The URL can be used to link to this page

Home My WebLink About753-BADATE: 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 INFORMATIGNIPUBLIC 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: 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 3VVariance () 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: -P -1C-1LE f - Qj,,,iz) elde, Ak, �� c APPLICANT'S PHONE NUMBER: (100�—'T cirl-6:1S 3 FAX NAME OF owNEK:j -3t, 1,Ac,14,,A ADDRESS OF OWNER: LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT No i-1 VJ L, 2- Lq BLOCK NO. , I L ADDITIONMt, OR TRACT_ PLAT SURVEY NUMBER OF ACRES - 0-n 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. SUBNHT 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 TFUSAPPLICATIONIS GRANTED BY THE BOARD, 1UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISSION4fir THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATUREK.-av"---� DATE: PLEASE NOTE: COURT. IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT PLEASE TYPE OR PRINT AND SUBMIT TO: 13 KIN 1110 00LEX R] a PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (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, Beaumont Texas Dear Members of the Board of Adjustment, My name is Christopher Scott Reeves, and lam seeking the approval by the Board of Adjustment of Review of the Variance fora 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 are applying for. CONDITIONA: The granting of this variance will not be contrary to any public interest. CONDITION B: The enforcement of the ordinance will not result in any unnecessary hardship rather physical nor otherwise. The area where the cover is does not change any access to any utility nor, building be it ours or another. CONDITION C: By granting this variance, the spirit of the ordinance will be observed and justice 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 you rapproval 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 Calder Ave Beaumont,Texas 77701 409-599-6783 Email: reeves.scottc@gmail.com 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 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 b c Cs A r- a dJ ..' 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. -Applicant' signature: Date: 12,1 t ) 'Prone # � 0 9 —S ��" �`�� FAX # 4J IV Fv, 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 0 100 200 1 1 1 1 Feet