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HomeMy WebLinkAbout352-BADate: August 20, 1992 TO: Board of Adjustment FROM: Planning Division REQUESTED Request for a variance as permitted under Sec. 30-37 E,3 ACTION: from landscape regulations of Sec. 30-31, Code of Ordinances (Landscaping & Screening Requirements). *STAFF REPORT* STAFF RECOMMENDATION FnE#352-BA F E #352-IAA page 2 FU E #352-BA Mage F #352-13A Page 4 FILE #352-BA The Board of Adjustment is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all the following conditions have been met: 4 Page 5 CONDITION A: . That the granting of a 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 exceptionai 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. &I MITMIMul The applicant proposes to landscape his property in a manner that will not screen the automobiles from view of the public driving by on the IH-10 South surface road and Washington Boulevard. However, he proposes landscaping and trees which will exceed the number of trees and total landscaping required. All of the abutting property is zoned LI (Light Industrial). 0 Condition A: The applicant wishes to plant and install a hedge of dwarf youpon and indian hawthorne around the perimeter of the car dealership abutting streets with a maximum height of 18 inches. He proposes oversized trees at the driveway entrances and 23 trees in a landscaped buffer along the back or east side of the tract. Twelve of these 23 will exceed the 2" caliper widths required. In addition, he plans to provide landscaped islands within the lot totaling 4,486 sq. ft. which wall amount to 10.2% landscaping inside the, lot. The regulation only requires 3,219 sq. ft. for 7.5% FILE #352,BA REQUIREMENTS FOR A VARIANCE continued landscaping because he will have 100 parking spaces. All of the trees inside the lot will exceed city size requirements. Landscaping along the street sidesw*ill total 10,091 square feet, in addition to the proposed 18" high hedges. Granting the variance will not be contrary to the public interest. 0 Condition B: This is an irregular -shaped tract of land. There is approximately 400' of frontage along the freeway but the tract is narrow, with about 100' of frontage along Washington and only 44' at the north end of the property. The applicant feels he will suffer unnecessary hardship if he is forced to screen his property from the street as required by Sec. 30- 31 C.3. He depends upon open display of his cars and drive - by observation by potential customers is important. Literal enforcement of the ordinance would impose a severe hardship on the applicant. 0 Condition C: The applicant proposes 34 trees and several larger trees and 14,577 sq. ft. of landscaping on his 1.047 acre tract. This exceeds the total minimum landscaping required by Sec. 30-31 for a parking lot containing 100 spaces. The applicant's site plan demonstrates that the spirit of the ordinance will be observed and substantial justice will be done if the variance is granted. LEGAL DESCRIMON OF SUBJECT' TRACT See attached survey and metes and bounds description furnished by and attached hereto. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 6 Responses in Favor . Responses in Opposition Page 6 �5- Z - &A DYNAMIC CARS, INC. P.O. Box 12467 Beaumont, TX 77726-2467 (409) 755-2919 FAX 755-2903 August 17, 1992 City of Beaumont Planning Division Beaumont, Texas Dear Sir\Madame: Please allow me to introduce myself, my name is Bruce Craig, owner of Dynamic Cars, Inc. I currently operate a used car dealership at 2375 Calder, along with several other enterprises in Beaumont. As a businessman I have deep concern for the community's image. I am proud to see that Beaumont city leaders share that concern as evidenced by the drafting of our new city ordinance regarding landscaping of new businesses.I agree totally with the intent of the ordinance namely to beautify Beaumont. I currently propose construction of another used car dealership at the northeast corner of Washington Blvd. and the IH-10 access road south of Sam s. our new dealership will create a minimum of fifteen new jobs. e0fd My plans are to have the finest looking dealership in Beaumont. As you can see by'the attached "revised" site plan, we have far exceeded city requirements in landscaping. As a point of reference our neighbor dealership, Mike Smith Auto Plaza, installed an $11,000 landscape. our