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HomeMy WebLinkAbout376-BADATE: October 5, 1995 TO: Board of Adjustment F. Stephen C. Richardson, Planning Director SUBJECT: Consider a variance request to reduce the building setback requirements for two proposed buildings, located in the Light Industrial zoning district. The Planning Director recommends approval of a variance of the 25' building setback requirement to allow the two buildings to be placed along the north and south property lines as requested. The application meets conditions A, B and C as required by the ordinance. The Planning Director recommends denial of a variance of the 5' building setback on the west property line. The site plan shows the building 1' off the property line. A 5' setback from the west property line for the 24' x 24' building ought to be maintained for future building separation should the vacant neighboring tract be developed. A frame residence was recently removed from that tract. The applicant has acquired a small tract located in the LI district requirements. The triangular shaped parcel of land is sandwiched between the Cardinal Drive service road and a gravel surfaced portion of Florida Avenue. This part of Florida lies on the south side of the highway. The applicant wishes to construct two small buildings on the tract for the purpose of conducting a vocational school for industrial welding instruction. One building (24' x 24') will be used as a classroom and the other (48' x 30') for practical hands-on training. The LI district requires 25' building setbacks along any abutting public right-of-way. Because his property abuts two streets, is triangular in shape and is traversed by pipelines, he cannot meet the setbacks. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 6 Responses in Favor: 1 Responses in Opposition: i « Q RT ff ky, I f R I The Board of Adjustment 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. 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 property owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. ANALYSIS A) Granting the two 25' setback variances for each structure will be in the public interest. The applicant proposes to position the two buildings on the triangular shaped tract in the most practical way possible. The industrial tract is the parcel remaining after the majority of the tract was taken for Cardinal Drive right-of-way. The variance will allow a permitted land use on the vacant tract. B) Literal enforcement of the Ll district building setback requirement along street rights - of -way would result in an unnecessary hardship on the owner.The tract is 79.81' at its widest point and narrows to 22.00' on the easternmost side. The tract also has multiple Mobil Oil gas and oil pipelines bisecting the property from the southeast to the northwest. The owner cannot place a structure across these pipelines. The Ll district regulations (See. 30-25 B.3) require a 25' setback along the Florida Ave. (unpaved) right-of-way as well as 25' off the highway service road. These setbacks, if imposed on the tract, would prevent the owner from opening his school. Side yard setbacks in the district are 5'. C) Granting the variance of the 25' setback requirement will provide justice to the ,applicant, allow a viable and productive use for the vacant land and do no harm to the spirit of the ordinance. The regulations already allow structures and buildings in the industrial districts to expand to the property lines as a right if a development existed on the land at the time of the adoption of the ordinance in 1981. A-- Je. r File 376-BA: Request for a variance from the building setback.acsetback.in requirements for property located the LI NORTH (Light Industrial) District. A& :,,?) LOCATION: Florida Ave @ Hwy. 69, 96, & 287 SCALE APPLICANT: Gary F. Strahan and Kyle G. Strahan 1/200 QC- %��4fj 10i a WY WV le I .2. rp ice.I I , FLORIDA A SUBJEC- -P LI f -1 AMA z A IMM& "Y ar M ju J, A xy ` A M*IF Sr OD T - —.- — 7" I Clint: GARYSTRAHAN A, SCA LA'. 1 50, FOUNA Salt IRONROD LOT X MUNI) 1/2" IRONROD I"MIA'D b— .- IRON ROD ---FOIJAID I" IROATROP IRON PIPE PROPOSED24W24, I' 11VILDINGPOFF S\O PROPERT) LINE S N13' b' IROVROP vrr LIMAYROD, —c census Tract. FEMA Flood "Lone .