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HomeMy WebLinkAbout616-BA DATE: April 7, 2011 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a variance to the minimum side yard building setback from 5' to 0' FILE: 616-BA NOTE: This item was tabled at the March 3, 2011 Board of Adjustment meeting STAFF REPORT Joe Feldman, representing Bertino Investments, has applied for a variance to the minimum side yard building setback from 5' to 0'. The property is located at 6565 Eastex Freeway. Mr. Feldman states that he is under contract with Bertino Investments to construct a new building on the existing slab. The property is the former site of Sam=s Western Wear Store. Once the store was closed, the building was leased to a church. Hurricane Rita destroyed the building. The City red-tagged the building after the storm and it was demolished by the property owner. A usable slab remained after the demolition. That slab sits approximately six inches from the southeast property line. It is now the intention of the owner to construct a new building on the existing slab with the building sitting approximately six inches from the property line. Mr. Feldman states that he would hope he could construct the new building on the usable slab. According to the Building Official, the slab will have to be certified by an engineer before it can be used. At the March 3 meeting, the Board discussed with Mr. Bertino as to whether the foundation could support a new building the size of the original or smaller. If not, the foundation would have to be demolished and the building moved to meet the minimum 5' building setback. The applicant has submitted a letter from Neches Engineers certifying that the foundation has the capacity to support a new building. This letter has been reviewed by the City of Beaumont Building Official and he states that he would accept the letter for proof that the slab could support a new building, regardless of size. The Building Official, after reviewing the pictures submitted by Neches Engineering, also stated that if a building is constructed 6 A from the property line, a 4 hour fire wall would be required. STAFF REPORT continued The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 8 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Joe Feldman PROPERTY OWNER: Bertino Investments, Inc. LOCATION: 6565 Eastex Freeway EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.76 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commrecial GC-MD SOUTH: Commercial GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: Freeway Activity Corridor STREETS: Eastex Freeway - Freeway with varying right-of-way and pavement widths DRAINAGE: Curb and gutter WATER: 16" water line SANITARY SEWER SERVICE: 15" sanitary sewer line PROPERTY OWNERS BERTINO INVESTMENTS INC REED KEVIN BOSWELL JAMES C DR PARKDALE MALL ASSOC % JAMES J GUDIN J&J MOTEL INC MCKINSTRY TODD & MARLA K PARKDALE MALL ASSOC % J C PENNY 1958-8 TAX DEPT