HomeMy WebLinkAboutJune 2020 BOA Packet*AGENDA*
Board of Adjustment
June 18, 2020
City Council Chambers, City Hall
801 Main Street, Beaumont, Texas
Public Hearing
3:00 p.m.
The meeting will also be broadcasted on the City's Youtube channel:
https://www.youtube.com/channel/UCnY6nNk8zfXZuIMglzbwEBg
*AGENDA*
ROLL CALL
APPROVAL OF MINUTES
Approval of the minutes of the meeting held March 5, 2020.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 753-BA: Consider a request to allow a Variance to the minimum side
setback from 5 feet to 2 feet.
Applicant: Scott Reeves of Struggle Street Brewery
Location: 2140 Calder Avenue
2) File 754-BA: Consider a request to allow a Variance to the minimum sign
size requirement of 20 square feet within the Urban Corridor Overlay
District.
Applicant: Brazo Sign Co for Beauparte Apartments
Location: 3580 S M L K Jr. Parkway
3) File 755-BA: Consider a request to allow a Variance to the minimum front
setback from 25 feet to 17.9 feet.
Applicant: Quenten Pete
Location: 2075 South Street
4) File 756-BA: To consider a request for a Special Exception to reduce off-street parking
requirements.
Applicant: Kirk Farrelly for Dollar General Stores
Location: 5595 Fannett Road
OTHER BUSINESS
ADJOURN
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
*MINUTES*
BOARD OF ADJUSTMENT
March 5, 2020
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on March 5, 2020 and called to order at 3:01 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Joey Hilliard
Alternate Board Member Tom Rowe
Alternate Board Member Lee Smith
Alternate Board Member Sandy Pate
Board Members absent: Board Member Christy Amuny
Also present: Katrina Purcell, Planner I
Adina Josey, Senior Planner
Thomas Duesler, Senior Assistant City Attorney
Catherine Allen, Recording Secretary
APPROVAL OF MINUTES
Chairman Timaeus moved to approve the minutes for November 7, 2019 with one correction.
Board Member Beaver seconded the motion. The motion to approve the corrected minutes
carried 5:0.
SWEARING IN OF WITNESSES
*Board Member Hilliard arrived to the meeting at 3:05 pm, thus replacing Alternate Board Member
Pate for voting purposes.
PUBLIC HEARING
1) File 750-BA: Consider a request to allow a Variance to the minimum rear setback from 25 feet
to 15 feet.
Applicant: Lee Guseman of Guseman Construction LTD
Location: 3870 West Pointe Drive
Mrs. Purcell presented the staff report. Lee Guseman, of Guseman Construction LTD, is
requesting a Variance to the rear setback for the property located at 3870 West Pointe Drive. The
property is zoned RM-H (Residential Multiple Family Dwelling - Highest Density) and therefore
requires a 25 foot rear setback.
BOARD OF ADJUSTMENT
March 5, 2020
In 2007, a plat was filed for Pointe' Park, a cluster housing development. As the market quickly
changed, so did the demand for housing. In 2011 and 2013, several replats were filed creating standard
single family lots for the west half of the original subdivision. These new single family lots vary in
depth, some are 110 feet deep, some are 120 feet deep. The lots in question are 110 feet deep.
Minimum lot depth for RM-H districts is 100 feet, so the minimum lot depth is not an issue. At least
one house has been built, to code, on one of the 110 foot deep lots.
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
as distinguished from a hardship relating to convenience, financial considerations or caprice,
and the hardship must not result from the applicant or owner's actions; and
C. That by granting the variance, the spirit of the ordinance will be observed and substantial
justice will be done.
Slides of the subject property and site plan were shown. A brief discussion was held between the
Board and staff regarding previous variances in the area. Nine (9) notices were mailed to property
owners within 200 feet of the subject property. One response was received in favor and no responses
were received in opposition. Discussion between the Board and staff followed regarding the
possibility of rezoning the whole area for future development needs.
The applicant, Lee Guseman, of Guseman Construction, addressed the board. Mr. Guseman stated that
he is the owner of the property and provided additional pictures and blueprints to the Board. He also
discussed other structures in the area that have been built with variances. He explained that he would
like to build a nice home with a 1936 square foot living area, 3 bedroom, 2 1/2bath with a large back
porch. Discussion within the Board followed regarding the other variances in the area.
Board Member Beaver moved to approve the Variance to the minimum rear setback from 25 feet to 15
feet, as requested for File 750-BA. Alternate Board Member Smith seconded the motion. A roll call
vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye,
Board Member Rowe -Aye, Alternate Board Member Smith -Aye. The motion to approve carried 5:0.
2) File 751-BA: Consider a request to allow a Variance to the minimum rear setback from 25 feet
to 13 feet.
Applicant: Ross Hansen of Baxsen Builders LLC
Location: 3850 West Pointe Drive
2
BOARD OF ADJUSTMENT
March 5, 2020
Mrs. Purcell presented the staff report. Ross Hansen has applied for a variance to the minimum rear
yard setback for the property at 3850 West Pointe Drive. The property is zoned RM-H (Residential
Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback.
In 2007, a plat was filed for Pointe' Park, a cluster housing development. As the market quickly
changed, so did the demand for housing. In 2011 and 2013, several replats were filed creating standard
single family lots for the west half of the original subdivision. These new single family lots vary in
depth, some are 110 feet deep, some are 120 feet deep. The lots in question are 110 feet deep.
Minimum lot depth for RM-H districts is 100 feet, so the minimum lot depth is not an issue. At least
one house has been built, to code, on one of the 110 foot deep lots.
Mr. Hansen states that the narrowness of the lot limits design flexibility.