�( ('0171MUnity 1) aq,14',' Panel late: -- Field Book No. Yi4 Project No.:-9506-1-6(1 4— PROPOM"D SITE PLAN FOR AN WTI Cc31 TT R ORM4 A Yc"NUF AT A WG G 2-6111deP121137 It4 r" t A, U) w 0 )N1 T, TFIVI I I ;o I 0.202 ACRE IRACT Oullor BLOCK OF THE ANNr 1: WARREASUBDIVISION FAUST PILE 37(6-8A 1,"NUNEF"RING AND SURVEYING, INC. 5925 Phelan Boulevard, Suite 1-2 Beaumont, Texas 77706 My father and I would like a variance to build on the stated property at old Florida Ave. and Cardinal Drive. Due to the shape, size and narrowness of the property, the current city ordinance creates an unnecessary hardship, We could construct a small building on the far west end, however, there are petroleum pipelines located directly under this section of land, We wish to build a family business that will provide a service to the public while observing the spirit of the city ordinance. , The land was inherited and the city has previously acquired a major portion of the property as roadway easements, leaving a small and irregular shaped lot. We are currently paying taxes on the property but are unable to use it for any purpose. Your fair and reasonable consideration for this variance will be greatly appreciated. Sincerely, G�al. Strahan and Kyle G, Strahan 376-3(A N 'F K I 'I (.LJNINO O\V TR- WUF� 11MMI VARLANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 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. Separate sheets may be attached. (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. 'E>US1N6sS 00 TR�— PRDUiV6 AQ iN gmucmal-�Ao— 56g-ul ce, Tb Tl*- fubLA C, 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. 0-poisr, ?4w t>c- w W P M I S P""Owp es ' J -SHfJv?& kW S17,& L1TbZft(. 6*�rOX(&A6"H 0� T"6 WtLL R-OSviT )W 00U&C&Ss� 1*,V-V5tt1P, Is A ► CIri ?,6S v LT Or TVd-_ 5 I'L & p0J 0 5 IW6 UP Ille- FrZbf C-JZT'y CONDITION Q That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. a4k-ra n ri (- o e -i I -t(,- V/W, 1 (kw C,(-- 5? 1 9-t -r ()T-- 1116 o (zD i �4 Prow � w I tit, o P<oD Su g S TrTj -n At- �u 5 r i ct 1) oo arid kl 504(C&S wii-L,136; PU096D TO 111f:� PUBLIC A-S W6-L(- PtS AKJ 1WCf,6A5C- IM 7116 13M& O�A,-VVIS fkf 6aV L-,&Qi (:-' 111tJ �- -J&-ffmsoo Ccu�i ry, I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: ,Date: GENERAL RIEO-RMATION/PUBLIC,UTILITIES ImMaRNAMIM 8, Gary E. & Kyle G. Strahan Gary E. & Kyle G. Strahan LOCATION: Cardinal Drive (U.S. Highway 69, 96 & 287) @ Florida Avenue (south side of the highway) EXISTING ZONING: LI (Light Industrial) PROPERTY SIZE: 0.202 acres EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES,: NORTH: Cardinal Drive EAST: Cardinal Drive Vacant Parcel "C" - minimal hazard SURROUNDING ZONING: LI (Light Industrial) LI SOUTH: Florida right-of-way and LI parking lot for Waste Management, Inc. WEST: Vacant tract X COMPREHENSIVE PLAN: Industrial along Activity Corridor OTHER PHYSICAL FEATURES: Narrow triangular tract bisected by pipelines STREETS: Cardinal Drive (U.S. Highways 69, 96 & 287) service road, east bound. This is the former Loop 251 and is a freeway and a primary federal highway. The right-of-way width is approximately 300' at this location. The service road is two lanes wide. Florida Avenue This section adjacent to the subject tract is a 40' right-of-way with a gravel and slag surface. DRAINAGE: There are storm sewer inlets in the Cardinal Drive right-of-way and roadside ditches along Florida, GENERAL INFORMATIONTUBLIC UTILITIES (continued WATER: SANITARY SEWER FIRE PROTECTION: ADEQUACY OF SERVICE: LEGAL DESCRIPTION OF PROPERTY There is 6" water main in Florida. There is an 8" sanitary sewer in Florida that feeds off a 36" major truck line. Fire protection is provided by Station #3, Kenneth & Brokman and #10, 3855 Washington Blvd. Utilities and services are adequate. That certain 0.202 acre tract out of Block 9 of the Annie T. Warren Addition, a plat recorded in Volume 1, Page 71 of the Jefferson County Map Records; said 0.202 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod set at the intersection of the north line of Florida Avenue and the east line of said Block 9; said iron rod being the southeast corner of the said 0.202 acre tract; THENCE West along the said north line of Florida Avenue, a distance of 172.60 feet to a 1" iron pipe found for the southwest corner of the said 0.202 acre tract; THENCE North 00 0 02' 55" West, a distance of 79.81 feet to a 5/8" iron rod found on the south line of Highway 69, 96 and 287 service road for the northwest corner of the said 0.202 acre tract; THENCE South 71 o 31' 47" East, along the said south line of Highway 69, 96 and 287 service road, a distance of 182.07 feet to a 1/2" iron rod set on the said east line of Block 9 for the northeast comer of the said 0.202 acre tract; THENCE South along the said east line of Block 9, a distance of 22.00 feet to the POINT OF BEGINNING and containing 0.202 acres of land, more or less.