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HomeMy WebLinkAbout375-BADATE: ,Tune 1, 1995 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: A request for a variance from the front yard building setback requirements as allowed by Section 30-37 E. 3. This is in regard to a proposed structure in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5845 Eastex Freeway. FILE,: 375-BA STAFF REPORT The Planning Director recommends that the variance for the front yard be approved because the three conditions for approval have been met by the applicant. The Texas Commerce Bank wishes to build an automatic teller machine (ATM) in the front of the K-Mart Shopping Center parking lot within 8' of the front property line. The GC -MD District requires a minimum 20' setback for the commercial banking facility (Section 30-25 B.2.). A variance is possible under Section 30-37 E.3. Exhibits are attached. PROPERTY DESCRIPTION Being a 2,500 square foot tract out of the F. Bigner Survey, Beaumont, Jefferson County, Texas, said tract being out of a 12.587 acre tract out of Blocks 7 and 8 of the Mrs. D, A. Collier's Estate Subdivision, said 2,500 square foot tract having dimensions of 25' x 100' and being located in the K-Mart parking lot at 5845 Eastex Freeway (U. S. Highways 69, 96 and 287). NOTE: A complete metes and bounds description of said tract and snaps of the site are on file in the office of the Planning Division.. P[]BLIC NOTIFICATION Notices Mailed to Property Owners: 16* Responses in Favor: Responses in Opposition: * 200' outside shopping center 12.587 acre tract. NATIONAL ASSOCIATION P. 0. BOX 2751 BEAUMONT, TEXAS 77704 838-0234 May 15, 1995 Members of the Board of Adjustment: Texas Commerce Bank National Association (hereinafter "TCB") submits this application for a variance from certain requirements set forth in Section 30-25(B)(2) of the Zoning Ordinance for the City of Beaumont, Texas. Specifically, TCB is seeking a variance from the 20' minimum front yard requirement to which property classified as General Commercial - Multiple Family is subject. TCB proposes to construct a small Automatic Teller Machine ("ATM") facility on property it leases from GSSW, L.P. The leased property is located in the parking lot of the shopping center located at the southeast comer of Dowlen Road and the Eastex Freeway. The proposed facility will be located generally in front of the K-Mart store which is located in the shopping center. The facility would be approximately nine feet and four inches (9'4") long and four feet and three inches (4'3") wide. The sole purpose of the facility would be to house an ATM for customers to use from their vehicles. A variance from the minimum front yard requirement is necessary because due to the shape of the leased property and the existing parking lot requirements of the shopping center, no other location of the ATM facility is possible. As set forth in the drawings submitted with this application, the outside wall of the proposed facility would be only 8' from the northern boundary of the shopping center property. However, the property line does not extend to the edge of the Eastex Freeway access road. Even after construction of the proposed facility, approximately 20' of grass would remain between the facility and the edge of the road. Therefore, the spirit of the ordinance requiring a front yard at least 20' wide would not be violated. TCB has been assured that the proposed facility would not, in the opinion of the City of Beaumont Traffic Department, create a traffic hazard. Moreover, TCB believes that there is considerable nsiderable demand in the general area for a convenient ATM facility. Therefore, the public interest will be enhanced by the installation of the proposed facility. TCB appreciates the Board's careful consideration of this application. Furthermore, TCB respectfully requests that upon the Board's review of the application along with the drawings and other explanatory documents filed with the application, that the variance be granted. TCB and City of Beaumont -Board of Adjustment May 15, 1995 Page 2 its representatives look forward to discussing this matter in greater detail at the hearing. if additional information is necessary prior to the hearing, please contact the undersigned. Sincerely yours, TEXAS COMWIERCE BANK NATIONAL ASSOCIATION By: -21 Debra Landry, Assistant Vice -President AppLICANVS RESPONSE iQONDITION A Applicant respectfully submits that the granting of the requested variance will actually be beneficial to the public interest, as opposed to contrary to it. The placement of an Automatic Teller Machine ("ATM") at the proposed location will provide consumers who frequent the area with an accessible facility for the withdrawal or deposit of cash. Currently, the availability of quality ATM facilities in the general area surrounding the proposed location is severely limited. Furthermore, while it is impossible to totally eliminate risk, the proposed location is bordered by. a lighted parking lot on three sides, and the Eastex Freeway feeder road on I one side, therefore providing a relatively safe ATM facility for consumers. According to the City of Beaumont's traffic engineers, the construction of an ATM at the proposed location would not create a traffic hazard