HomeMy WebLinkAbout400-BADATE: June 5, 1997
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Variance request to reduce a 20' side yard setback requirement to 6.6' for a proposed
wireless telephone tower and support facility in a GC -MD (General Commercial -
Multiple Family Dwelling) District.
STAFF REPORT
The applicant has demonstrated compliance with Conditions A, B and C. The proposed
tower is a permitted use in the district. There are no height limitations. The property is in
compliance with the Subdivision Ordinance. No variance for the lot width is required.
Mercury Cellular and Paging of Lake Charles wishes to construct a 150' tall monopole steel
antenna tower on a part of Lot 6, Block 1, Wescalder Fig Acres Addition. The tract fronts
on the east side of Wescalder Road south of Eastex Waste Systems (specific use permit in
1993) and across the street from Schaumburg and Polk Engineering Company.
The SIC Code (un-numbered) category "public utilities" allows radio, television, microwave
and cellular telephone transmission towers in the GC -MD districts as a permitted use, subject
to the area and height regulations for commercial districts, Section 30-25 B.2.
The interior side yard or setback for development in the district is 5' unless abutting land in
a residential district, The vacant tract south of and abutting the subject 50' x 460' tract is
zoned RM-H (Residential Multiple Family Dwelling -Highest Density) District, Therefore,
the required setback is 20'. The applicant desires the variance for the irregular shaped tract
because existing physical impediments prevent placing the tower on the site observing the
regulated side setback.
The applicant has also requested a variance to the required minimum lot size in the GC -MD
district (75'x 100'). This variance is not needed. The requirement that commercial lots have
certain minimum areas, widths and depths was adopted with the 1981 Zoning Ordinance.
There was no required front or side yard setback regulation prior to the 1981 ordinance for
commercial uses. The only requirement regarding commercial lots prior to 1981 was a
minimum lot width of 25' and a 10' rear yard. An ordinance passed on January 22, 1980
defined a lot and a tract or lot of record, Non -conforming lots created prior to 1980 may be
developed as long as required building setbacks are observed. Most of Lot 6, Block 1,
Wescalder Fig Acres (2.44 acres) was developed prior to 1979, leaving the remaining 50' x
460' parcel.
Exhibits are attached.
Notices Mailed to Property Owners: I I
Responses in Favor: — Responses in Opposition:
I LAKESHORE DR., CM TOWER, SUITE 1495 o LAKE CHARLES, LA 70629 * (318) 436-9000
April, 29, 1997 G17i'CT '-[M,1�10T
Board of Adjustment C, 11H I V E 03
Planning Division
Room 210, City Hall
801 Main Street MAY 1 2 1997
Beaumont, TX 77701
Reference: Request for Grant of Variance
Attention: Board of Adjustment,
Chairman,
Meretel Communications is seeking a variance from the minimum lot width and side yard
specifications set forth in Section 30-25 B. Area and Height regulations. - 2. Commercial
Districts as prescribed for by the City of Beaumont Zoning Ordinance. This request
concerns a tract of land located on Wescalder Road which Meretel wishes to lease for the
purpose of building a Wireless Telephone Tower and Support Facilities.
Meretel's reason for requesting the variance and justification for meting Conditions A, B,
and C as listed on the attached Variance supplemental form follow:
I. Description of tract.
A. The lot is an approximate 50' wide X 460' tract of land that was originally part
of Lot 6, Block 1, of the Wescalder Fig Acres Subdivision containing 0.533
acres. (See Exhibit "N' for Property Survey.)
B. The property is presently zoned GC -MD which is a permitted use for sitting
Cellular telephone towers. ( See Exhibit "B" Copy of Zoning Map and Section
30-24B. Permitted Use Table)
C. Adjoining lots are zoned as follows: (See Exhibit "B")
1. Lot to North has special zoning status as a waste collection area.
2. Lot to East Across Drainage District No, 6 Drainage Channel is also zoned
GC -MD.
