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Home My WebLink About520-BADATE: June 3, 2004 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the minimum rear yard setback from 5' to V for a new commercial building and a special exception to the parking requirements from 122to 105 spaces FILE: 520-BA STAFF REPORT Cowboy Honda is requesting a variance to the rear yard setback and a special exception to the parking requirement for anew building to be built at 1280 IH- 10 South, The applicant states that because of the irregular shape and limited depth of the property, a V building setback is necessary to make allowances for landscaping, parking and site specific theme features that will display a variety of items such as motorcycles, all terrain vehicles, personal watercraft and generators. The subject property backs up to Hillebrandt Bayou which is 150' wide. Ll (Light Industrial) zoning runs to the centerline of the bayou. The applicant also states that it has been determined by the City's Traffic Manager that 122 parking spaces would be required specifically for the Honda site. The warehouse that is being built as pail of the Honda facility will be shared with the Harley-Davidson dealership. Overall parking for the two dealerships, Peveto's paint shop and meeting facility will total 222 spaces. Of those parking spaces, 105 will be added with the construction of the Honda dealership. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval of a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 5 . Responses in Favor . Responses in Opposition arroll & lackman, nc. Kim Carroll, PE Norman Blackman, PE, RPIS Allen Sims, PE Tobyj. Davis, PE Micbelle MOW, PE Steve Boucher, JZPLS A,nalia Villarreal, PE Cody CroleY, PE 3120 Fannin Street I ) eaumont, Texas 77701 .Pbone., 409-8333363 FAX: 409-833-0317 E-mail.. cbi@cbiettg.com Consulting Engineers & Surveyors 14 May 2004 CITY OF BEAUMONT P.O. Box 3827 Beaumont, Texas 77707 Attn: Board Of Adjustment c/6 Steve Richardson, AICP Planning Division Manager Re: COWBOY HONDA Dealership Variance Request for Rear Building Setback and Special Exception for Parking Dear Mr. Richardson: RECE.IVIFI) CITY OF BEAUMONT PLANNING DIVISION 141 ly, 4 2004 Transmitted herewith regarding the above referenced project are the following: 1) Board of Adjustment Application Form for Variance and Special Exception 2) SupplementalApplication Form for Variance Special Exception 3) Three (3) blue line prints of a current survey and legal field note description for the subject property 4) Proposed site plan for the new Honda dealership (1 "=30) 5) Xerox reduction of site plan to 8%" X 11 " (not to scale) 6) Processing Fee (check no. 12169 for $250. 00) With these attachments, the owners of the subject 2.594 acre tract, Iron Horse Enterprises, Ltd., request consideration and approval for two items that would not fall in compliance with the City's Zoning Ordinance. Pertinent reasons for this request are as follows: Variance To Rear Setback Requirement: The subject tract and adjoining properties are zoned for Light Industrial (L-1) use. The subject tract is bounded to the north by a private drive (the abandoned public right-of-way for Milam Street) which will serve as a common point of ingress and egress City of Beaumont Board of Adjustment 14 May 2004 Page 2 of 3 between the proposed Cowboy Honda site and the existing Cowboy Halley - Davidson dealership, all of which are under the common ownership of Iron Horse Enterprises, Inc., private drive inclusive. The east line of the property has 332.3 feet (332.3) of frontage along the west bound access road on Interstate Hwy 10, while the south line adjoins an office building, One Beaumont Plaza. The west line of the subject property is the common boundary with the easterly line of Hillebrandt Bayou, a 150 foot (150) right- of-way owned and maintained by Jefferson County Drainage District No. 6. With the proposed orientation of the main building and warehouse fronting the I-H 10 access road, the Zoning Ordinance stipulates that a 5 foot (5) building setback is required when abutting a non-residential district. Because of the irregular shape and limited depth of the property and given the fact that the closest proximity that any future structure adjoining this site would be 150 plus feet away, the owners request your consideration to grant a variance in this case to allow a I foot (1) setback from the rear or west property line. As evidenced by the site plan, space planning for this site has been critical in terms of the property depth to make allowances for landscaping, parking, and site specific theme features that will display a variety of items such a motorcycles, all terrain vehicles (A TVs), personal watercraft (wave runners1jet skis), and generators. Drainage District 6 has given favorable comments for the encroachments that will be associated with this project which also plays a huge part into the planning and final design of improvements associated with this facility. �ecial Exception To Parking Requirement: In March of this year, the architect, Kirksey out of Houston, met with the City transportation manager regarding parking count for the new dealership particularly pertinent to the warehouse area. This addition to the Iron Horse Enterprises complex of which the existing Cowboy Halley -Davidson dealership is a part, will share use of the proposed warehouse to accommodate additional space for inventory. Essentially both dealerships will share common access and certainly any overflow of parking that may be needed. The site plan for the