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HomeMy WebLinkAbout363-BADATE- December 2, 1993 TO: Board of Adjustment FROM: Planning Division REQUESTED Consider an application for a Special Exception from ACTION: Section 30-30 of the City Codes to allow the reconstruction of a building which was occupied by a nonconforming use (book store) in an area zoned RM- H(Residential Multiple Family -,Highest Density District), as may be granted under the regulations of Section 30-37 E.2.(a). STAFF REPORT* FILE 363-BA Staff recommends that the Special Exception as requested be granted because the applicant has met all of the ordinance conditions and requirements. This proposal is in compliance with the Comprehensive Plan. Ebrahim Motiee, the new owner of the property located at the southwest corner of E. Virginia and University, purchased same with the intention of reopening a book store after renovation and remodeling of the existing structure. However, the building was totally infested by termites and he had to tear it down to the slab. The property was rezoned during the 1980's to a district which does not permit retail stores. He wishes to rebuild a book store on the site. A special exception may be granted to -reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot occupied by such building, provided that, the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. The exception must not adversely effect the value of adjacent properties, if granted, and will not be contrary to the public interest. Exhibits are attached. FILL, 363-BA IP 1500 P —•0 1 LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: SIZE OF PROPERTY: EXISTING LAND USES: SURROUNDING USES: NORTH: Residential EAST. Gray I-lall(Lamar U.) SOUTH: Apartments WEST: Residential COMPREHENSIVE PLAN: Page 2 Ebrahim Motiee Ebrahim Motiee 670-80 E. Virginia @ University Drive Lots 23 and 24, Block 3, LaSalle Addition, save and except that part conveyed to the City of Beaumont for street right-of-way. RIVE-H (Residential Multiple Family Dwelling -Highest Density District) X C (Minimal) B (Moderate) A (100 Year) Floodway 0.3 acres, more or less. Concrete slab, owner identification sign(Child's Book Store). SURROUNDING ZONING: RS(Residential Single Family Dwelling District) RM-H (Residential Multiple Family Dwelling -Highest Density District) RM-H RM-1-1 University District OTHER PHYSICAL Child's Book Store, this location FEATURES: recently torn down to the slab. FILE 363-BA GENERAL INFORMATION/PUBLIC UTILITIES continued. STREETS: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: ANALYSIS Page 3 E. Virginia,a collector with a 60' right-of-way and a 36' pavement. University Drive, a collector with an 80' right-of-way and two 24' concrete pavement. There is a 30" storm sewer lying in Virginia. There is a 6" water line in Virginia and an 8" line in University. There is a 6" sewer main in University. Fire protection is provided by Station #3, Kenneth @ Brockman. Services and public utilities are adequate. Subject property was originally zoned R-3(Modifted Two Family and Multiple Dwelling) in 1955. After the 1981 Zoning Ordinance was adopted, a series of public hearings were conducted by the city to remove the R-3 district. This area around the university was rezoned during the mid-1980's. The property south of Virginia in the neighborhood was "down zoned" to RM-H. Land north was changed to RS(Residential Single Family Dwelling District). Records indicate that there was a food store located at the corner of Virginia and University as late as 1963. This building was converted to Child's Book Store by 1964. The City acquired 30' of additional right-of-way from Lots 23 and 24, Block 3, LaSalle Addition, in 1974. This was part of the Capital Improvement Program to widen University and extend it south to Cardinal Drive. At the time of the taking, there was a frame residence situated on Lot 23. The book store continued to operate until just recently when it was sold in bankruptcy to Mr. Motice, our applicant. FILE 363-BA Page 4 Mr. Motice had plans to remodel the book store for the same use. However, he discovered the structure was infested with termites and he had his contractor demolish the building. Early in November 1993, he submitted building plans to the city and then found out that he had demolished a nonconforming use. He has requested the Special Exception in order to reconstruct the building. The new structure will contain 2,400 square feet and will be smaller than the original structure. As stated earlier, the applicant must show that after reconstruction the store could be returned to a conforming residential use. He must also demonstrate to the Board that his proposal will not adversely affect the value and use