3. Lot to West across Wescalder Road is zoned L 1.
4. Lot adjoining tract on south side is zoned RM-H.
D. Useable area of property due to minimum side yard restrictions and existing
topographical features. ( See Exhibit " A - I ")
An existing drainage ditch approximately 22' wide runs along the North
boundary of this tract. This ditch serves as relief for the ditch running along
and crossing under Wescalder Road. It empties into the District No. 6
Drainage Channel at the Northeast corner of the tract. Inquires to the City
and County find no recorded easement granted for this ditch,
2. There is a required 20' minimum side yard requirement on the South side of
the tract as set forth in Section 30-25. Area and Height Regulations. - 2.
Commercial Districts. - City Zoning Regulations.
3. The remaining portion usable for construction is strip of land approximately
8' wide X 460' long.
A. Reasons for requested variance of minimum lot width and side yard
restrictions.
Meretel has designed it's wireless telephone system utilizing this site as an
integral part of the system. In PCS wireless systems, tower placement is
critical to assure that the site works properly with adjacent towers to
provide continuous coverage from one area to the next. Since our system is
designed and we are far into the process of building out the sites adjacent to
this location it is important that we build on this property to assure the
integrity of our system.
2. Meretel considered and/or pursued all other properly zoned property
adjacent to this tract and found them either unsuitable or unavailable.
3. The lot is zoned GC -MD but is only 50' wide. This does not meet the
minimum required lot width as stated in the City zoning regulations.
Please grant variance to maintain integrity of present zoning classification,
4. The existence of the ditch, zoning classification of adjoining tract on South
side and mandatory side yard requirements does not leave enough room to
build upon. Please grant variance reducing the minimum side yard
requirement from 20' to 6.6' to allow development of the site.
( See exhibit "C")
111. Compliance with Conditions A, B, & C from Variance Supplemental Application.
A. Meretel does not believe granting either request will be in conflict to the public
interest and in fact may be of benefit the public interest for the following
reasons.
1. Tower facilities such as proposed are a non-polluting industry which will
create future jobs for some area residents as Meretel"s business
infrastructure in Beaumont develops.
2. Allowing Meretel into this area to compete with existing carriers allows
local residents greater choice of service and should lower wireless telephone
service rates.
3. The City of Beaumont needs state of the art communications resources
as the one Meretel is building to stay competitive with other city's in
today's economic environment,
4. This tract of land is not commercially viable for any other usage other than
a tower site due to it's narrow width. Building a tower site on this tract
would at lease provide some revenue to the city in the form of increased
property taxes due to the improvements.
B. Literal enforcement of the ordinance will result in unnecessary hardship.
The existence of the ditch and minimum side yard requirement combined with
the narrowness of the tract combine to make the property unusable. This is a
physical hardship on the property itself if the ordinance is enforced.
C. Granting the variance will maintain the spirit of the ordinance and does
substantial justice.
By waiving the minimum lot width you will be maintaining the spirit of the
ordinance by maintaining the present zoning classification. In granting the
variance on the requested portion of the side yard restriction you will be doing
substantial justice in that if the North portion of the property was not being
used as drainage for a number of adjacent properties and Wescalder Road the
remaining lot width would be sufficient to build upon.
Meretel wishes to thank the Board of Adjustment for considering this request for variance
and awaits your decision. Should you have any question or require more information
please feel free to call,
Sincerely,
Donald B. Pearson
Site Acquisition & Development Mgr.
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Meretel Communications, LP
LOCATION:
LEGAL DESCRIPTION:
EXISTING ZONING:
FLOOD HAZARD ZONE:
SIZE OF PROPERTY:
EXISTING LAND USES
SURROUNDING USES:
NORTH: Eastex Waste Systems, Inc.
EAST: Ditch, vacant, pipelines
SOUTH: Ditch, vacant tract
WEST: Wescalder Road, pipeline,
Schaumburg & Polk, hic.
