HomeMy WebLinkAbout399-BA41
DATE: May 1, 1997
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for a front yard setback variance for an accessory structure located at a
business in a GC -MD (General Commercial -Multiple Family Dwelling) District.
FILE: 399-BA
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The Planning Director recommends approval of the variance because the applicant has met
the requirements of Conditions A, B and C.
PUBLIC NOTIFICATION
Notices Mailed to Property Owners: 15
Responses in Favor: Responses in Opposition:
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 14, College Acres Addition, Beaumont, Jefferson County, Texas, containing 1.10
acres, more or less.
To Planning Division,
In reference to the detail canopy at 4415 College
Street. We are asking for a variance to be granted because
of the position on the lot and size of the canopy, there
is no other place on the property it will fit. It does not
block any view or obstruct any view of the road.
It is attractive and well lit and no business adjacent to
it will be blocked from view. If we back up the canopy it
will block access to our Lube Center. We can not put it on
the other side of the property because of our signs. By
granting the variance no one will be harmed in any way.
Thanks,
3040 Hwy, 365 5550 Eastex Freeway 6455 Prutzman 2510 Calder Avenue
Nederland, TX 77627 Beaumont, TX 77708 Beaumont, TX 77706 Beaumont, TX 77702
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REQUIREMENTS FOR A VARIANCE
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:
The canopy does not block any view or obstruct any view on the road. It is attractive and
well lit. No business adjacent to the canopy will be blocked from view.
Condition A - Staff response:
The canopy is used to dry and wax vehicles which have been washed. Its primary use will be
during the hot summer months. The canopy is 24'x 36'and is an accessory "structure". It
is located at the center front of the company's lot, approximately two feet from the front
property line. If the business had been landscaped as per the zoning requirements, a minimum
three feet of the required six feet of landscaping would be on the subject property. In that
case, the tent would have set back at least three feet from the property line. However, the
concrete parking area was built up to the property line. The property is zoned GC -NM and
a 20' setback is required. There is no zoning ordinance definition that actually defines a
commercial accessory structure that is a tent or cloth canopy of the nature of the subject being
addressed. The canopy does not block the view of the eastbound drivers or those entering
or leaving the car wash/tube shop. The business is located next to and east of Sutherlands.
The variance requested is not contrary to the public interest.
Condition B - Applicant's statement:
The carwash was built to maximize all usable space. There is no other place on the property
that the canopy will fit. If we back it up, it will block the entrance to the tube center. There
is no room on the side that it would fit.
Condition B - Staff response:
The new buildings occupy the entire width of the 160' wide lot. They are setback 100' from
the front property line. Customers enter the gasoline service area on the west side and then
may enter the car wash entrance. Lube shop customers enter at the center of the tract and
then may proceed to the wash area. The wash tunnel is located on the east side of the
property. When washed vehicles leave the tunnel they are dried or proceed to the canopy for
detail work, such as hand waxing if desired by the customer. There is much maneuvering of
cars and small trucks on the north (front) of the 1.10 acre lot. This side is the entrance -exit
for the two driveways on College Street.
Moving the canopy southward to a point 20 feet from the front property line would interfere
with the movement of vehicles and partially block the alignment of cars waiting to be serviced
at the lube shop. Moving the canopy back would cause a hardship by limiting the safe and
efficient use of the paved lot. Driveways and existing signs are located on the northwest and
northeast sides of the tract and are not suitable for the location of the canopy.
Condition C - Applicant's statement:
By granting the variance, no person or persons will be affected other than Magic Car Wash,
Visibility will remain good for traffic on College Street and no unnecessary cost will be put
on anyone.
Condition C - Staff response:
The canopy in its present location Tfrom the front property line poses no public safety hazard
nor does the canopy obstruct the views of drivers on College or to customers entering or
leaving the premises, The canopy is not a permanent "structure " but is an accessory use. By
granting the variance, the spirit of the ordinance is observed and justice will be done.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Magic Car Wash and Lube Center
PROPERTY OWNER: Greg Corkran
LOCATION: 4415 College Street
EXISTING ZONING: GC -MD (General Commercial -Multiple Family
Dwelling) District
FLOOD HAZARD ZONE:
EXISTING LAND USES:
NORTH: Motor home sales, distribution center
and boat sales
EAST: All -Pro Audio
SOUTH: Wooded tract
WEST: Sutherlands Hardware
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
X C (Minimal) A (100 year)
B (Moderate) Floodway
1.10 acres, more or less
Car wash and lobe services
SURROUNDING ZONING:
GC -MD (General Conmiercial-Multiple Family Dwelling)
GC -MD
GC -MD
GC -MD
Activity Corridor (U.S. Hwy. 90)
Subject business is a new store.
STREETS: College Street is a I 10' wide right-of-way, multiple
lanes, three east and three west bound, turning lane,
20'wide painted median.
DRAINAGE: There is a 54" storm sewer in College.
WATER: There is a 12" water line in College.
SANITARY SEWER
SERVICE: There is a 48" sanitary sewer in College.
FIRE PROTECTION: Fire protection is provided by Station #10, 3855
Washington Boulevard,
ADEQUACY
OF SERVICE: Present services and utilities are adequate,