for either travelers along the feeder road, or patrons of the shopping center in the parking lot. Therefore, for the reasons set forth above,' the requested variance should actually advance the public interest as opposed to being contrary, to it. CONDITIO Several factors relating to the proposed location contribute to unnecessary hardship which would result from literal enforcement of the ordinance in question. The physical shape of the property combined with the parking requirements of the shopping center leave the proposed site plan as the only practical location for the ATM machine. To accommodate traffic in the parking lot, the 20' two-lane driveway along the south of the proposed site must be unobstructed. A 3' wide island, or median, must be constructed to separate parking lot traffic from ATM customer traffic. Finally, the ATM facility will be about 9' 4" long and 4' 3" deep. Therefore, under these circumstances, the maximum distance from the northern edge of the facility to the northern boundary of the shopping center property is 8'. The requested variance maintains the spirit of the' relevant ordinance. Although the outside wall of the ATM facility will lie about 8' from the property line, the property line in question lies approximately 12' from the southern edge of the Eastex Freeway access road. Therefore, after construction of the proposed facility, a "front yard" of approximately 20' would still be present, even though the distance from the facility to the property line is only 8,'. Because the proposed facility is small, and since a nearly 20' wide grassy area would continue to exist after construction, the granting of the requested variance would not violate the spirit of the ordinance. B Ll El client; F]FAffmf Desmp,noN OF SERVI"S. Cucawiv 2s#x loo, 4ract uqj of asm acre tract SURVEYOR'S CERIISCATE: dk( blis is gn AW&*c &L oft sw?oy -*do on jb6 St —A, miw OV -p=AII-,4 I dq booby vet, to tho bag afasy k*Mofta sad b . WA ArA *w v4kk axro"a*046 " 4)r 14 J" 4 1 mI rho &be-.v &-*a b*ivvg kcs" IK mmdj.#Z Aw 4vcvw &AKI. *Mb*fA6dMvtb6d" Rato vowedw In votwoc Pam_ 0( j4aEet2gcw County. Temm laOWY, aWo jiCUenM 4hQ'WAC. subjw a cb* a0dd AAw FIQ04 Irmuramm gWW-"'Vd.,W EMSaW Ma.WmaM AS Loomj;" on wAp W*A 4&WmioW by *Wo. Aav-i CW4 "t"Mloo rAt uAkm t*qucvbod. FA IV-, 40qg Pm wmmrA mw 4.&*ca-ba to " &=Wftay or OC40 or" nialL 77, 0---) 41-- Rp p;t0VjMjoN4kL LAM SLMV13YQR NO. 47132 04/25/95 15.48 TX/RX N10.0452 P.004 E far „ L IN WJNV��-W 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. UMV.-Yok-W, A) Granting the variance from 20' to 8' for the front yard will not be contrary to the public interest. The bank's contractor has designed the site for the ATM so that no traffic hazard will result from the construction of the 9'4" x 4'3"" structure. The plan was submitted to the traffic engineer and approved. The shopping center will lose about 10 parking spaces due to the ATM, new concrete island to channel ATM traffic, and curbing. The shopping center's owner has agreed to the ATM site. The structure will lie at the very front of the shopping center and will not adversely affect internal movement of cars in the lot. This ATM is designed so that customers can withdraw cash and make deposits without leaving the vehicle, an added security bonus. The site has been approved by Office of the Comptroller of the Currency. B) According to the applicant the chosen site of the ATM is the only practical location due to the existing parking lots, access driveways and internal circulation of cars. The actual site to be leased from the shopping center is only 25' x 100'. Literal enforcement of the 20,'setback would create an unnecessary hardship because of the physical conditions relating to the existing parking lots and driveways at the shopping center. The location also reduces the existing parking spaces in the center to a minimum. C) By granting the variance, the spirit of the ordinance will be observed. The actual physical separation between the structure and the curb of the service road scales 23', using the site plan submitted. GENERAL 1NFQRMMT�10N UBLIC UTILITIES APPLICANT: Texas Commerce Bank - National Association LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Freeway -commercial EAST: Freeway -commercial SOUTH: Freeway -shopping center WEST., D�owlen-commercial COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: In front of 5845 Eastex Freeway (K-Mart Shopping Center) GC -MD (General Commercial -Multiple Family Dwelling) District 0.057 acres (2,500 sq. ft.) Parking lot "C" - minimal hazard A% U W9181 Z I bi I e Lei VA#J Z 9 M GC -MD (General Commerciai-Multiple Family Dwelling) District GC -MD GC -MD GC -MD Regional Center on Activity Corridor Q Eastex Freeway (U. S. Hwys. 69, 96 & 287). The right-of-way width of the freeway varies. It is approximately 330' wide at this point. The subject tract fronts on the south bound service road. DRAINAGE: There are 18" storm sewers lying in the highway right-of-way. WATER: There is a 16" water line inside the right- of-way. GENERAL INFORMATION/PUBLIC UTILMES continued SANITARY SEWER SERVICE: There is an 8" sanitary sewer in the right- of-way. Fire protection is provided by Station #8, 6297 Highway 10'5 at Lampman. ADEQUACY OF SERVICE: Utilities and services are adequate.