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
ADEQUACY
OF SERVICE:
Edward D. Brady
1100 block of Wescalder Road
The south 50'x 460'part, of Lot 6, Block 1, Wescalder
Fig Acres Addition
GC -MD (General Commercial -Multiple Family
Dwelling) District
C (Minimal)
B (Moderate)
0.533 acres
Vacant
SURROUNDING ZONING:
X A-2 (100 year)
Floodway
CC -MD (General Connncreial•Multiple Family Dwelling)
GC -MD
RM-H (Residential Multiple Family Dwelling -Highest Density)
Ll (Light Industrial)
Stable Area
The top of the concrete slab (support) will be 2' above
the base flood elevation (BFE) established by FEMA,
Wescalder Road, is a 50'wide right-of-way with a 20'
wide asphalt pavement.
There is open ditch drainage in Wescalder Road.
There is a 6" water line in the street right-of-way.
There is an 18" sanitary sewer in the right-of-way.
Fire protection is provided by Station #6, (1155
Glendale).
Existing services are adequate,
REQUIREMENTS FOR A VARIANCE
(Codes Section 30-37 E. 3.)
The Board of Adjustment 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:
CONDITION A: That the granting of the variance will not be contrary to the public interest,
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 property owner's own actions,
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed
and substantial justice will be done.
ANALYSIS
Condition A - Applicant's statement:
Meretel does not believe granting either request will be in conflict to the public interest and
in fact may be of benefit to the public interest for the following reasons:
I Tower facilities such as proposed are a non-polluting industry which will create future
jobs for some area residents as Meretel's business infrastructure in Beaumont
develops.
2, Allowing Meretel into this area to compete with existing carriers allows local
residents greater choice of service and should lower wireless telephone service rates.
3. The City of Beaumont needs state of the art communications resources as the one
Meretel is building to stay competitive with other city's in today's economic
environment,
4. This tract of land is not commercially viable for any other usage other than a tower
site due to it's narrow width. Building a tower site on this tract would at least
provide some revenue to the City in the form of increased property taxes due to the
improvements.
Condition A - Staff response:
The applicant demonstrates compliance with Condition A. The 50' x 460' tract is almost
useless for development in its present configuration because of the 22' wide drainage ditch
coursing along the north 22' of the tract. The tract is immediately south of a company that
collects waste material and across the street from a storage lot owned by a large engineering
firm. The RM-H zoned tract abutting on the south is not developed. The nearest single
family residence is located approximately 300 feet to the south.
Condition B - Applicant's statement:
Literal enforcement of the ordinance will result in unnecessary hardship. The existence of the
ditch and minimum side yard requirement combined with the narrowness of the tract combine
to make the property unusable. This is a physical hardship on the property itself if the
ordinance is enforced.
Condition B - Staff response:
The tract is 50' and the ditch along the north side of the tract is 22' wide. This leaves a 28'
wide buildable area. This area is narrowed down even farther with the 20' wide building
setback, resulting with a total building area width of 8 feet.
Indeed, literal enforcement of the ordinance will create an unnecessary hardship due to
physical conditions and due to the shape and narrowness of the tract in question.
Condition C - Applicant's statement:
Granting the variance will maintain the spirit of the ordinance and does substantial justice.
By waiving the minimum lot width you will be maintaining the spirit of the ordinance by
maintaining the present zoning classification. In granting the variance on the requested
portion of the side yard restriction you will be doing substantial justice in that if the north
portion of the property was not being used as drainage for a number of adjacent properties
ad Wescalder Road the remaining lot width would be sufficient to build upon.
Condition C - Staff response:
Granting the variance for a side yard of 6.6'will provide justice and will not deny the spirit
of the ordinance. Normally, a 50'x 460' strip of land located in the present environment
would be hard put to develop under the district regulations. The tower is a single pole
structure. The compound will be enclosed with a security fence. A 12' wide access road will
be constructed as well as a parking area,