HomeMy WebLinkAbout373-BADATE: March 2, 1995
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: A request for two variances from Section 30-25 B. 1., as allowed by Section
30-37 E. 3.; one for an exterior (corner lot) side yard building setback and
another for a rear yard building setback.
FILE: 373-BA
STAFF REPORT
The Planning Director recommends approval of the exterior side yard and the rear
yard variances as shown on the site plans as submitted with the application because
the request has met the test of Conditions A, B, and C as required by Section 30-37
E. 3.
Bethlehem Lutheran Church at 777 N. Fourth plans to make major additions to the
church. The original building on the site at Fourth and Hazel was completed around
1930. During the 1960's the present sanctuary and office building was constructed
at Fourth and North. The proposed plans call for a new entry to join the two church
buildings and to build classrooms at the rear or west of the front of the church.
The church owns over an acre of land in Block 27 of the Averill Second Addition.
The block (12 lots) is bound by Fourth and Fifth and North and Hazel. The 50'wide
lots face north and south. The church owns 4-1/2 lots facing North Street and 1-1/2
lots facing Hazel. The planned classrooms - a 36' x 70' addition - is now a grassed
lawn area and sidewalk. To the rear of this is an asphalt parking lot with dimensions
of 75' x 150'. This lot has spaces for 26 autos with access from North Street.
At the front of the church, the closest present setback to the property line is 6.15
feet. Because of Fire Code requirements concerning the new construction in front
of the church (exterior side yard), the building will be extended east toward the
property line to a point three feet from the line. The second variance concerns the
classroom structure which will leave a 6' 3" rear yard setback.
The structures on the remaining lots in the block include a large two-story frame
residence and accessory buildings at North Street and Fifth, a two-story tri-plea at
Fifth and Hazel, a two-story duplex and a two-story single family dwelling on Hazel.
All of the residences were originally single family. There were no city code
requirements for yards/setbacks when the structures were constructed. Many of them
in this block and in the surrounding blocks do not meet current setback regulations.
STAFF REPORT continued
The RCR district requires a minimum exterior side yard of 10 ft. (corner lot) and a
minimum rear yard of 25 feet. The RCR was imposed on the Old Town area as a
result of a rezoning study and hearings held in 1989.
This site is also located within the Oaks Historic District, established by ordinance in
1993. The church additions will need to be reviewed by the HLC for the purpose of
receiving a certificate of appropriateness.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices Mailed to Property Owners: 22*
Responses in Favor: Responses in Opposition:
* Representing 13 owners.
Architectural Alliance, Incorporated
6654 Phelan Blvd. Beaumont, Tx 77706 409/866.7196 Fax 409/866,1745
February 13, 1995
Mr. Steve Richardson
City of Beaumont
P.0, Box 3827
Beaumont, Texas 77704
RE: Bethlehem Lutheran Church
Dear Mr. Richardson:
We are transmitting, herewith, the completed Board of Adjustment Application Form for
Bethlehem Lutheran Church. Included with the form are ten (10) copies of the survey, site
plan, and perspective for your use.
We are requesting two variances from the Zoning Regulation regarding rear and exterior side
yard set -backs. The church plans to construct a new major Entry/Narthex to connect existing
facilities and define the church within the neighborhood. The Standard Building Code requires
numerous fire wall treatments which become evident in the new wall construction at the entry.
A side set -back variance of 3"-1 1/4" will permit the construction of the new Entry/Narthex.
Similar set -backs are noted in the neighborhood and this variance would not distract from,
surrounding properties.
A second variance request is to reduce the rear set -back to 6-3 1/2" for the construction of a
New Classroom Building, The variance will permit new corridors to align, will maintain the
existing paved parking, and will create a protected children's play area. The new construction,
for the Classroom Building will be scaled low and will not compete with adjacent properties.
We appreciate your assistance in granting this variance request. Please feel free to contact
our office should: you have any additional questions.
With kindest regards,
ARCHITE AL LIANCE, INC.
to ( -
Rob Cl. I
ob Clark, A A.
ob
cc: J.T. Beckman
Charles H. Thompson, A.I.A,, Chairman 0 Paul N. Hoy, A.I.A. President 0 J. Rob Clark, A.I.A. Vsce President
373—BA: Request for a variance to exterior side and rear
yard building setbacks.
Location; 777 N. Fourth St., RCR District, Oaks Historic
District
Applicant: Bethlehem Lutheran Church
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VARLANCE SUPPLEMENTAL APPLICA`110N FORM
BEAUMONT, TEXAS
(CODES SECMON 30-37 F-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. 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:
CONDMON k- That the granting of the variance will not be contrary to the public interest.
The requested variance to permit construction of a New Entry -Narthex, and New
Classroom Building will not affect continuity in the surrounding neighborhood.