of adjacent or neighboring properties or be contrary to the public interest. The Comprehensive Plan of Beaumont shows the property inside the "University District" and the site is, in fact, located directly across the street from University buildings. There has been a book store or a grocery store on the site since at least the late 1950's. The Comprehensive Plan describes the university district as the area bounded by Lavaca, Martin Luther King Parkway, Highland and Florida. The school has actually outgrown these bounding streets since the plan was adopted in 1982. The policy in the plan goes on to say that..."in addition to the university, the district may include shopping facilities, recreational and entertainment facilities and higher density housing"'. The area is zoned for apartments. The lots are at the intersection of two collector streets. Staff concludes that the applicant has met the test necessary for granting of the special exception. The property can be returned to a conforming use, the book store will not adversely affect the value and use of adjacent or neighboring property and this action will be in the public's interest. Following is the applicant's response regarding the conditions necessary for the granting of the special condition. This is presented by Thomas J. Sibley, attorney for Mr. Motice. PUBLIC NOTIFICATION Notices mailed to property owners: 24 . Responses in Favor: _. Responses in Opposition: -. UNIVERSITY ALABAMA UNIVERSITY DR. z 22 111-50, 70TAL, i5,2-75.o sr - TAKEN: 3,52s,a sp REM; 11,7500 --fr RIGHT OF WAY SURVEY TV -,&CT NO-13 0J'T 0 F LOTS 23�2-4 , BLOCK 3 LASAU—E ADDITION 5CALE- for —2.0' AUGUST 30 1974 ;Zzv. i,:;:, it3--74 PREPARED BY G,ARROD � ASSOCI.47ES, INC. CITY OF BEAUMON-V CAPITAL MPROVEMENT PRC)GrRAM (I—S-r-07 BOARD OF ADJUSTMENT 'APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 30-37)' THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) Appeal )Variance Special Exception f q O'c"- '701, Complete the appropriate supplemental application form depending on which box is checked and include it with yogr application. APPLICANT'S NAME: Ebrahim Motiee APPLICANT'S ADDRESS AND PHONE NUMBER: 4637 Callaghan; Beaumont, TX 77705 NAME OF OWNER: Ebrahim Motiee ADDRESS OFOWNER: 4637 Callaghan; Beaumont, TX 77705 LOCATION OF PROPERTY:. 6,70 W. Virginia; Beaumont, T'X LOT NO. 23 and 24 SAVE AND EXCEPT OR portion conveyed to the City of Beaumont BLOCK NO. 3 ADDITION LASALLE Addition to the City of Beaumont, Vol. 3, Page 47, Map Records'. IqUMBER OF ACRES - 3 TRACT in Judgment, Vol. 1970, Page 251, Dee PLAT Record SURVEY - NUMBER OF ACRES For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties, proposed to be changed, and a complete legal field note description. SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST. SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESSORY STRUCTURES. ATTACH ADDITIONAL. MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE. A PROCESSING FEE OF $200.00 MUST ACCOMPANY THIS APPLICATION. PLEASE NOTE: THE DISTRICI* COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: 363131 DATE RECEIVED: 11-12,13 ---RECEIPT NUMBER: F 10 DAYS TO APPEAL A DECISION OF THE BOARD IN PLANNING DIVISION, ROOM 210 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409)880-3764 SPECIAL EXCEPTION SUPPLEMENTAL APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 30-37 F-2.) 1. INDICATE WHICH SPECIAL EXCEPTION IS BEING REQUESTED: (a.) X To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (b. 1) An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations. (b.2) - A yard exception on corner lots. (b.3) An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. (b.4) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regulation. (b.5) An exception from a minimum interior side yard setback requirement for owner identifications signs for existing businesses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign, building, or outdoor display area. (b.6) An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance. (c.)