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HomeMy WebLinkAbout543-BA DATE: September 7, 2006 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for variances to the landscaping and screening requirements to delete the required 10' wide landscape strip and the 8' high opaque fence required for multi-family developments next to an RS (Residential Single Family Dwelling) District. FILE: 543-BA STAFF REPORT Kelley Family Investments, Ltd. is asking for variances to the landscaping/screening requirements along the west side of their property at 1650 Cornerstone Court. The west side of the subject property abuts property owned by DD#6. DD#6's property is zoned RS and is used as a retention pond and A The Meadows Soccer Complex @. Section 30-31 of the Zoning Ordinance states that whenever a multi-family use is established adjacent to RS zoning, an 8' tall opaque fence and a 10' wide landscape strip shall be installed. Kelley Family Investments is asking that they not be required to provide the screening fence and the landscape strip along that west boundary. The applicant states that the regulations would require them to install trees every 25' and a solid fence along the entire 1,135' length. The trees and fence would be required adjacent to a property that is used as a retention pond and will never be developed for residential purposes. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for the approval of a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Kelley Family Investments, Ltd. PROPERTY OWNER: Same LOCATION: 1650 Cornerstone Court LEGAL DESCRIPTION: Being Tracts 97 & 83, A. Houston Survey, Abstract 33, City of Beaumont, Jefferson County, Texas, containing 7.792 acres, more or less. EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 7.792 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain; Shaded A X @ - Areas determined to be within the 100 year to 500 year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commercial GC-MD SOUTH: Commercial GC-MD WEST: Retention pond/soccer fields RS (Residential Single Family Dwelling) District COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: None STREETS: Cornerstone Court - Local street with a 60' right-of-way width and a 27' pavement width DRAINAGE: Curb and gutter WATER: 6" water line GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: 6" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #9, 7010 Gladys. ADEQUACY OF SERVICE: Services are adequate.