The proposed new entry will clearly define the total facility as a church.
The New Classroom Building will be low -scale along the side property line.
CONDMON 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.
The current ordinance restricts the church from tieing existing building lines
with new construction to create the entry. A 6.2' SUityard set -back variance
will allow for construction of the New Classroom Building and formation of a
protected children's playground courtyard while maintaining all existing paved
parking.
CONDMON Q That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
Set back dimensions in the surrounding neighborhood vary with most properties in
non-compliance with existing ordinances. In general, the Owner's requested
variances are,compatible with adjacent properties. The new design includes
required firewalls, parapets, fire doors, etc. to bring the facilities into
compliance with the Standard Building Code. Code compliance was a major
determining factor in the design of the New Entry -Narthex.
H: ki M " I � 241111
IN
Applicant's signature: Date: I
7 77
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.
FIRKI-3-MR,
A) These two variances, if granted, will not be contrary to the public interest, This area
contains many old structures with mixed residential, institutional, historical and
commercial land uses. The Comprehensive Plan shows "Old Town" as an area of
Conservation and Revitalization. The church, established many years ago, wishes to
conserve its heritage and revitalize the physical plant. The additions are to meet fire
codes and to enhance church facilities for the membership. The proposals will
provide the public and the neighborhood with a handsome product which will do
credit to all concerned.
B) The church property is L-shaped with a physical front along N. Fourth Street, but
made up of six 50'x 140'lots which face north and south. The alley in the block was
abandoned in 1928. The only vacant land in the block is the parking lot and lawn
area which is owned by the Lutheran Church. Many of the existing structures in the
area do not meet current setback regulations regarding yards.
The current two buildings on 4th are separated by a concrete walk which extends
west to the parking lot. The new construction in front will join the two structures and
the classrooms will extend toward the rear. The classrooms are designed along the
north lot line of the platted lots which front along North Street. This arrangement
will allow the church to preserve a small grassy area for the children and also to keep
the small 24 car parking lot. The side of the new 1-story classroom building lies
adjacent to the rear of the lots which face Hazel.
The Narthex or new entry to the church requires a particular kind of rated fire wall
to meet fire code. That combined with the existing 6' setback results in the need to
extend the building eastward by 3 feet. These are the two brick wall protrusions
shown on the site plans. The proposed architectural plans for construction address
the real life demands of the property itself. To deny the church the variances would
create a serious hardship.
C) The spirit of the ordinance will be observed and justice will be done by granting the
variances. This application has been shown above as being in the interest of the
public as well as beneficial to the neighborhood and to the "told Town" area known
as the Oaks historic District. The church wishes and needs to expand the institution
for their members, while preserving the small parking lot and some of the children's
protected play area. Building and fire codes and the lack of any other vacant land
abutting the church make the proposed plans a necessity.
LOCATION:
LEGAL DESCRIPTION:
EXISTING ZONING:
V'ROP a :SIZE:
EXISTING LAND USiES:
FLOOD HAZARD -ZONE:
SURROUNDING LAND USES:
NORTH: Residences, apartments &
vacant lot
LAST: Storage and offices &
"Carriage House" for
Mamie Mcl addin Ward House
SOUTH: Residences, mortuary parking lot
WEST: Residences and apartments
Bethlehem Lutheran Church
Bethlehem Lutheran Church
777 N. 4th St. between North and Hazel
Lots 1, 2, 3, 4, E. 1/2 L 5, E. 1/2 L 11 and
L 12, Block 27, Averill Second Addition
RCR (Residential Conservation and
Revitalization) District
1.034 acres, t
Church
"C" - minimal hazard
SURROUNDING ZONING:
RS (Residential Single Family Dwelling)
District
RCR (Residential Conservation and Revitalization)
District
RCR
RCR
j GENERAL INFORMATIONNUBLIC UTILITIES continued
continued
COMPREHENSIVE PLAN: Conservation and Revitalization
OTHER PHYSICAL
FEATURES: None
STREETS: Hazel, North and Fourth surround the
church. These are residential streets.
Heavy traffic along North and Fourth. All
three streets have 60' rights -of -way.
Sidewalks are provided. The present
church buildings lie from 17 to 20 ft. west
of the curb along 4th Street and 6-9 ft.
from the exterior lot property lines.
DRAINAGE: There is a storm sewer in Hazel. Culverts
in 4th Street.
WATER: There are water lines in all the
surrounding streets.
SERVICE: There is a sanitary sewer shown on city
maps that extends east -to -west along an
casement in the abandoned alley in Block
27.
FIRE PROTECTION: Fire protection is provided by Station #7,
1700 McFaddin.
ADEQUACY
OF SERVICE: Services and utilities are adequate.
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