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
as distinguished from a hardship relating to convenience, financial considerations or caprice,
and the hardship must not result from the applicant or owner's actions; and
C. That by granting the variance, the spirit of the ordinance will be observed and substantial
justice will be done.
Slides of the subject property and site plan were shown. Six (6) notices were mailed to property
owners within 200 feet of the subject property. One response was received in favor and no responses
were received in opposition. Brief discussion was held concerning the width of the lot and the setback
requirements.
The applicant, Ross Hansen of Baxsen Builders, addressed the Board. Mr. Hansen explained that the
setback requested is different from other homes in the area but that it is needed due to deed restrictions,
the layout of the property and the location of a tree and a transformer on the property.
Alternate Board Member Smith moved to approve the request for a Variance to the minimum rear
setback from 25 feet to 13 feet, as requested for File 751-BA. Board Member Hilliard seconded the
motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board
Member Hilliard -Aye, Board Member Rowe -Aye, Alternate Board Member Smith -Aye. The motion
to approve carried 5:0.
3) File 752-BA: Consider a request to allow a Variance to the minimum side yard setback from 5
feet to 0 feet from the proposed lot lines.
Applicant: Mark Fertitta, Agent for General Petroleum Co.
BOARD OF ADJUSTMENT
March 5, 2020
Location: 2850 Laurel, 2755 Liberty, 205 — 215 N 11' St
Mrs. Purcell presented the staff report. Mark Fertitta, an Agent for General Petroleum Co, has applied
for a variance to the minimum side yard setbacks for the properties at 2850 Laurel, 2755 Liberty, and
205-2015 N 11`h Street. The property is zoned GC -MD (General Commercial -Multifamily Dwelling)
and therefore requires a 5 foot side yard setback . The existing structures were built very close to one
another. The applicant is proposing to split this lot. However, if approved, this subdivision would
create the setback violation discussed here. Therefore, a Variance to the side yard setbacks must be
obtained first.
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
as distinguished from a hardship relating to convenience, financial considerations or caprice,
and the hardship must not result from the applicant or owner's actions; and
C. That by granting the variance, the spirit of the ordinance will be observed and substantial
justice will be done.
Slides of the subject property were shown. Discussion followed regarding the number of buildings, if
they are connected and the Variance needed. Eight (8) notices were mailed to property owners within
200 feet of the subject property. Five (5) responses were received in favor and no responses were
received in opposition. Discussion followed concerning the effect of the proposed variance on future
development and use of the building in question. The Board and staff discussed how to word the
Variance to ensure that it will be limited to the current building.
The applicant, Mark Fertitta, 175 W Caldwood, addressed the board. Mr. Fertitta explained the history
of the previous ownership and uses of the buildings. He stated that the fire marshal has gone through
the structures and that there is some separation between the buildings, including a firewall. He also
stated that Bando's is trying to purchase part of the building. Finally, he explained that with this
project he hopes to add value to the community as a continued effort to revitalize 1 lth Street.
Discussion was held between the applicant and the Board concerning the common walls and the need
for a zero lot line. Further discussion followed regarding the effect of the Variance on future
development, proposed changes from the Texas Department of Transportation and 1 lth Street projects.
The Board then discussed some clarification of site plan specifics and how to properly word the motion
to limit the effect of the Variance to the current building.
2
BOARD OF ADJUSTMENT
March 5, 2020
Board Member Rowe moved to approve the request allowing a Variance to the minimum side yard
setback from 5 feet to 0 feet from the proposed lot lines limited to those portions of the survey that are
lines designated L2, L3, L4, L5, and the lot line shown as 88' 0' 51" E for a distance of 61.21 feet, all
of which is a boundary between buildings as they exist at March 5, 2020, as requested for File 752-BA.
Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye,
Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Alternate Board
Member Smith -Aye. The motion to approve carried 5:0.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:44 p.m.
5
DATE: June 18, 2020
TO: Board of Adjustment
FROM: Katrina Purcell, Planner 1
SUBJECT: To consider a request to allow a Variance to the minimum side yard setback from 5 feet
to 2 feet.
FILE: 753-BA
STAFF REPORT
Scott Reeves of Struggle Street Brewery has applied for a variance to the minimum side yard setback for
the property located at 2140 Calder Avenue. The property is zoned GC -MD (General Commercial -
Multifamily Dwelling) and therefore requires a 5 foot side yard setback. The applicant added a covered
patio in the rear as a smoking area. This was built without a permit or inspections. A stop work order
was issued. Upon speaking to the property owner and the applicant, it was suggested that the patio be
moved to accommodate the side setback requirement. The applicant, however, did not wish to have the
patio moved. Therefore, a variance is required.
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
as distinguished from a hardship relating to convenience, financial considerations or caprice,
and the hardship must not result from the applicant or owner's actions; and
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 to property owners 14
Responses in Favor . Responses in Opposition
J
LEGAL DESCRIPTION
Being W 3/10 Lot 2, Lot 3, & %2 Lot 4, Block 16, McFaddin 2, Beaumont, Jefferson County, Texas,
containing 0.289 acres, more or less.
GENERAL INVORMATION/PUBLIC UTILITIES
APPLICANT:
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residential
EAST: Commercial
SOUTH: Commercial
WEST: Commercial
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
Scott Reeves
Struggle Street Brewery
2140 Calder Avenue
GC -MD (General Commercial -Multifamily Dwelling)
—0.289 acres, more or less
Commercial
X — Area determined to be outside the 500
year flood plain
SURROUNDING ZONING:
RCR-H (Residential Conservation and Revitalization-H)
GC -MD (General Commercial -'Multifamily
Dwelling)
GC -MD (General Commercial -Multifamily
Dwelling), LI (Light Industrial) & HI (Heavy Industrial)
GC -MD (General Commercial -Multifamily
Dwelling)
Conservation and Revitalization
Calder Avenue — Secondary Arterial with a 60' right-of-
way and 45' pavement width.
