HomeMy WebLinkAbout500-BADATE: June 5, 2003
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance from the minimum required rear yard building setback from 25'
to 4'6".
FILE: 500-BA
STAFF REPORT
Rick Morse, the applicant, is requesting a variance to the rear yard building setback
requirement from 25' to 4' 6". His firm is the contractor for a new Super 8 Motel being built
at 3995 IH-10 South.
The City approved the submitted site plan. The zoning was misread and a 5' rear yard building
setback was approved. Due to a change in exterior building materials (stucco to brick), Mi..
Morse was requesting a variance from 5' to 4' 6 ". However, when the variance request was
being reviewed, it was discovered that the zoning was CM (Commercial Manufacturing) and
a 25' building setback was required.
Mr. Morse states that when the exterior building material was changed, the concrete crew was
instructed to move the building to adjust for the setback. However, because of inclement
weather during the pouring of the slab, it was not adjusted.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for a variance have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 4 .
Responses in Favor . Responses in Opposition -.
Al
Y 19, 2003
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THANK YM
VARIANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 E,3)
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The, Board ofAdliusmicrit has the power to grant variances where the following listed conditions have been mci.
Indicate how your application meets each of these conditions in the space foliowing each condition, ,The
applicant has the burden of proof to demonstrate that all three of the conditions necessarN- for a variance
have been met).
Except as othcr\\ise prohibited. the Board is empowered to authorize a variance. from a requirement of the Zoning
Ordinaricc when the Board finds that all of the following conditions have been met:
CONDITION A! That the granting of the variance wdI not be contrary to the public interest
)V C, Pt-4
C0ND11LQNJ: That literal criforcement of the ordinance will result in unnecessary hardship because
of exceptional narromness, shnlloN\mess, shape topography or other cxnordinan, or exceptional physical situation
OF physical condition unique to the specific piece of property in question, "Unnecessary hardship" shall mean
phvsical 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.
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CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done. I d
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I HEREBY ATTEST THAT, TO THE BEST OF My IC40WLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
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Applicant's signature:
FILE 500-BA: Request for a variance from the minimum required rear yard building 7
NORTH
setback from 25' to 416". �&
Location: 3995 M-10 South A
CApplicant: RKM Construction SCALE
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-JAN-3-2002 10:340-FROM:
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Rick Morse, RKM Construction, LLC
PROPERTY OWNER:
RAS Hospitality, Inc.
LOCATION:
3995 III-10 South
LEGAL DESCRIPTION:
0.694 acres out of Schumacher Business Park
EXISTING ZONING:
CM (Commercial Manufacturing) District
PROPERTY SIZE:
0.694 acres, more or less
EXISTING LAND USES:
Vacant
FLOOD HAZARD ZONE:
"X" - Areas determined to be Outside 500-year
floodplain
SURROUNDP4G LAND USES:
SURROUNDING ZONING:
NORTH: Commercial
CM (Commercial Manufacturing) District
EAST: Commercial
CM
SOUTIL Commercial
1A (Light Industrial) District
WEST: IH-10, commercial
GC -MD (General Commercial -Multiple Family Dwelling)
District and Ll
COMPREHENSIVE PLAN:
Light Industrial
OTHER PHYSICAL
FEATURES:
None
STREETS:
IH-10 - freeway with four lanes divided and a
varying right-of-way width; Walden Road -
major arterial with four lanes and 90'right-of
way width
DRAINAGE Curb and gutter
WATER: III-10 - 12" water line
Walden - 12" water line
SANITARY SEWER
SERVICE: IH-10 - 8" sanitary sewer line
Walden - 8" sanitary sewer line
GENERAL INFORMATION/PUBLIC UTILITIES continued
FIRE PROTECTION: Fire protection is provided by Station #5, 6375
Walden Road.
ADEQUACY
OF SERVICE: Services are adequate.