HomeMy WebLinkAbout602-BA
DATE: December 3,
2009
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a variance to the flood plain ordinance
requirement that commercial property be flood proofed to 18"
above the flood plain elevation
FILE: 602-BA
STAFF REPORT
Richard Ware, representing the Beaumont Yacht Club, has applied for
a variance to the flood plain ordinance requirement that commercial
property be floodproofed to 18" above the flood plain elevation. The
property is located at 560 Marina Dr.
The Beaumont Yacht Club proposes building two boat storage units.
The buildings will be located on property located in an A AE @ flood
plain. The A AE @ flood plain is defined as a special flood hazard area
that is inundated by the 100-year flood.
The City of Beaumont Flood Zone Ordinance states that A new
construction and substantial improvements of any commercial,
industrial or other nonresidential structure shall either have the lowest
floor (including basement) elevated a minimum of one foot six inches
(1'6") above the base flood level or together with attendant utility and
sanitary facilities, be designed so that a minimum of one foot six
inches (1'6") above and below the base flood level the structure is
watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy.@
FEMA Technical Bulletin 7-93, Wet Floodproofing Requirements,
states that variances to allow wet floodproofing may be issued for
structures functionally dependent on close proximity to water. Wet
floodproofing is defined as:
Permanent or contingent measures applied to a structure
and/or its contents that prevent or provide resistance to
damage from flooding by allowing flood waters to enter the
structure.
These structures may include certain types of docking, seafood
processing, and port facilities associated with marine activities.
STAFF REPORT continued
The following requirements, at a minimum, must be attached to the
variance for an accessory structure:
1. It must be anchored to resist flotation, collapse and
lateral movement.
2. The portions of these structures located below the BFE
must be constructed of flood-resistant materials.
3. It must be designed to allow for the automatic entry and
exit of flood waters.
4. Mechanical and utility equipment must be elevated or
floodproofed to or above the BFE.
5. It must comply with the floodway encroachment provisions
of the NFIP Regulations.
6. Its use must be limited to parking and/or limited storage.
Mr. Ware states that having to meet the requirement to raise
or floodproof would cause a financial hardship that would result
in a failure to meet financial obligations and would cause a
forfeiture of the Yacht Club=s lease.
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 6 .
Responses in Favor . Responses in Opposition
.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Richard Ware for the
Beaumont Yacht Club
PROPERTY OWNER: City of Beaumont
LOCATION: 560 Marina Dr.
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 30.18 acres, more or less
EXISTING LAND USES: Marina
FLOOD HAZARD ZONE: A AE @ - Special flood hazard areas
inundated by 100-year flood
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial, fire training facility GC-MD (General Commercial-Multiple
Family Dwelling) District
EAST: Neches River N/A
SOUTH: Wetlands N/A
WEST: Wetlands GC-MD
COMPREHENSIVE PLAN: Public Lands
STREETS: Marina Drive - Local street
DRAINAGE: Open ditch
WATER: 6"water lines
SANITARY SEWER
SERVICE: 6" and 8" sanitary sewer lines
PROPERTY OWNERS
CITY OF BEAUMONT
MAGNOLIA CEMETERY