Curb and Gutter
Calder Ave - 6" water line
SANITARY SEWER SERVICE: Calder Ave — 8" sanitary sewer line
PROPERTY OWNER NOTICES SENT WITHIN 200'
BERNSEN HOLDINGS LLC
BROUSSARD'S MORTUARY INC
BURNS ANTIK HAUS LLC
DAEKE DALE
EDC3 PROPERTIES LLC
MAMF M INVESTMENT LLC
SALAZAR SALVADOR & ASHLEY
STANLEY CLAUD G
THREE POINT INVESTMENT LTD
TRIANGLE ENGINE
DISTRIBUTORS
VIETNAM VETERANS OF
AMERICA
WATZ GLENN
WHARTON TYLER
WOOLLEY BILLY
BOARD OF ADJUSTMENT
APPLICATION FORM
CITY OF BEAUMONT
(CODES SECTION 28.02.005)
THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One)
() Appeal
Variance
() Special Exception
Complete the appropriate supplemental application form depending on which box is checked and include it with your
application.
APPLICANT'S NAME AND ADDRESS:
-e1 . 2_a z1a (2�j/c/e
APPLICANT'S PHONE NUMBER: 610E-T (� 9 FAX #:
NAME OF OWNE��)�CA/�o►�
ADDRESS OF OWNER:
LOCATION OF PROPERTY:
LEGAL DESCRRIPTION OF PROPERTY: r.
LOT NA-1 1.� silo LZ l i zo ' Lq
BLOCK NO.��
ADDITION t,
NUMBER OF ACRES_
OR TRACT
PLAT
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties
proposed to be changed, and a complete legal field note description.
SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST.
SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESSORY
STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR
DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN' TO SCALE.
A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION.
IF THIS APPLICATION IS GRANTED BY THE B OARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR
PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1)
YEAR FROM THE DATE OF PERMISS193� THE BOARD OR IT SHALL BE CONSIDERED VOID.
APPLICANT'S SIGNA
DATE:
PLEASE NOT TI PLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT
COURT.
PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205
CITY HALL, 801 MAIN STREET
FILE NUMBER:��'6_1b BEAUMONT, TX 77701
DATE RECEIVED`j_ - UX) P.O. BOX 3827 77704
RECEIPT NUMBER: (409) 880-3764 FAX (409) 880-3133
March 16, 2020
City of Beaumont
Board of Adjustment
801 Main Street, Room 201
Beaumont, TX 77701
Re: Struggle Street Brewing Company; 2140 Calder Ave, BeaumontTexas
Dear Members of the Board of Adjustment,
My name is ChristopherScott Reeves, and I am seekingthe approval bythe Board of Adjustmentof
Review of the Variance for a Building permit for our covered smoking area.
The current buildings surrounding our location are all commercial in nature, including each one that
touches our property lines. This is the second time we have come before you to ask for approval with our
business, and same as before what we are asking for will not be a nuisance, nor impede any activity or
development of the surrounding properties.
In accordance with the application form we feel we meet the three conditions to be able to
successfully be granted the variance which we area pp lying for.
CONDITION A: The granting of this variance will not be contrary to any public interest.
CONDITION B: The enforcementof the ordinancewill notresult in any unnecessary hardship rather
physical nor otherwise. The area where the coveris does not change any accessto any utility nor, building be
it ours or another.
CONDITION C: By granting this variance, the spirit of the ordinance will be observed andjustice will
be done for our business as well as others around us.
I am urging the Board of Adjustmentto considerto approve this variance, as its approval will allow us
to continue to be both a great place for the local population to relax, as well as a destination for out of town
people to stop on theirway through town.
We look forward to gaining your approval so that we can more comfortably host our patrons, and
continue to serve, as well as revitalize the Calder, Downtown, and surrounding areas.
I appreciate your time and consideration.
Sincerely,
Christopher Scott Reeves
2140 CaIderAve
Beaumont,Texas 77701
409-599-6783
Email: reeves.scottc@gmail.com
VARIANCE APPLICATION ATION FORM
BEAUMONTy TEXAS
The Board of Adjustment has the power to grant variances where the following listed conditions have
been met. Indicate how your application meets each of these conditions in the space following each
condition. (The applicant has the burden of proof to demonstrate that all three of the conditions
necessary for a variance have been met).
Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the
Zoning Ordinance when the Board finds that all of the following conditions have been met:
CONDITION A: That the granting of the variance will not be contrary to the public interest.
'J-�
CONDITION 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 physical condition unique to the specific piece of property in question.
"Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from
a hardship relating to convenience, financial considerations or caprice, and the hardship must not result
from the applicant or owner's own actions.
�gg d -f
+ C-7 � � � %` e S �� Dim Gt g,'0
C-11 r LIAA p e l t 511
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
/-� L1
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
• Applicant'
signature: Date: Id ILO
FAX #
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File 753-BA: Consider a request to allow a Variance to the minimum side setback
from 5 feet to 2 feet.
Applicant: Scott Reeves of Struggle Street Brewery
Location: 2140 Calder Avenue
0 100 zoo
i I I Feet
DATE: June 18, 2020
TO: Board of Adjustment
FROM: Katrina Purcell, Planner 1
SUBJECT: To consider a request to allow a Variance to the minimum sign size requirement of 20
square feet within the Urban Corridor Overlay District.
