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Home My WebLink About438-BADATE: March 2, 2000 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the landscaping regulations of Section 30-31 (c) 3. as ,allowed by Section 30-37 E. 3. This request refers to the required 6 foot minimum width landscaping edge or buffer between a parking lot and a public street right-of- way. FILE: 438-BA STAFF REPORT Mr. Syed M. Mohiuddin and Mr. Mehboob R. Jiwani are purchasing a 50'x 140'lot zoned NC (Neighborhood Commercial) located at 3630 Highland Avenue and Church Street in South Park. They want to build a new washateria which will contain approximately 23 gas dryers, 3,0 washing machines and a laundry -dry cleaning pick -tip. The building dimensions are 18'x 110', The length of the building will face Highland Avenue, Eleven parking spaces will be provided in front of the building. A landscaping edge or buffer is required along each side of a parking lot that faces towards a public right-of-way. The landscaping edge shall be for the parking lot's entire length. The landscaping edge shall be no less than 6 feet wide and may use up to 3 feet of the public right-of-way, if unused and available at time of permitting. A screen no less than 3 feet high comprised of a wall, solid fence, berm, or plant material shall be provided along the entire length of the landscaping edge, if any pail of the landscaping edge is within 10 of the right- of-way line. Because of the narrow width of the property the applicant asks that he be allowed to use only the 3 feet of right-of-way for the landscape edge. He will plant the required number of trees in the strip. He also is able to provide the 6 foot wide strip and trees along the Church Street side of the property. He is required to provide a 5 foot setback on the west side of the lot (rear of building). The parking lot scheme has been approved by the Traffic Division. He does not have enough space for a 6 foot wide buffer along Highland. The applicant has the burden of proof to demonstrate compliance with Conditions A, B and C. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 18 Responses in Favor . Responses in Opposition I 41 [ I . 1 - I w" I . I . Al 1' , I . I . ® " 1 ` 1' I 1 --=--- UL U V h.-N A Ui- III + ► � ��/�,, rim■ j Is U B JELTJ�"m EAST CHURCH ST. 4 EAST PIPKIN ` BROCKMIAN NOLAN uji fib V4CY Sit t • �!A>1 M 111� Ida"' iifi:d so 4 � M w tfi& a tt. a LLJ d 10 � • w r �t • � a � a r � pit �" �' s ;' se 40 A so ' ADAMIS ST. � w it �r. so so 71 � w 4 'e At � � r s w �+rr ° s �lt �o • so to PIS ll To, The Board Of Adjustment City Of Beaumont Beaumont, Texas REFERENCE: "Variance for landscaping on only one side of the Property." LEGAL DESCRIPTION; Lot no. 6 (six), In Block no. 5 (five), of JefyChaison Addition of the City of Beaumont, Jefferson County Texas. PHYSICAL DESCRIPTION: 3630 Highland Avenue Beaumont, Texas 77705 Dear Board Members: With all due respect, we are presenting our request to get variance for Landscaping only at one side of the property with the good faith and lots of hope. The people of this neighborhood did not have a proper public washeteria For so long and they have to go far to do this daily life chores. By keeping this problem In mind we decided to build a washeteria with a dry --clean pick-up point on the side. After studying the demographics of this particular neighborhood, discussing with The professionals we came up with the size of a washeteria which can serve comfortably the community of this neighborhood without waiting for washers Or dryers, By the great help of planning division and transportation division we met The city's requirements for parking space we needed. With this parking space people Of the community can park comfortably. We do have a great respect for the ordinance as well as the board. And We understand how good it is to have landscaping around the building. There is no doubt in our minds about the beauty of green areas and the trees around the building, We decided to use 6 (six) feet of our property towards the church street for landscaping But we are having a little problem to spare 3 (three) feet of our property towards the Highland Avenue side. If we use these 3 (three) feet of our property we will not be able To provide enough parking up to the city's requirements. We would be very happy to do maximum landscaping on the city Property and we will fulfill all the city codes required. We will gladly maintain all That landscaping even city do any kind of repair at the particular part of the property. We are looking forward to hearing something very positive. Sincerely, Syed M Mohiuddin, Mehboob R. Jiwani VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) 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 That the granting of the variance will not be contrary to the public interest. o, wkAm vva-o-e o, 'te boy wAtt,, tacJ— b� eowwaril/ cat. bt- bet",014� ve�y Uk oct, b 1� T 7 - 7 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 nsiderations or caprice, and the hardship must not result from the applicant or owner's own actions. BeCAAV)1-e (TA RaIrm U-VA elhA tao 1A, -Aiekiv � ieme- Dr� r"y u_-.e cor& beru 0-61 e- tv weeJ rNI; tAAt'V1X4AAA WIC IZ-13 f�, A owy ��Orlr tn L V""-f 1*ac-e- a,.J UZIL kqYA��t 1-b CaU-11� I X\Ale.-O -M (&-4-1 LAI CONDITION That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. bw- CMAJ!'_" Co- tLZ1 C OY 0AA (VA Ck&UJfCAA Srrled' /)�JJ2. a_r1(1C A - rb t Ita- -rei5LWyeAA.AeJV W-e- V-0- , CkO aAXY 6ta k-0 W MCA me:%-06"4 be(XX&-+, 4". I HEREBY ATTEST THAT, TO THEMST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Date: Z/11 L6V YOTO TWO GENERAL INFORMATION/PUBLIC UTILITIES Mm G PROPERTY OWNER: STATUS OF APPLICANT: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Store EAST: Vacant lots and repair shop SOUTH: Service station WEST: Residences along Church Street COMPREHENSIVE PLAN: OTHERPHYSICAL FEATURES: STREETS: WATER: Syed M. Mohiuddin San Van Do Prospective buyer 3630 Highland Avenue at Church Lot 6, Block 5, Jef Chaison Addition NC (Neighborhood Commercial) District 0.16 acres Abandoned washateria on south Y2of the lot. "C" - Minimal flood hazard zone SURROUNDING ZONING: NC (Neighborhood Commercial) District NC NC NC Conservation and Revitalization None Highland Avenue, a secondary arterial street with a 60' right-of-way and a 36' wide pavement (4 lanes). Church Street is a 60' wide residential right-of-way with an 18'wide pavement. There is a 36" storm sewer in Highland and a 42" storm sewer in Church. There are 8" water lines in Highland and Church. GENERAL INFORAIATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: FIRE PROTECTIO : ADEQUACY OF SERVICE: There is a sanitary sewer in the alley which runs from Highland to Irving. Fire protection is provided by Station #3, 805 Woodrow (new construction). Services are adequate,