HomeMy WebLinkAbout342-BADate: March 28, 1990
TO: Board of Adjustment
FROM: Planning Division
REQUESTED A request from the R Corporation, Kenneth E. Ruddy,
ACTION: President, to consider a variance to the provisions of the
landscaping and screening regulations of Section 30-31 of the
Zoning Ordinance. Property is located at 3737 Eastex.
*STAFF REPORT*
STAFF RECOMMENDATION FILE #342-BA
FILE #342-BA Page 2
ITONTU "N.
FILE #342-BA Page 3
GEICRAi. MMRMAUON%PMUC. CT'i�LTtIIES'continued
STREETS (Cciiltifill
and 287) !and the right-af»way and
pavement' widtl s vary, Easter: i is
designated a freeway; in the Major
Street and High: flan element of .
the Co mprehensjve Ilan:
IRAIIGE
'There are 24 inch aril 18 inch storm
sewers jn the 'freeway riglt�o£ way
along the west side adjacent to the::'
subject properky.
FLOOD ZONE
This tracts located in, a " "flood
zone according to the FIRM and js an
area of minimal` flood'' risk. I.
WATER
There js an 8 inch water'line' on the
wcst. side bf thefreeway.
.
SANXTAR Y SEAR SER CE<vii
There Is an 8 ji ch sanitary:sewer line
the .west side cif the freeway,
FIRE PRC1`TLCT IbN
Fire protection is provided y Station
#4 Gladys. and i,ucas.`
A►bUAC
iJtjljty services are 'adequate to serve
4F Sj2ViCE
tkie! subject property.
FILE #342-BA Page 4
ANALYSIS
Page S
FILE #347-IIA Page G
PUBLIC NOTIRCATION
VARIANCE
• APPLICATION FO..
BEAUMONTj TEXAS
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. (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:
"ONDITION A: That the granting of the variance will not be contrary to the
public interest.
SEE ATTACHED
p--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.
SEE ATTACHED
i%CONDITION C: That by granting the variance, the spirit of the ordinance will
be observed and substantial justice will be done.
SEE ATTACHED
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.-..,
Applicant's signat
ate: 3/19/90
ATTACHMENT TO VARIANCE APPLICATION FORM
A. The variance requested will result in a more attractive and more
substantial fence unit than is required under the basic zoning
ordinance and for that reason should not be at all contrary to
the public interest and should be, in fact, more in the public
interest than the lesser wooden fence specifications called for
by the basic zoning ordinance.
B. The subject property is of a unique configuration in that it is
only approximately 1351,,.deep in depth and approximately 450, in
length. The intended use of the property will be for used car
and truck display and sale,6 purposes. Therefore, space is at a
premium. Since the property adjoins residential zoning, the
zoning ordinance calls for either a 30' buffer strip or a pri-
vacy fence. In utilizing the fence option, it is our hope to
construct as effective a security fence and as attractive an
appearance fence as is possible.
The configuration of the property is such that the 301 buffer
strip would constitute unnecessary hardship relating to proper
and adequate use of the property for display and sales purposes.
In addition/ the 30' buffer strip would not furnish a visual
obstruction nor an adequate security barrier between the
commercial property and the residential property. Hopefully
this variance can be granted just on the basis of the exceptional
11shallowness" as defined in condition B of the variance applica-
tion. However, our objective goes beyond just requesting the
variance for that reason because we would like to insure that we
are creating both a safe and an attractive screen between our
property and the adjacent property.
C. It is felt that our request for this variance supports the spirit
of the zoning ordinance in that the resulting construction will
be more substantial and more attractive than the lesser wooden
fence specifications called for in the ordinance.
J