FILE: 754-BA
STAFF REPORT
Janet Glasscock of Brazo Sign Co., for Beauparte Apartments, has applied for a Variance to the minimum
sign size requirement of 20 square feet and the minimum height requirement of 5 feet within the
Urban Corridor Overlay District. This is for the property located at 3580 S Martin Luther King, Jr.
Parkway. The Urban Corridor Overlay District states that "(A) One (1) detached identification sign
may he constructed to identify a single-family residential development of ten (10) acres or more. Such
signs will he subject to the following conditions and restrictions: (iii) The sign shall not exceed
twenty (20) square feet in area; and (iv) The sign shall not exceed a height of five (5) feet above the
ground." The applicant states that these requirements will impede the visibility for attracting new
residents at this property. The size submitted will be 49.02 square feet and 5 feet in height, which is
smaller than the existing sign (75 square feet) located there now.
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
as distinguished from a hardship relating to convenience, financial considerations or caprice,
and the hardship must not result from the applicant or owner's actions; and
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 to property owners 36 .
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being Plat B-1, Tract 1B, Abstract 7 of J W BULLOCK, Beaumont, Jefferson County, Texas, containing
3.234 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Brazo Sign Co
PROPERTY OWNER:
Beauparte Apartments
LOCATION:
3580 S Martin Luther king Jr Parkway
EXISTING ZONING:
PUD (Planned Unit Development)
PROPERTY SIZE:
—3.234 acres, more or less
EXISTING LAND USES:
Residential
FLOOD HAZARD ZONE:
X — Area determined to be outside the 500
year flood plain
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Residential
R-S (Residential -Single Family Dwelling)
EAST: Industrial
LI (Light Industrial)
SOUTH: Residential
GC -MD (General Commercial -Multifamily
Dwelling), LI (Light Industrial) & HI (Heavy Industrial)
WEST: Residential
RCR (Residential Conservation & Revitalization)
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: S M L King, Jr Pky — Major Arterial with a 11 5'right-
of-way and 90' pavement width.
DRAINAGE: Curb and Gutter
WATER: S M L Kind Jr Pky - 12" water line
SANITARY SEWER SERVICE: S M L King, Jr P — 8" sanitary sewer line
PROPERTY OWNER NOTICES SENT WITHIN 200'
BAHENA FRANCISCO G
BRADSHAW BARBARA JANE
BRANDON JOHNSON INVESTMENTS LLC
BROWN CLARENCE
CASEY ASSETS LLC
CASIANO HERMELINDO
CORMIER TAMERNIKO RACHELL
CRABBE CHARLES
CRABBE J COLIN & CHARLES B
CRUZ MARIA LUCIA
DONALDSON GREGORY C & DOUGLAS G JR
DURGAN THOMAS & LOUWILDA
ENDARI JOSEPH
ENTERGY TEXAS INC
FRAGA SARA & ANTONIO
GALVAN TIMOTEO
HOLMAN CLAUDE E
HOLST GILES BULLOCH & ROBERTA
J & E INVESTMENT GROUP INC
JOHNSON TELLY D
JUSTON BROWN & ASSOCIATES LLC
KANNEGANTINAGAMANI
LATTEN ENTERPRISES LLC
LOREDO JOSE LUIS
MOAKE SARAH J
MONROY ROSALBA R & JOSE L
NAVA IRMA YOLANDA
OLGUIN VALENTIN VILLANUEVA
ROBBINS NANCY
SAI INVESTMENTS
STATEWIDE CONSOLIDATED
TRIANGLE F INVESTMENTS LLC
VILLA ARICELI CHAVARRIA
WOLFORD PAT
WULF CHARLES E ROCHELLE A
ZAPATA MARIA (LIFE ESTATE)
BOARD OF ADJUSTMENT
APPLICATION FORM
CITY OF BEAUMONT
(CODES SECTION 28.02.005)
THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One)
() Appeal Variance () Special Exception
Complete the appropriate supplemental application form depending on which box is checked and include it with your
application.
APPLICANT'S NAME AND
APPLICANT'S PHONE NUMBER: FAX #:
iyd 11(-2C�CA`r'x
NAME OF OWNER:
ADDRESS OF OWNER:��,
LOCATION OF PROPERTY: '-Y5 W,' K LY,,)i4 -, 0— -S P �LN�
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. P,�.a�-� ii� OR
BLOCK NO. j-T i @
ADDITION
NUMBER OF ACRES
TRACT
PLAT
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the
properties proposed to be changed, and a complete legal field note description.
SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST.
SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND
ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO
EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE.
A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION.
IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY
FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN
ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID.
APPLICANT'S SIGNATURE: _��'�.., � �h�
t®- DATE:
PLEASE NOTE: THE APPLI� IS GIVEN(dDAYS TO APPEAL A DECISION OF THE BOARD IN
DISTRICT COURT.
PLEASE TYPE OR PRINT AND SUBMIT TO:
FILE NUMBER: T)`t - b A
DATE RECEIVED: J " �D ZOZI,7
CITY OF BEAUMONT
PLANNING DIVISION
801 MMN STREET, SUITE 201
BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3133
J BRAZO
SIGN CO.
March 10, 2020
To: City of Beaumont
Board of Adjustment
Re: 3580 S MLK Jr Pkwy, Beaumont, TX 77705
We would like to request a variance for a monument sign located at:
Beauparte Apartments
3580 S MLK Jr Pkwy
Beaumont, TX 77705
We feel that having a sign limited to 20 SF as allowed in the Urban Overlay District will impede the visibility for attracting
new residents at this property. The current sign is 75 SF and completely in ill repair. We are proposing a sign that is
substantially less than the current sign (49.02 SF) and with the new look and updated design will attract more residents
and create an aesthetically pleasing look to the property. We believe that the overall purpose for the Urban Overlay
District is to bring a cohesive look to the area and bring more business and revenue into a currently distressed area and
bring the community together with pride.
