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HomeMy WebLinkAbout351-BAd6 J �tG TO: rRUGINA 11,4 ail —J of,14 PAv('' Date: February 24, 1992 3- /Y) Board of Adjustment Planning Division REQUESTED, Consider a request for a variance from special condition 30- AMON: 33 B.20.C., which requires a building setback of at least 20 feet from property lines if buildings are to be used for the storage of plastic and rubber material. *STAFF REPORT* STAFF RECOMMENDATION FILE#351-BA Staff recommends denial 'of the, request because appli, to show comp liance with the conditions of Section 30. 0 c which are: required fora variance. PROJECT INFORMATION 0 The applicant, Beaum has: purchased art 64P Avenue, situated, at t wide::un-named Street land lies adjacent :t.oS, ; An&"west... Access to 41",) Magpo li'a, y, : jua:ibe 9p( F&rest Street where i e I xt0nds to property lil east side of the buildi int has failed: 17E,3: a,b and: Ic owj�-"OA' L I A M s y 'T F t Warehouse, Inc,, R.F. Deshotel, -President, i g,tonerete warehous6'listed at 991 Laurel endof . Magnolia and: south of a 3046ot ghv-:of-way. This irregular shaped tract of *ern Pacific Railroad property on the south, e 1.37 acre tract is from the south- end of .aurel Avenue. There is also,, access from brinihates: south of Laurel. The warehouse on thr I ee sides. A loading area lies on the the, zoning ordinance, an amendment which department, requires aspecial :cond,i66fi.:Jf Trial"" is to be stored: or warehoused. The. is follows-, FILF #351-BA Page 2 FH-E #351-BA Page 3 n, LF #351-BA !UK Page 4 u note paved, a spur �ntaia�s:`' Mi li #351-BA Page 5 GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS Laurel Avenue, major arterial, 60 foot right-of-way, 47 foot concrete pavement;'Magnolia Avenue„ 65 foot right-of-way, 24 foot at Laurel; Forrest Street, 70 foot right-of-way,.20 foot pavement. DRAINAGE There is a 36 inch storm sewer'in Laurel and a 36 inch in Forrest, 'Remainder of drainage is surface, WATER There is a 6 inchlino in Laurel on the north side, a 12 inch in Magnolia at Laurel and; an & inch in Forrest serving the subject warehouse. SANITARY' SEWER SERVICE There is a 12 inch sanitary sewer in .Magnolia at :Laurel > and a 12 inch line in Forrest' Street. FIRE PROTECTION Fire protection is provided by Station #1, 747 College. ADEQUACY Services are adequate . OF SERVICE I-ILF #351-13A REQUIRE, MENTS FOR A VARIANCE Page 6 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: COND LTION 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 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. CONDITI : That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. ANALYSIS 0 Condition A: Aside from stating in his application that his request... will in no way be contrary to public interest", applicant did not address this issue. It is the staff opinion that granting the variance will be contrary to the public's interest. Plastic and rubber fires are extremely hot burning, emit poisonous gases 'while on fire and cannot be extinguished using normal fire fighting methods. Most of 'these fires are allowed to burn themselves out. 0 Condition B: The applicant does not address the issue of unnecessary hardship nor any situation that relates to the physical conditions of the property itself. He does not present any facts regarding the need or lack of need of a minimum building setback concerning the special condition (Section 30-33 B.20c.) of the Zoning Ordinance. He does not show evidence of total compliance with Section 10-27 of MY #351-BA GENERAL INFORMATION/PUBLIC UTILITIES continued Page 7 the fire prevention code which regulates the storage of plastic and rubber material. Applicant fails to meet or comply with this condition. The subject tract is not unusual in shape or topography. The tract is 1,37 acres in size and far exceeds the 10,000 square feet minimum. The warehouse was constructed on or near property lines, similar to other existing old warehouse structures. Building setbacks forcommercial buildings were not adopted by the city until 1981. This request is being made for economic reasons only. The applicant was made aware of the ordinance requirements some time ago. 0. Condition C: The applicant's letter states that the existing warehouse structure is constructed of concrete, including the walls and roof. He shows that there is vacant, open space lying south and west of the building. He also states that the warehouse is monitored by ADT. Security Systems for fire and