design will be in the $25,000 to $30,000 range. In our plan however, there has been one point of contention, that being the requirement in the city ordinance calling for a hedge or berm 3 feet high and a tree every 25 feet around the perimeter of any parking lot. %J . I (>I'+, ,F4 a(F is While I feel this ordinance is appropriate for parking lots, it certainly would not seem reasonable for car dealership. National survey show "high visibility" a must in our business. This issue is why we are requesting variance on this ordinance. We ask you to reconsider this fairness of asking us to be the only dealership in Beaumont, perhaps even the only dealership in Texas, that would be required to hide their inventory from the public. our asking for special attention in this matter is no effort to side step city ordinance. To the contrary, we would be keeping within the intent of the ordinance, namely to beautify Beaumont while cultivating business. in this way city leaders and businessmen work hand in hand for growth. As an alternative I would like to plant a hedge of Dwarf Youpon and Indian Hawthorne around the perimeter of our dealership with a maximum height of eighteen inches. We are currently negotiating on additional property in the area for a new car franchise, meaning more new jobs. The feasibility and success of these dealerships, as well as the one Ken Ruddy and others are proposing, hang in balance. our city calls for beauty and our business calls for visibility. Please allow this proposal alternative. Your earnest attention in this matter is greatly appreciated. Sincerely, 3"4' Cl- Bruce A. Craig President CENTURION P.O. Box Beaumont, Texas Phone (409)755-2919 1 Murray Duren, Sr. Planner City of Beaumont P 0 Box 3827 Beaumont, TX 77704 409/880-3764 . .Dear Mr. Duren, CAPITAL 12467 77726-2467 ax (409)755-2903 August 20, 1992 Per your request we are happy information in regard to our proposed and Interstate 10. .. AR a�.nnrr��r�c ®ivos��r� E2[C AUG 2 p 1992 to furnish the following car dealership at Washington Ordinance 30 - 31, Section C-1, calls for landscaping of open areas for off street parking to equal 7.5 percent of the paved parking area. (For lots with capacity of 76 - 1.50 cars. Our proposed lot has 100 spaces.) Our plan calls for: 4920 square feet of parking area. This size lot would require a minimum of 3,219 square feet of landscaping to conform to City Ordinance. We propose to install 4.486 square feet on our property for a ratio of 10.2 percent, which exceeds the city requirement. An additional 10,091 square feet of grass and shrubs are proposed on the state R.O.W. on the West side of our property along the I-10 access road. These areas total 4 577 square feet or 311 percent of the paved parking, thus far exceeding the city requirement. Ordinance 30 - 31, Section C-21 calls for minimum of one tree per 250 square feet of landscaping. To conform to code with 4,.486 square feet of landscape area on our property. We would need to plant a minimum of 18 trees 2" in caliper x 6' in height. We, however intend to plant 34 trees , once again exceeding the.city requirement by 90 percent. In addition 20 of the 34 trees will substantially exceed minimum size requirements of the Ordinance. Ordinance 30 - 31, Section C-3, calls for perimeter planting of a tree every twenty-five feet and a hedge with a minimum of three feet in height. As explained in our correspondence dated August 17, 1992) Our following this requirement to the letter, would virtually put us out of business do to lack of visual display. In keeping with the spirit of the Ordinance, namely to beautify Beaumont, we would be glad to plant the specified Aedge with a height not exceeding 181f. (See sight plan perimeter area marked green.) Also we propose that no trees would be planted along the perimeter that borders the R.O.W.'s. However, our east property line that borders the County Drainage Ditch would be planted with a tree every 15 feet, once again exceeding city code. I have marked location of trees on the attached reduced site plan with an X. Trees that exceed city size standards are marked X with a circle around it. The area where we want to reduce the height of the hedge to 1811 is marked in green. We hope this additional information is helpful. If we can be of further assistance please feel free to call. Respectfully, ki• rw'e Edward A. McKinney