I have also outlined the reasons on the Variance Application From attached.
Please feel free to contact me if you have any questions or need any additional information.
Best Regards,
1
5
net lasscock
Project Manager
Brazo Sign Company
7220 Chippewa Blvd
Houston, TX 77086
281-395-2770
VARIANCE APPLICATION FORM
BEAUMONT, TEXAS
The Board of Adjustment has the power to grant variances where the following listed conditions have been met.
Indicate how your application meets each of these conditions in the space following each condition. (The applicant
has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met).
Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning
Ordinance when the Board fmds that all of the following conditions have been met:
CONDITION A: That the granting of the variance will not be contrary to the public interest.
CONDITION 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
physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical
hardship relating to the property itself as distinguished from a hardship relating to convenience, financial
considerations or caprice, and the hardship must not result from the applicant or owner's own actions.
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial
justice will be done.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS
STATED ABOVE.
APPLICANTS �.�.�,- SIGNATURE: �' C >D VO L Date: 2 I ' ">zo
Phone Number: ` `� ` Fax Number:
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File 764-BA: Consider a request to allow a Variance to the minimum sign size �
requirement of 20 square feet within the Urban Corridor Overlay District.
Applicant: Brazos Sign Co for Beauparte Apartments
Location: 3580 S M ]L K Jr. Parkway
0 400
1 1 1 Feet
DATE: June 18, 2020
TO: Board of Adjustment
FROM: Katrina Purcell, Planner 1
SUBJECT: To consider a request to allow a Variance to the minimum front yard setback from 25 feet
to 17.9 feet.
FILE: 755-BA
STAFF REPORT
Quenten Pete has applied for a variance to the minimum front yard setback for the property located at
2075 South Street. The property is zoned RM-H (Residential Multi -Family -Highest Density) and -
therefore requires a 25 foot front yard setback. The applicant is requesting to demolish the existing front
porch and rebuild it. The new porch will be 17.9' from the front property line and requires a variance to
allow it.
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
as distinguished from a hardship relating to convenience, financial considerations or caprice,
and the hardship must not result from the applicant or owner's actions; and
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 to property owners 19 .
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being Lot 5, Block 10, Parkdale, Beaumont, Jefferson County, Texas, containing 0.161 acres, more or
less.
GENERAL INFORNIATION/PUBLIC UTILITIES
APPLICANT:
Quenten Pete
PROPERTY OWNER:
Quenten Pete
LOCATION:
2075 South Street
EXISTING ZONING:
RM-H (Residential Multi -Family -Highest Density)
PROPERTY SIZE:
—0.161 acres, more or less
EXISTING LAND USES:
Residential
FLOOD HAZARD ZONE:
X — Area determined to be outside the 500
year flood plain
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Residential
RM-H (Residential Multi -Family -Highest Density)
EAST: Industrial
HI (Heavy Industrial)
SOUTH:. Residential
RM-H (Residential Multi -Family -Highest Density)
WEST: Residential
RM-H (Residential Multi -Family -Highest Density)
COMPREHENSIVE PLAN:
Conservation and Revitalization
STREETS:
South Street —Non -Major Street with a 60' right-of-way
and 25' pavement width.
DRAINAGE:
Curb and Gutter
WATER:
South Street - 8" water line
SANITARY SEWER SERVICE:
South Street — 6" sanitary sewer line
PROPERTY OWNER NOTICES SENT WITHIN 200'
ALVAREZ-CASILLAS IGNACIO
ARELLANO FRANCISCO
ARELLANO YADIRA
BARAJAS JUAN M RIOS
BOBB JESSIE J
COFFMAN HARVEY DUANE
COOK JAMES H ESTATE
DYNAMIC AND LIMITLESS
GAMA JOSE & CARMEN B
GOMEZJOSE HUMBERTO MEZA
GOTHE MELVIA
HERNANDEZ SERGIO & MARIA
JACKSON MARGIE ESTATE
LAMAR DEV CORP OF BMT
PINKSTON RICKY EARL
RATHORE DALIP S
RODRIGUEZ TORRES
SPEAR TEOFILA C
WASHINGTON LIVINGSTON J
BOARD OF ADJUSTMENT
APPLICATION FORM
CITE' OF BEAUMONT
(CODES SECTION 28.02.005)
THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One)
O Appeal
UA-ariance
() Special Exception
Complete the appropriate supplemental application form depending on which box is checked and include it with your
application.
APPLICANT'S NAME AND ADDRESS: '�Y
APPLICANT'S PHONE NUMBER: C�- 9-a ` o9 D iI S' FAX #:
NAME OF OWNER: CI
ADDRESS OF OWNER: ���}"� 11 s u 1� ��
LOCATION OF PROPERTY: � ,� V 9S 1�1 4- _6
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. 5 OR
BLOCK NO. D
�
ADDITION g, i k 0 1 CM&8k40n
NUMBER OF ACRES ®•) b b-�
TRACT
PLAT
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the
properties proposed to be changed, and a complete legal field note description.
SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST.
SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND
ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO
EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE.
A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION.
IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY
FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN
ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID.
APPLICANT'S SIGNATURE: (I G d Own �P1Ck DATE: �°"�a Q-0
PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN
DISTRICT COURT.