burglary protection. He recently installed a sprinkler system in the warehouse. The warehouse, zoned HI, can be used for the storage of many products. The special condition only addresses a setback and other requirements for the storage of plastic and rubber material. The size of the tract (1.37 acres) and the height of the building (20 ft.) meet conditions a. and b. of'the special condition. However, item c. (20 ft. minimum setback) and item d. (compliance with Section 10-27, Fire Protection Code) are not shown to be in compliance with the required conditions. These new, special conditions were adopted by the City Council in 1989 to increase fire protection. The zoning ordinance and the fire code were amended at the same time. Increased fire protection measures in the city lead to lower insurance rates and to greater safety to persons and structures. The applicant has failed to demonstrate how a variance will result in keeping within the spirit of the ordinance or that granting of the variance will show that justice to all will be accomplished. * * * * On February 26, 1992, Mr. Deshotel submitted another letter to the staff, further explaining his proposal. In the letter, enclosed herein, he speculates that he can obtain certain 20 feet property leases from property FELE #351-BA GENERAL INFORMA'nON/PUBLIC UTILITIES continued Page 8 owners to his west and south. Even if he were able to obtain these leases, he still cannot meet the setback requirement on the north property line along the entire length of the warehouse. Thus, even if successful in acquiring land leases at some time in the future, he will not comply with the special condition of Section 30'33 B.20.(c). * * * * The Fire Marshal, JV0 iack Maddox, wh ut of town, called our office sTo on Tuesday, February 25, 1992, to inform us of the compliance or lack of same to Fire Code Section 10-27, Storage of plastic and rubber material, regarding the warehouse structure. He stated that the structural requirements, such as approved NFPA sprinkler systems, approved fire alarm systems, fire wall separations and smoke partitions can be physically complied with. However, the fire marshal is opposed to this request for several reasons. First, the applicant cannot meet condition (1) of Section 10-27 which requires that the building site meet all zoning requirements, i.e., the 20 feet setback clause of the special condition, Section 30-33 B.20C. The marshal explained that a plastic or rubber material fire cannot be put out. The material, when on fire, releases poison gases which can cause great harm to fire fighters. The material "crusts over" when water is applied, thus seating off water and allowing the fire to continue to burn. Fire fighters must stay downwind from 1/4 to 1/2 mile from such a fire, according to our marshal. Prior to the 1989 code changes, which allowed the storage of the subject material, plastic and rubber in pellet form was not allowed inside the city limits. For various reasons, City Council changed the code to allow storage inside the city, but only if certain conditions can be met. The applicant has not met the conditions. The staff will recommend denial. H,LF, #351-BA PUBLIC NOTIFICATION Notices Mailed to Property Owners: 7 Responses in Favor . Responses in Opposition Page 9 CITY OF BEAUMONT BEAUMONT, TEXAS * NOTICE OF PUBLIC HEARING A PUBLIC HEARING WILL BE HELD BY THE BOARD OF ADJUSTMENT OF THE CITY OF BEAUMONT ON: DATE: March 5, 1992 TIME: 2:00 P.M. PLACE: CITY COUNCIL CHAMBERS, 801 MAIN STREET TO CONSIDER THE FOLLOWING: A request for a variance from a special condition of the zoning ordinance (Sec. 30-33 B.20•C•) which requires a building setback of 20 feet from any property line if said building is for the storage of "plastic and rubber material" as defined in the fire code. Subject warehouse lacks this setback on three sides. (Planning Division File 351-BA)• FILED BY: Beaumont Warehouse, Inc., R.F. Deshotel, President. LOCATION OF PROPERTY: 991 Laurel, lying at the foot of Magnolia and Forrest Streets. ON PROPERTY DESCRIBED AS FOLLOWS: Being an irregular shaped tract of land out of the Southern Pacific Railroad property, said tract lying north of and adjacent to the T. and N.O. Railroad line, south of and adjacent to a 30 foot wide street right-of-way and known as Tract 43, Tax Plat "Ell, Noah Tevis Survey, containing 1.37 acres of land, more or less. THE MEETING IS OPEN TO THE PUBLIC, Milton Bell, CHAIRMAN BOARD OF ADJUSTMENT PUBLICATION• February 23, 1992 (Sunday) VA-- IANCE ARPL1CA,TiC7 ,,. *0 M.,r{ � The Board of Adjustment has the power to grant variances wh e the following listed conditions have been met. indicate how your applica me A AW� f these conditions in the space following each condition. (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. THE DECISION TO GRAM' A VARIANCE IN MY BEHALF, WILL IN NO WAY BE CONTRARY TO PUBLIC INTEREST. CONDITION B: That literal enforcement of the ordinance will result in un- necessary 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. DUE TO THE FACTS THAT THERE IS ABSOLUTELY NO ACTIVITY IN 'THE IMEDIATE VICINITY OF, OR NOR IS THERE ANY NEW ADDITIONS IN PROGRESS, IT APPEARS THAT BY A FAVORABLE DECISION OF VARIANCE, WILL IN NO WAY CREATE ANY INCONVENIENCES TO THE PUBLIC SUCH AS NARROWNESS, SHALLOWNESS, HARDSHIPS OR DANGER TO THE PUBLIC. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. I FEEL THAT BY A GRANTING OF VARIANCE, JUSTICE WILL SURELY BE DONE. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. I Applicant's signature: Date: 02/14J92_ BEAUMONT WAREHOUSE & TRANSPORTATION P. 0. BOX 20977 BEAUMONT, TEXAS 77720-0977 (409) 832-5859 6 FAX (409) 832-3566 TO: THE BOARD OF ADJUSTMENV CITY OF BEAUMONT I AM REQUESTING A VARIANCE FROM YOU IN ORDER TO EXPAND MY BUSINESS, AND TO ICETTER SERVE THE AREA CHEMICAL PLANTS- THE BOUNDARIES OF THE BUILDING ARE UNACCEPTABLE ACCORDING To CITY CODE, BECAUSE THE BUILDING IS ON THE PROPERTY LINES ON THE NORTH, SOUTH AND WEST SIDES. ON THE NORTH SIDETHERE ARE 30 Fr. BETWEEN THE WAREHOUSE AND TWO OTHER EXISTING BUILDINGS WHICH ARE PRESENTLY UNOCCUPIED. TO THE SOUTH, THERE IS A SET RAILROAD TRACKS ABOUT 50 FT. FROM THE WAREHOUSE. To THE WEST, THERE IS AN OLD ABANDONED CONCRErIE SLAB 100 Fr. FROM THE WAREHOUSE. THIS PROPERTY IS ZONED AS HEAVY INDUSTRIAL AND THE TYPE OF MATERIAL I WISH TO STORE (RUBBER AND PLASTICS) LISTS UNDER SUCH CLASSIFICATION AS "SPECIAL CONDITION." THE BUILDING IS CONSTRUCTED ON CON RETE FTMRS, WALLS, AND ROOF. Mg BUILDING IS MONITORED BY A.D.T. SECURITY SYSTEMS AGAINST FIRE AND BURGLARY. I FEELTHIS REQUEST FOR VARIANCE IS WITHIN REASON AND AM HOPING THAT SAID REQUEST' WILL BE GRANTED. SINCERELY, 19 E ME 0- 11�4 R. F. DESHOTEL, PRESIDENT LEE __ • "I'll a 16 • 0 4 9 P. O. BOX 20977 BEAUMONT, TEXAS 77720-0977 (409) 832-5859 • FAX (409) 832-3566 February 26, 1992 Board of Adjustment FEB 2 6 1992 Planning Division, Room 240 City Hall, 801 Main St. Beaumont, TX 77704 RE: Beaumont Warehouse, Inc. Application For Variance dated February 13, 1992 Gentlemen: We have requested a variance from the Zoning Ordinance requiring a twenty foot set -back for buildings used to store rubber and plastics. We request that the granting of the variance be conditioned upon our obtaining a lease from the fee owner of the twenty foot wide strips of land adjacent to the building on the west and south sides under the terms of which no building or other structure that would restrict fire fighting access to our building will be built on said twenty foot wide strips prior to the expiration of our sub -lease of the building from Sears, Roebuck & Company in 1996, In the event that we lease the building from the fee owner after the expiration of the Sears' lease, we would request that the variance remain in effect so long as, we are able to keep the lease of the adjacent twenty foot wide strips in force so as to insure that no building or other structure that would restrict fire fighting access to our building can be built within twenty feet of the building that we are using for storage of rubber and plastics so long as we are using it for that purpose. We meet the twenty foot set -back requirement on the east side of the property, and there is a city owned street right-of-way to the north of the property that is more than twenty feet in width. Accordingly, we believe that the spirit of this new ordinance will be met by these arrangements. Sincerely, BEAUMONT WAREHOUSE, INC. By: R. F. Deshotel, President RFD/kr - 174 _ . . • dlA I5 S4 `G 3L ltrra kvurrrwr� I � er BILE 351-HA. Request for a variance of Special NORTH .d'�oY CfinC Condition 30-33 B.20.(c). Beaumont Warehouse, Inc., A '" 991 Laurel (Foot of Magnolia) . SCALE 1 270 J0 w LIBERTY AVE. W I 2 r 8 V. wJ A K_ 0 c"! (� Z s me L i w SC 9C aj r LAUREL AVE. Cc 50 ,o- I PQ A �En{° ixij 360, ,t.' C r /' PROPERTY LINE ST'. ROW T +' i4 r v EXISTINfi WAREHOUSE ��� _� + .A • AND PROPERTY LINE 9,a6a �,w ty P v tp • ,P " y w t w • 9r 9 1 , E 8 %P r ap + "� � , o man