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HomeMy WebLinkAbout483-BADATE: November 7, 2002 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for variances of the 20' front yard setback requirement and of the 20' side yard requirement to 10'. FILE: 483-BA STAFF REPORT Long Architects, the applicant, is requesting variances to the 20' front and side yard requirements for a church that is to be constructed at the southeast comer of Sabine Pass and Martin Luther King, Jr. Parkway. The Divine House of Refuge Church has a small sanctuary at 2650 Sabine Pass. They are wishing to build an approximately 12,500 sq. ft. church north of their current location. Because of the expansion of Martin Luther King, Jr. Parkway, parts of the subject property were acquired, leaving an odd -shaped parcel. To get the proposed building on the subject property will require encroachments into the front and side yard setbacks on the west and south sides of the property. 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 12 . Responses in Favor . Responses in Opposition _. VARIANCE SUPPLEMENTAL APPLICATION 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 empoweredto authorize a variance from a requirement of the Zoning Ordinance xN-hcn 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 granting of this variance will not be contrary to the public interest. Allowing the construction of a new church facility in tile subject neighborhood will serve to enhance the safety and well-being of the neighborhood and will act as all attractive and visible landmark at all important intersection. It will potentially increase neighborhood property values, and will provide a source of stability. Additionally, it will not hinder pedestrian traffic in the neighborhood or obstruct any site lines for vehicular traffic. 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. Literal enforcement of the 20'-0" set back will result in unnecessary hardship on the Owner because of the unusual shape of the property, due in part to the acquisition of portions of lots 6, 7, 8, & 9 by the City of Beaumont for the construction of MLK Boulevard. The unusual shape of the property does not allow a reasonable size structure to be constructed oil the site, even though thei-6 is a large "buffer" area present between the front property line and MKL Boulevard. By allowing the variance, a structure can be built that will enhance the property Without being oversized for it. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. By granting the variance, the spirit of the ordinance will be observed because there is a substantial buffer (already landscaped by the city) between the church and the main thoroughfare (NILK). Also the narrower setback of the building oil the side (Sabine Pass) will not limit pedestrian traffic since it will still be I W-O" wide and it is at the end of tile road, not the middle of the block. Substantial justice will be -done because the Owner will be allowed to build a new structure that will enhance the neighborhood, anchor all important intersection, and still provide more than adequate room for pedestrian circulation and landscaping around the building. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Date: fpl t0a2- z UL Ll 10 lu CL Co V) 0 0 II mg r� I . � 1 C p 0 0 HI I by v 00 Stt 1 W8 N7 0-3-3 3 j m ssi- 3nN3AVlSYd 3NIBVS If uj GAS- GAS- GAS- GAS- GAS- GAS- GAS- GAS- GAS- GAS- w w w w w C) C7 N rni�D'—Q PA00 F FILL 483-BA: Request for a variance to the 201 front yard setback requirement and NORTH 2 t C ri ht he 20' side yard requirement to 10'. Ave.e. Location: SE corner of Sabine Pass Ave. and M.L. King, Jr. Pkwy. at Cartwright Av - SCALE Applicant: Long Architects, Inc. 4 1R. 1"=200' /S to DOUCETTE AVE. /,70, r76= CORLEY AVE. 4 7 Uj to f CARTWRIGHT AVE. An& GC— MADISON AVE. jo Iva S 11 , to 4 21 -40 FULTON AVE, %4 to 9, r___ i i f 9 to 11 '-Z j 04,0 40 ROBERTS AVE. I I \J 0 co Oi L L J4t 25 .9 PRAIRIE AVE. 4 GENERAL, INFORMATION/PUBLIC UTILITIES APPLICANT: Long Architects, Inc. PROPERTY OWNER: Divine House of Refuge Church LOCATION: SEC of Sabine Pass and Martin Luther King, Jr. Parkway LEGAL DESCRIPTION: Lots 4-5 & Lots 6-9 All and TO and TrA, Block 35, Arlington Addition EXISTINGZ0NI­NG: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.62 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: NORTH: MLK Parkway GC -MD (General Commercial -Multiple Family Dwelling) District EAST: MLK Parkway GC -MD SOUTH: Residential RM-H (Residential Multiple Family Dwelling -Highest Density) District WEST: Residential and vacant RM-H COMPRE14ENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: Large buffer area between subj ect property and MLK Parkway pavement STREETS: Martin Luther King, Jr. Parkwa - major arterial; Sabine Pass Ave. - a 60' wide local street with a 30'wide pavement. DRAINAGE: Curb and gutter WATER: 18" water line GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: 2411 sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #11, 2185 Sabine Pass. ADEQUACY OF SERVICE: Services are adequate.