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
FILE NUMBER:
DATE RECEIVED:
801 MAIN STREET, SUITE 201
BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3133
4/8/20
3()Cky-&��s�r� ✓
I NEED TO REPLACE THE PORCH AT 2075 SOUTH ST BEAUMONT TEXAS 77701..THE CURRENT
PORCH ISNT SAFE FOR ANYONE TO WALK ON..THE BOTTOM HALF OF THE STEPS IS ALL BROKEN
AND THEY DONT COME UP HIGH ENOUGH FOR SOMEONE TO STEPDOWN WITHOUT FALLING
OR HURTING THEIR ANKLE ... I ATTACHED PICTURES
QUENTEN PETE 4/8/20
409-223-4148
1
VARIANCE APPLICATION FORM
BEAUMONT, TEXAS
The Board of Adjustment has the power to grant variances where the following listed conditions have been met.
Indicate how your application meets each of these conditions in the space following each condition. (The applicant
has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met).
Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning
Ordinance when the Board finds that all of the following conditions have been met:
CONDITION A: That the granting of the variance will not be contrary to the �public interest.
v� akvVlj I - � ti "" L%✓- J'4U U9'L6;R.- v� V � �� � ' ✓ d �� �l : "J ��r'l.a�
c-h
CONDITION 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
physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical
hardship relating to the property itself as distinguished from a hardship relating to convenience, financial
considerations or caprice, and the hardship must not result from the applicant or owner's own actions.)
(mot.% (t? CC1
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dooi-, cto itl fhoA 'S�/)7A,'/
ai'-*/- door,
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial
justice will be done. /
5-Q, C rl d�7 i� �� L i�Le e, e,,,v s=e, &u-o ce bq ve, kvC.
C 0 41 fot- t4b lie, c,Y- to Cam' -
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS
STATED ABOVE.
APPLICANTS OLA 9N PAL
SIGNATURE:Date:
Phone Number: 9 00 - 31R3-914 S/ Fax Number:
o Set capped iron rod
stamped
'ACCESS SURVEYORS" 20' alley
(unless noted otherwise) found Found
1' Pipe N 09'53'32' E 50.00' 1/2' Rod
N 89'0948' E 50.07'
Lot 5
Bloch 1®
25' building setback line
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driveway c
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Lot 4
Lot 6
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30.6'
25' building setback line
concrete proposed 25.4
Found 1/2' Pipe driveway Porch <<' 17.9 Found
Pinched
Top Pipe
S 89°53°32' 6Y 100.00' S 09'5332' IN 50.00' Found N 09'30'49" E 50.05'
1/2' Rod
South Street
(60' R.O.W.)
Surveyors Notes:
(1) This survey was completed without the benefit of a title commitment, and not
all easements or servitudes, whether of record or not, were researched at the
time of this survey or shown hereon.
(2) All bearings are grid, based on the Texas Coordinate System of 1983
(NAD83), South Central Zone.
PREPARED EXCLUSIVELY FOR: Quenten Pete. ,Sr- SCALE: 1 " = 20'
1, Scott N. Brackin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a
survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my
knowledge and belief. Survey Dated: March 23. 2020.
The subject tract being located at: 2075 South Street, Beaumont, Texas 77701
and being described as: Lot 5. Block 10, Parkdale Addition
recorded in Volume: 1 Page: 122 of the Plat Records of Jefferson County, Texas
vENq
'C�•F.TF Subject Property located in Flood Zone: X
/ Co.-
��SrERF !yN Community Panel No. 4854570020 C
.FIRM Dated: August 6, 2002
®_; ...... _................................
SCOTT N BRACKIN
Commercial - Industrial -Residential q 6650 '
11025 Old' Voth Road — Beaumont, Texas 77713 C9i1, �FSS1�°'OQ
relephone (409) 838-6322 Facsimile 838-6122 S'URv�
vww.occess—surveyors.com § rpls5163®ool.com Scott N. Bmckin
;le: 2020233-PLATflrm No. 10136400 Technician: CR ($e04 Registered Professional Land Surveyor No. 6650
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File 755-BA: consider a request to allow a Variance to the minimums front setback
from 25 feet to 17.9 feet.
Applicant: Quenten Pete
Location: 2075 South Street
o 100
I i I Feet
DATE: June 18, 2020
TO: Board of Adjustment
FROM: Katrina Purcell, Planner I
SUBJECT: To consider a request for a Special Exception to reduce off-street parking
requirements.
FILE: 756-BA
STAFF REPORT
Kirk Farrelly, on behalf of Dollar General, has applied for a special exception to reduce off-street
parking requirements for the property located at 5595 Fannett Road.
Special exception (c.) allows a waiver to off-street parking when the Board finds the same is
unnecessary for the proposed use of the building for which the request applies.
Submitted for your approval is the request and supporting information related to the Dollar
General new location. By strict compliance with the City of Beaumont Zoning Regulations, the
use would require 46 parking spaces. The proposed site has 9,100 square feet. This request
would be to allow this store location have the reduced number of parking spaces than required.
The development site has limited space and with over 16,000 locations, it has been determined
that 30 spaces is more than adequate for the customer flow rate that is generated.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 21
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being Lot 13-14, Block A FRC, Tyrrell Park, Beaumont, Jefferson County, Texas, containing
1.372 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Kirk Farrelly
PROPERTY OWNER: Dollar General Stores
LOCATION: 8540 Phelan Blvd
EXISTING ZONING: GC -MD (General Commercial -Multiple Family
Dwelling)
PROPERTY SIZE: —1.372 acres
EXISTING LAND USES: Commercial
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Commercial
EAST: Residential
SOUTH: Commercial
WEST: Commercial
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
Shaded X — Area determined to be outside the 100
year flood plain
SURROUNDING ZONING:
GC -MD (General Commercial -Multiple Family
Dwelling)
R-S (Residential -Single Family Dwelling)
GC -MD (General Commercial -Multiple Family
Dwelling)
GC -MD (General Commercial -Multiple Family
Dwelling)
Light Industrial
Fannett Road — Major Arterial with a 45'
right-of-way and 25' pavement width.
