HomeMy WebLinkAbout481-BADATE: November 7, 2002
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for variances from the 10' rear yard setback requirement and the 5' side yard
setback requirement to 7' and T, respectively,
FILE: 481-BA
VW W W t6i 01
Porter's Carpets, the applicant and property owner, is requesting variances to the I 0'rear yard
setback requirement and the 5' side yard requirement so that a 25' x 70' addition can be
constructed on the rear of the existing building at 7628 Eastex Freeway.
Porter's Carpets wants to expand its business in order to stock more material for sale to the
public, The applicant states that the piece of property on which he wishes to expand is of no
value for other than the proposed use and is the only area on which to expand.
Directly behind the property is an Entergy sub -station and to the side of the property is the
Spell Cemetery.
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 9 .
Responses in Favor . Responses in Opposition _.
VARIANCE SUPPLEMENTAL APPLI IC ATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 E.3)
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 empowcred"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.
Because directly behird Porter's Carpets is Gulf States
Utility Sub Station and Spell Cemetary.
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 owner's own actions.
The Company )Porter's CArpet') wants to 'expand their business
to be able to stock more material to better serve the public
the piece of property we want to expand on is of no
other use than this and the only area we have to do this.
expansion.
CONDITION : That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
To expand the existing business and to be able to hire
more employee's and better serve the public.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS A
CONDITIONS STATED ABOV-:.
Applicant's si
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Porter's Carpets
PROPERTY OWNER:
Same
LOCATION:
7628 Eastex Freeway
LEGAL DESCRIPTION:
Tract 120-13, Plat RS-4, Abst. 17, W.B. Dyches
Survey
EXISTING ZONING:
GC -MD (General Commercial -Multiple Family
Dwelling) District
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Commercial
EAST: Residential, Substation and Cemetery
SOUTH: Commercial
WEST: Freeway
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER
SERVICE:
1.328 acres, more or less
Retail
"X" - Areas determined to be outside 500-year
floodplain
SURROtJNDfNG ZONING:
GC -MD (General Commercial -Multiple Family Dwelling)
District
RS (Residential Single Family Dwelling) District and GC -MD
GC -MD
GC -MD
Activity Corridor
Emil
Eastex Freeway - freeway
Curb and gutter
3" water line
10" sanitary sewer line
GENERAL INFORMATION/PUBLIC UTILITIES continued
FIRE PROTECTION: Fire protection is provided by Station #8, 6297
Highway 105.
ADEQUACY
OF SERVICE: Services are adequate,