Honda dealership proposes to add 105 parking spaces to the existing 117 that currently serve the Cowboy Halley -Davidson dealership, adjacent paint shop (Peveto's), and meeting facility (Hogg House). Off site of the subject tract, an additional 8 parking spaces will be added west of the proposed truck route behind the Harley-Davidson site. In review of the parking codes (building and warehouse) associated with this project and in the March meet - Carroll & BJackman, Inc. City of Beaumont Board of Adjustment 14 May 2004 Page 3 of 3 ing with the transportation manager, 122 additional spaces were proposed specifically for the Honda site, However, in lending consideration to the above referenced space planning issues associated with the Honda site and the fact that the warehouse will become a shared use facility, the owner requests that a Special Exception be considered and granted for the Honda dealership in the context that this project represents the expansion of the Iron Horse Enterprises complex and, upon completion, would provide a total of 222 mixed use parking spaces to serve these two dealerships. A lot of preliminary planning effort and expense has gone into making this new Cowboy Honda site one of the premier dealerships in the country. We can see nothing associated with the granting of the requested Variance and Special Exception that would adversely affect the value or use of neighboring properties or be considered contrary to public interest. Should you, your staff, orany of the Board of Adjustment members have any questions or comments regarding this submittal, please feel free to call. We trust that these applications will meet with favorable approval at the next meeting date scheduled for Thursday, June 3rd. Respectfully submitted, On Behalf of Iron Horse Enterprises, Ltd. By CARROLL & BLACKMAN, INC. �0' -��J XG� J Joe Pat 'e Project Mgr Land Delopment & Site Planning JP/JP cc: IRON HORSE ENTERPRISES, LTD. Owners and Project Representatives KIRKSEYIArchitecture Don Reimers, AIA, Project Consultant S:16000160161WpcACHvafiance. wpd lackman, nc. 111 11 Jill I BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The Board of Adjustment has the power to grant variances %%iiere the follo%ving fisted conditions have been met. Indicate how your application meets each of these conditions in the space follo%%ing each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for's variance have been met). Except as othcn%ise prohibited, the Board is cmpo%verod to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the follmving conditions have been met: CONDITION A: That the granting of the variance %vill not be conh-an, to the public interest. The proposed use of the subject 2.594 acre tract would be. compatible with neighboring properties and comply with the permitted'use for Light ning V for the rear setback of the main building and warehouse would have no impact topublic interest CONDITION B: That liters] enforcement of the ordinance will result in unnecessary hardship because of exceptional narro%%nm, shallowness, shape topography or other adraordinary 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 =venience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. As outlined in the coverletter attachment to this application, space planning considerations for this project were partially dictated by the shape and limited depth of the property as well as the location of existing structures fronting this site. Due to the_ .fact .that no future structures can -directly abut the west (rear) line of the property (Ni/16brandt Bayou) it would d seem unnecessary to impose a 5 foot (5) setback requirement where impact to the Zoning Ordinance would not be applicable. CONDITION That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. In interpreting the spirit of the Ordinance in this specifi& instance, setback requir6ments between abutting structures would not apply in that the adjoining property (Hillebrandt Bayou) is a dedicated public drainage channel. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. W.� MR. 2�1101914FSMGIPS_110 CITY OF BEAUMONT (CODES SECTION 30-37 F-Z) 1. INDICATE WHICH SPECIAL EXCEPTION IS BEING REQUESTED: (a.)— 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 ,,.�nnconforming 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 THE VALUE AND USE OF ADJACENT OR NEIGHBORING PROPERTIES OR BE CONTRARY TO THE PUBLIC INTEREST. The applicant has the burden of proof. APPLICANTS SIGNA74&v6goe DATE:,tl FILE 520-BA: Request for a variance to the minimum rear yard setback from 5' to 1' NORTH for a new commercial building and a special exception to the parking requirements � from 122 to 105 spaces. Location: 1280 IH-10 South SCALE Applicant: Gary Clark 111=1001 VI- 0 wJ N 7A r� Ilk 15 Cyr, I GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Gary Clark, Owner Representative PROPERTY OWNER: Iron Horse Enterprises, Inc. LOCATION: 1280 IH-10 South LEGAL DESCRIPTION: 2.594 acre part of Lot D, Block 36, Cartwright & Roberts Addition EXISTING ZONING: LI (Light Industrial) District PROPERTY SIZE: 2.594 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NOUH: Commercial LI (Light Industrial) District EAST: 111-10, commercial LI SOUTH: Commercial LI WEST: Hillebrandt Bayou III COMPREHENSIVE PLAN: Activity Corridor OTHER PHYSICAL FEATURES: None STREETS: IH-10 - freeway with varying right-of-way Widths and multiple lanes DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 10" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #10, 3855 Washington. ADEQUACY OF SERVICE: Services are adequate,