Open Ditch
8" Water line
21" Concrete sanitary sewer line
PROPERTY OWNER NOTICES SENT WITHIN 2001
BERTRAND AARON
DEBOSECAROLYN
DOUGLAS HUBERT A & BARBARA
FARR CLORIA
GAINES EUGENE JR
GONZALEZ MANUEL & PASCUALA
HOUSE JANIE L
JACKSON AVINASH
KISH PROPERTIES INC
MARTIN MARIETTA MATERIALS REAL
ESTATE INVESTMENTS INC
MOORE KEVIN & LEONA
NOWELLSIDNEY E
NUNEZ ENRIQUE & EDITH ARROYO (CD)
ROCHELLE BETTY
ROCIO COBIN &JESSIE MARIE
RODRIGUEZ NORMA
RODRIGUEZ NORMA
SWIFT INTERNATIONAL SERVICE GROUP
INC
WARD LINDA F
WEBB DAN &JUDY
BOARD OF ADJUSTMENT
APPLICATION FORM
CITE' OF BEAUMONT
(CODES SECTION 28.02.005)
THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One)
() Appeal
lariance
Special Exception
Complete the appropriate supplemental application form depending on which box is checked and include it with your
application.
APPLICANT'S NAME AND ADDRESS: Kirk Farrelly, 361 Summit Blvd Suite 110, Birmingham, AL 35243
APPLICANT'S PHONE NUMBER: 205-263-4589 FAX #: 205-968-9229
NAME OF OWNER: DG Beaumont (Fannett Rd), LLC
ADDRESS OF OWNER: 361 Summit Blvd Suite 110, Birmingham, AL 35243
LOCATION OF PROPERTY: 5595 Fannett Rd, Beaumont, TX
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. 13 & 14
BLOCK NO. Volume 5, Page 174
ADDITION Tyrrell Park Addition
NUMBER OF ACRES 1.37
OR TRACT
PLAT
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the
properties proposed to be changed, and a complete legal field note description.
SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST.
SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND
ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO
EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE.
A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION.
IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY
FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN
ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID.
APPLICANT'S SIGN
K
DATE: 5/13/2020
PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN
DISTRICT COURT.
PLEASE TYPE OR PRINT AND SUBMIT TO:
FILE NUMBER: } I�D % — 64.
DATE RECEIVED: '5-14 - Z020(
CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, SUITE 201
BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3133
DOLLAR GENERAL
Dollar General Corporation
100 Mission Ridge
Goodlettsville, TN 37072
April 29, 2020
Katrina Purcell, C.F.M.
Planner I
City of Beaumont
409-785-4793
Parking requirements at the proposed Dollar General location at 5595 Fannett Road, Beaumont, TX.
Dear Katrina,
Through the years Dollar General has been in the process of refining the design criteria for new store
development. With over 16,000 stores in productive operation, we have gathered a significant amount
of data.
One area in which we are balanced between development cost and customer need is in the area of
parking requirements and accessibility for our build -to -suit locations. Our stores average around 15-20
transactions per hour. We have estimated and confirmed that 30 spaces would accommodate the
customer flow rate that our business generates. This standard has been sufficient for even the traffic
generated at the peak Christmas Season levels.
Thanks for your consideration and feel free to contact me with any other questions you may have.
Best regards,
Randy D. Martin
A&E Plan Coordinator - Western Region
AZ, CA, CO, IA, KS, MN, ND, NE, NM,
NV, OK, OR, SD, TX, WA & WY.
EMAIL; rmartin@dollargeneral.com
l� l• p r day
VARIANCE APPLICATION FORM
B EAU1V'1 O T, TEXAS
The Board of Adjustment has the power to grant variances where the following listed conditions have been met.
Indicate how your application meets each of these conditions in the space following each condition. (The applicant
has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met).
Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning
Ordinance when the Board finds that all of the following conditions have been met:
CONDITION A: That the granting of the variance will not be contrary to the public interest.
The public will be benefited by granting of the variance in the form of reduced unnecessary pavement, increased landscape buffers at the rear of the prope
and larger area for stormwater detention. Thus, the granting of the variance will not be contrary to public interest.
CONDITION 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
physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical
hardship relating to the property itself as distinguished from a hardship relating to convenience, financial
considerations or caprice, and the hardship must not result from the applicant or owner's own actions.
The existing property is narrow across the front and increases in width across the rear of the property. To comply with the parking requirement would regc
paving a much greater portion of the site in the rear due to the insufficient property frontage, which would add unnecessary impervious area and have a
negative effect on surrounding properties.
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial
justice will be done.
The ordinance requirement is based on gross floor area, which assumes the entire area of the building is open to the public. When removing the receiving)
storage areas, office, breakroom, restrooms, shelving, etc. the provided parking is more in line with the intended parking ratio by Ordinance. The Tenant 1
over 15,000 Stores in their pipeline and knows their parking needs, which is what is proposed. Further, real world parking studies at many locations in the
Northeast, with higher population density than the subject Project location, have confirmed the provided parking request being applied for is more than
sufficient.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS
STATED ABOVE.
APPLICANTS �i
SIGNATURE:C �� • � Date: 5/13/2020
Phone Number: 205-263-4589 Fax Number: kfarrelly@cgpre.com
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CAPITAL GROWTH
BUCHALTER
MAY 13, 2020
KATRINA PURCELL, C.F.M.
