD < C c) rl X :q) > m CO F9 —1 cn ■ ri Q0 p III257 2a. �_ , s 0 0 00,00 1) 1 9 6 ow I-M K r.W- SL)F. &V*eLt R-4 LWX-;r7Are JL All rL+-417r L2V {ji �I WO In 1 z C, r2 21: y z 0 r r, ;";. rj E.J CIPD P 9 1 0 2 zi x A D z -01 nt F-IiQS m Y CA s3 t R 2 > r- rr, Lei I > I p I I I p > Q 3 Ell ill rq In fl, I T� A � C3 4 lei i j?xqq n , z M 0 Ftj 'V F1 z C) (TI C) Rain M m 0[j]� "� Jri F H, c) C3 53 .", " A — — m ir rk n OL La > 0 > z -4 SA 2, > f V, F- o ZI eA iE ]'J R V$ 7c < q 0 U) 61 KORA z m -0 oRq ci pZ2025-147: To consider a request for a Variance to the rear and exterior side yard setback requirements for a new commercial development. �pplicanRahil Maredi t:a ILocation: 680 Buford Street 0 100 DATE: June5,ZUZ5 TO: Board ofAdjustment FROM: Elayna Luckey, Planner I SUBJECT: Toconsider arequest for aVariance Lothe perimeter landscaping requirements for a commercial development. FILE: PZ2025-169 STAFF REPORT Rafael Aguilar isrequesting aVariance uothe perimeter landscaping requirements for acommercial development at the property located at 2035 College Street, The property is zoned GC -MD (General Commercial), Section 28.04.006 (f)(1) of the City of Beaumont Code of Ordinances, Perimeter landscaping andscneeningstates,"N/hena com/nencia/or/ndmstnia/uscisestob&shcdonolotorpnemises/ocofed adacent to any residen tial zon ing district, or wh en any m ultiple-family dwelling use is es tab fish e dono/otor preanisesodocentroany prop erty/ocoted/nosin g/e-fbmfly ocsb/rndo/zon/ngdistric�oten-fbotwidth of landscaping open space buffer strip shall be installed ond mointained by the owner, developer or operator of /hecorn me/r/o/or/ndus trial property bet weenitondthe odacentresidentio8vzonedprope//y." During construction, the concrete was extended to6'from the property line encroaching inthe required 1J landscaping buffer area. 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 of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary hardship^: 0The cost ofcorn p|!a nce with thezo ni ngmdina nce is greaterthanf ifty(50) perce nt of the appraised value ofthe structure asshown onthe most recent certified appraisal roll; (N[omp|iame would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may phys}ca|k/occun (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, orother requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement;or (v)The city considers the structure iobeanonconforming structure. As distingUlshed from a hardship relating to convenience or caprice, and the hardship must not result from the applicant's or property owner's own actions; I C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will he done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 17 - Responses in Favor . Responses in Opposition d LEGAL D ESCRI PTI ON Being Lot 4, Block 5, Cartwright Terrace Survey, Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less. GENERAL INFORMATIQNLPUBLIC �JT�L�TIE APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Commercial SOUTH: Residential WEST: Residential -COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATIR: SANITARY SEWER SERVICE: Rafael Aguilar Rafael Aguilar 2035 College Street GC -MD (General Commercial — Multi Family Dwelling) r-0.17 acres Commercial X — Area determined to be outside the 500- year flood plain SURROUNDING ZONING* GC -MD (General Commercial — Multi Family Dwelling) GC -MD R-S (Residential Single-Farnily Dwelling) GC -MD Conservation Revitalization College Street — Major Arterial - Suburban with a 100' right-of-way and 70' pavement width. Curb and Gutter. 8 P) water line. 10 11P sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN 2001 SIFUE TES Fk A ICISCO JAVIER JHNSN EFFIE LUISE RAMIREZ MANUEL C & DEJANA L BERTCHRIS & APRAY CASTILLO ViCT(R &. MARTA TRI TAN MARIA S A+ UILAR RAFAEL ROBERTO & MARTHA SATS JESUS & GLORIA SELLS PATRICIA RENA GUILLEN SAUL TRRES CASTILLO ELPID10 & JUANA VIZCAINO SERVANDO & MARIA VIZCAINO SERVANIDO & MARIA PERE JU N TRISTAN PEDR SALINAS MAURICIO M & MARIA F DEVILLIER MICHAELS & JAMES BE O N T Planning & Community Development Case Type:Pianning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Rafael Aguilar Case#: PZ2025-169 Initiated On: 5/14/2025 2:38:27PM Location: 2035 COLLEGE ST, BEAUMONT, 77701 Individuals listed on the record: Applicant Rafael Aguilar 1050 Monterrey Drive Rpaijmont. TX 77706 Type of Variance: Legai Description That the granting of the variance will not be contrary to the public interest That literal enforcement of the ordinance will result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Case Type: Planning and Zoning Case 4: PZ2025-169 Home Phone- 4099987276 Work Phone, Cell Phone: 4099987276 E-Mail: yaozinai-a.aguilar@yahoo.corn Variance cartwright terr 14 b5 No- If concrete is left this will not affect and residential neighbors. potentially cause an extrema amount of money to remove an or damage the foundation. Is the separation of the commercial and residential properties with the 8 foot fence. Page 1 of 1 Printed On: 5/1412025 al � o net C� o� n c r i o -�oo -Y tared .ScY,i��;ng 1�U-�'�eir requ+rem ay�d poveme�t-�- S�l I ro rrL F ri U m C's A COLQ�Gle (�, R. 0 ROPY) N50005'43"E, 50,241 %41 6 LD PZ2025-169: To consider a request for a variance to the perimeter landscaping -P requirements for a commercial development. Applicant: Rafael Aguilar Location: 2035 College Street 0 100 I I Feet GC,,MD rd egefid. L PZ2025-169 % GC,,MD GC -MD Ir R-S 40 GC -MD GC -MD 'All RoS Soil Awl. "IMF, di R., S R-S R-S