- To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. (d-)_ To grant an exception for ten (10) additional feet in height for an advertising sign, when in the Board's judgement, the sign at a lower height will block an existing sign or structure from view or itself be blocked from view. 2. SUBMIT A LETTER EXPLAINING WHY THE GRANTING OF THIS SPECIAL EXCEPTION BY THE BOARD OF ADJUSTMENT WILL NOT ADVERSELY AFFECT '11-� USE OF ADJACENT OR NEIGHBORING PROPERTIES R BE Ty ` ""ALT I_:, 1 %..0 J. v jr" AN T I n CONTRARY TO THE PUBLIC INTEREST_-Tbg applicant has the burden of proof. APPLICANT'S SIGNATURE. TE: // Azz Ag-3 THOMAS J. SIB,LEY. P.G. ATTORNEYS AT LAW P. 0. BOX 31 -45 BiEAUMONT, TEXAS 77704 304 PEARL STREET THIRD FLOOR THOMAS J. SIBLEY BOARD CERTIFIED COMMERCIAL. FARM.., AND RANCH & RESIDENTIAL REAL ESTATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION! ALSO LICENSED IN LOUISIANA City of Beaumont Planning Division, Room 210 City Ball, 801 Main Street P. 0. Box 3527 Beaumont, TX 77704 RE: Ebrahim Motiee Our File No. 3395-01 Gentlemen: TELEPHONE: (409) 835-9944 TELECOPVER: (409) 838-4741 November 12, 1993 I have been retained by Ebrahim Motiee to assist him in connection with his application to you for a Special Exception to which this Letter is attached. Mr. Motiee is the owner of the Kampus Korner bookstore, adjacent to Lamar University, located at 4637 Callaghan, Beaumont, Texas. On July 6th of this year, Mr. Motiee purchased the subject property at 670 W. Virginia for the sum of $25,000�. The property has improvements on it which had been occupied by Child's Bookstore. Several months prior to that date it went .into bankruptcy. Mr. Motiee purchased the property with the intent of reopening the bookstore after renovation and, remodeling of the structure. He immediately began to make repairs and discovered that the structure was in such poor condition that it was unsafe. It was practically destroyed by active termite infestation. Mr. Motiee determined that it would be much more economical to demolish the existing structure to the slab and to rebuild same on the existing slab. Mr. Motiee engaged a contractor who drew up plans, copies of which are attached, and went to the City to obtain approval. Initial approval was given; however, Mr. Motiee was told that he had to obtain approval from Planning and Zoning due to the fact that the previous existing structure was a nonconforming use. It is my understanding that the property was rezoned from R3 to RMH at the time that the City eliminated the R3 zoning. Specifically, Section 30-30, sub part 8, provides that when a building or structure is occupied or used by a nonconforming commercial use that became noncomforming since April 1, 1951, or when a nonconforming industrial use is damaged by fire, explosion, act of God, or other calamity to the extent that the cost or CITY LTR Page 2 November 12, 1993 reconstruction exceeds sixty (60%) per cent of the replacement cost of the structure, such nonconforming use shall no longer be permitted; however, Section 30--37 E (2)(a) of the Code provides that the Board of Adjustment shall have the power to hear and decide Special Exceptions and defines that term to mean, a deviation from the requirements of the Zoning Ordinance... which may be granted if the Board finds that the Special Exception will not adversely affect the use of adjacent property or be contrary to the best public interest. The Board may then permit the property owner to reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the property from returning to a conforming use. In this instance, the proposed building for the bookstore will be slightly smaller than the previous building and will be built on the existing slab of the previous building. The plans previously submitted to the City for approval have been slightly modified to include plumbing rough in for a shower/tub in the bathroom and kitchen facilities. If at any time the property ceases to be used as nonconforming use the reconstruction will not prevent the return of the property to a conforming use. The grant of the Special Exception will permit the new building which will increase the market value of the property and will have no adverse effect on the use of neighboring or adjacent property and will, in fact, increase their value. Further, it is submitted that the granting of this Special Exception is not contrary to the best public interest. In. this connection, I am attaching a letter from Lamar University reflecting that Mr. Motiee in a good neighbor and that his Callaghan Street bookstore is an improvement to property in the Lamar area. I will be pleased to present additional evidence at a hearing should you desire. Yours very truly, eb Thomas J. Sibley cc: Mr. Ebrahim Motiee APPROVED this /,2, day of WS LAMAR UNIVERSITY The State -Supported University In Southeast Texas September 7, 1993 Mr. and Mrs. Motiee Ebrhim Hampus Korner 4637 Callaghan Beaumont, TX 77705 Dear Mr. and Mrs. Ebrhim; Your recent renovation of the facade of the Kampus Korner Restaurant and Bookstore is how concerned, responsible citizens can beautify their property. It is tastefully done and the color scheme definitely compliments Lamar University -Beaumont. Thank you for being such a good neighbor. Please know that Lamar University -Beaumont appreciates both of you. Sincerely, J 7 .Ear I Brick ouse� Executive Director for Public Affairs Executive Director for Public Affairs