CITY OF BEAUMONT
801 MAIN, SUITE 210
BEAUMONT, TX 77701
SUBJECT: LETTER OF INTENT - PID 108078
PROPOSED DOLLAR GENERAL
5595 FANNETT RD
BEAUMONT, TX
MS. PURCELL,
REPRESENT CAPITAL GROWTH BUCHALTER, INC., AND WE ARE UNDER CONTRACT TO PURCHASE AN EXISTING +/-1.37 ACRE
PARCEL. WE ARE REQUESTING A SPECIAL EXCEPTION FROM THE CITY OF BEAUMONT ZONING CODE TO ALLOW FOR 30 TOTAL
PARKING SPACES IN LIEU OF THE CODE REQUIRED 46 TOTAL PARKING SPACES, BECAUSE DOLLAR GENERAL NEEDS
SUBSTANTIALLY LESS PARKING AS EVIDENCED BY THE INCLUDED PARKING COUNT LETTER FROM CORPORATE. THIS SPECIAL
EXCEPTION REQUEST WILL HAVE NO ADVERSE EFFECT ON THE NEIGHBORING PROPERTIES, AS IT WILL ALLOW FOR UNNECESSARY
AND UNUSED PAVEMENT TO BE ELIMINATED AND IN TURN ALLOW FOR MORE LANDSCAPE BUFFERS ON THE SIDES AND REAR.
ADDITIONALLY, THIS SPECIAL EXCEPTION REQUEST HAS THE FURTHER BENEFIT OF REDUCING THE OVERALL IMPERVIOUS SURFACE
AREA OF THE PROJECT AND REDUCING STORMWATER RUNOFF.
IF YOU HAVE ANY QUESTIONS OR IF YOU NEED ANY FURTHER INFORMATION, PLEASE DO NOT HESITATE TO CONTACT ME. WE ARE
LOOKING FORWARD TO HOPEFULLY BRINGING A NEEDED GENERAL RETAIL STORE TO THIS AREA FOR THE BENEFIT OF BOTH THE
CITY OF BEAUMONT AND THE LOCAL RESIDENTS.
RESPECTFULLY,
CAPITAL GROWTH BUCHALTER, INC.
.LAMES KIRK FARRELLY, P.E.
(205) 263 - 4589
KFARRELLY@CGPRE.COM
3 6 1 SUMMIT BLVD. SUITE 110. B I R M I N G H A M, AL 3 5 2 4 3 C G B U C H A L T E R. C O M
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FILED AND RECORDED
0to>.".>. OFFICIAL PUBLIC RECORDS
4
2019 Jul 0312:39 PM Fee: $ 34.00
2019022355
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY TEXAS
*Electronically Recorded*
STEWART 6 i Q LE
File No. 432368 t_N 4n
SPECIAL WA_,RRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
e.
Date: , 2019
Grantor: SWIFT INTERNATIONAL SERVICE GROUP, INC., a Texas Corporation
Grantor's Mailing Address: P. O. Box 680172, Houston, Harris County, Texas 77268
Grantee: RIPPEON PROPERTIES, LTD., a Texas Limited Partnership
Grantee's Mailing Address: 6115 Muela Creek Drive, Beaumont, Jefferson County, Texas
77706
Consideration: TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consider-
ation
Property (including any improvements):
BEING 1.37 acres of land out of Lots 13 and 14, Unit "A", Tyrrell Park Addition,
recorded in Volume 5, Page 174, Map Records, Jefferson County, Texas; said
1.37 acre tract being more fully described) by metes and bounds as follows, to -wit:
BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND ARE
BASED ON THE NORTH AMERICAly DATUM OF 1983, ADJUSTMENT
2011.
BEGINNING at a 1/2" rebar found on Me intersection of the east line of said Lot
13 and the south right-of-way line of a c -1dicated road named Fannett Road; said
rebar being the northwest corner of Lot 1, Block 2, Leroy Addition, recorded in
Volume 9, Page 57, Map Records, Jefferson County, Texas, and being the north-
east corner of the herein described tract;
THENCE South 60°20'54" East (called South 57°46'00" East) along the west line
of said Leroy Addition and the east line of said Lot 13, a distance of 311.44 feet
(called 311.58 feet) to a 1/2" rebar found for the northeast corner of Lot 3, Block
1, Crestland Place, recorded in Volume 10, Page 135, Map Records, Jefferson
County, Texas; said rebar being the southeast corner of the herein described tract;
m_ .___m___
S)ATIFT INTERNATIONAL SERVICE GROUP,
INC., a Texas Corporation
NERV THOMAS, President
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on the ,l1 day of
( S4 2019, by NERV THOMAS, President of SWIFT INTERNATIONAL
SERVICE GROUP, INC., a.Texas Corporation, on behalf.of said Texas Corporation.
NOTARY PUBLIC IN AND FOR
.;�p�.'""'' - MF.�,INNAiM4MAS THE STATE OF -re7C�
�� # 1146310 Printed9r typed name of notary:
EVkgs Nor mbP.r! i
� R Oil,.• 2b �' •a
My commission expires:
PREPARED IN THE LAW OFFICES OF:
MICHAEL D. MATTHBWS
GRIFFIN & MATTFIEWS
400 Neches at Crockett .
Santa Fe Depot h
Beaumont, Texas 77701
(409) 832-6006
Please Return To:
Rippeon Properties, Ltd.
6115 Muela Creek Drive C3 /4
Beaumont, TX 77706
N
File 756-BA: To consider a request for a Special Exception to reduce off-street parking
requirements.
Applicant: Kirk Farrelly for Dollar General Stores
Location: 5595 Fannett Road
0 200
1 1 1 Feet