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Home My WebLink AboutPZ2025-169DATE: ]une5,2O2S TO: Board ofAdjustment FROM: Elayna Luckey, Planner I SUBJECT To consider a reqUest fora Variance to the perimeter landscaping requirements for a commercial development. RLE: PZ2025-169 STAFF REPORT Rafael Aguilar is requesting aVariance to the perimeter landscaping requirements for acommercial development at the property located at 2-035College Street. The property bzoned GC -MD i {ommerciaKSection �,04.006 (f)(Uof the City of BeaumontCode of Ordinances, Perimeter landscaping and screening states, "When ocommercial or industrial use is established onolot orpremises located adjacent to any residential zoning district, or when any multiple -family dwelling use is established onolot or premis esodjacent to any property loca ted in o sin gle-fam ity residentia/zoninQdis trict,oten-foo t width of landscaping open space buffer strip shall be instolled and maintained by the owner, developer or operator of the commercial or industrial property between it und the adjacent residentially zoned property." During construction, the concrete was extended to 6' from the property line encroaching in the required 10-, landscaping bufferarea. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been mei- A] That the granting ofthe Variance will not becontrary tothe public interest; B\ That literal enforcemendoftheordinanceviUresultinunneces aryhaubh)pbecauseof exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique tothe 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 of compliance with the zoning ordinance bgreater than fifty (50) percent of the appraised value of the structure as shown oothe most recent certified appraisal roll; UUCompliance Wou|dresult inaloss tothe lot onwhich the structureislocated ofatleast twenty-five (2-5) 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, Wilding 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 iobeanonconforming structure. Aadistinguished from ahardship relating toconvenience orcaprice, and the hardship must not reSuh 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 will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners _17__ Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 4,Block �Cartwright Terrace Survey, Beaumont, Jefferson Cou��xas,, containlngO.17 NORTH: Commercial EAST: Commercial SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: Rafael Aguilar Rafael Aguilar 2O3SCollege Street GC'IVIO (General Commercial —Multi Family Dwelling) ~O.17acnes Commercial X—Area determined to be outside the 500' yearflood plain, GC'K4D (General Commercial —Multi Family Dwelling) GC -MD R'S (Residential Single -Family Dwelling) Conservation Revitalization College Street — Major /\rteha| Suburban with a1OO` r|ght-of^wnvand 7O`pavement width. Curb and Gutter. 8"water line. lO°sanitary sewer line. PROPERTY OWNER NOTICES SETT WITHIN 20101 SIFUEI TES FRANCISCO JA 'IER JOHNSON EFFIE LOUISE RAMIREZ MANUEL C & [ EJ A A L OBERT CHRIS & APRA' CASTILLO VICTOR & MARTA TRISTAN MARIA A UILAR RAFAEL ROBERTO & MARTHA SANTOS JESUS & GLORIA SELLS PATRICIA REN#A UILLEN SAUL TORRES CASTILLO ELPIDIO & JUANA B ' I CAINO SER 'ANDO & MARIA I CAINO SERVAI' IDO & MARIA PEREZ JUAN TRISTAN PE[RO SALINS MAURIC10 M & MARIA F OEVILLIERMICHAELS&JA DESM aEAuMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Rafaei 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 Home Phone: 4099987276 1050 Monterrey Drive Work Phone, Beaumont, TX 77706 Cell Phone: 4099987276 E-Mail: yaozrnara.aguiIar@yahoo.corn Type of Variance, Legal 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 #: PZ2025-169 Variance cartwright terr 14 b5 No- 1f 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 I Printed On: 5/14/2025 1.. c�i � o net. C� 0 Vol( ti g n c e �o,- -��ne r 2 0� r 10 --�ao �- lard 3Wp; Al�u.�`�er repc��e ync'.rt-1- SQk bocv r�� c,}u� � e m�,n-� PZ2025-169: To considera request for a variance to the perimeter landscaping requirements for a commercial development. jApplicant: Rafael Aguilar Location: 2,035 College Street 0 100 -1 Feet GC -MD ege -d n -169 PZ2025 GC -MD 1 010 -Mfi GC P , k 4- Arr�q 0 R-S IT -WIM!k GC4.'*A4rylr GC -MD GC -MD R-Os R- R- - ;0,