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HomeMy WebLinkAboutPZ2021-404DATE: December2, 2021 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: To consider a request for an appeal of a determination made by an administrative official that a business allowing on -premise consumption of alcohol with a proposed seven (7) "bar stools" and four (4) table seats, not operating as an eating place, is determined tohmadrinking place. HUE: PZ3031-404 STAFF REPORT Baptiste Brunner has requested that the Board hear an appeal to a decision made by an Administrative Official ofthe Planning Division. Section 28.02.005(c) of1he8eaumunt,Texas[VdeofOrdinanceaUovvsforouchonoppea|*ndstaLes process.Appeal Appeals bothe board can betaken bvany person aggrieved orbvanofficer, department, or board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. August 17 2021 Staff inquired on a request to serve alcohol at818U Eastex Fvvy. It was stated the "Daiquiri Shop" will have odrive through. |fthey have adrive through with nncustomer seating they are classified as a convenience store, which is accepted without a Specific Use Permit (SUP) in most commercial zoning districts. OnNovember3,2O213taffrevievvedao/nnmerc|a|akeradonpcnnitfnra"DoiquidShno^otO18O EastexFvvy Suite 8. The floor plan showed seven (7) bar stools and four (4) table seats, including an area toplay dart board games. The Planning stafPsinterpretation ofthe ordinance is that the use ofSuite 8bclassified asadrinking place, Additionally, Staff has confirmed with Mr. Brunner that no food will be sold at this facility, just vvine'baseddaiquiris. The property is zoned as GC -MD (General Commercial — Multiple Family Dwelling) district. AdhnkinA place within that zoning district requires an approved SUP prior to the issuance of a Certificate of Occupancy per Sec. Z8.08.O23Permitted Uses. Again, this is a request for anappeal ofodetermination made bvonadministrative official that a budneaoaUovvin4on-prenoioecVnsunopiionofa|coho|vvithapn`pomedseven(7)"barstmo|s"nndfour (4) table seats, riot operating as an eating place, is determined to be a drinking place. Case Typa:P|mnninAand Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Name: Daiquiri Boom (Mercantile Case #:PZ2O21-4n4 Occupancy) Location: 818UEASTEXFVVYSUITE B.BEAUk4ONT.77708 Initiated On: 110/2O21 12:37:38PM Individuals listed onthe record: Applicant Baptiste Brunner Home Phone: 818OEaak»xFwySte 8 Work Phone: Boaunnont.TX7778Q Cell Phone: 5O429G8847 E-Mail: GEHBEnte,prines@gmaiioom Aqent Baptiste Brunner Home Phone: 8i8UEustexFwvSte B Work Phone: Beaumont, TX77708 Cell Phone: 5O42988O47 E-Mail:CEHBEnteqohmas@Umaiicom Property Owner Diamond Real Properties, Lie. Home Phone: 2817974000 8180EeeiexFwv Work Phone: Longview, TX7770O Cell Phone: Case Type: Planning and Zoning Page 1of2 BEAUMONT Planning & Community Development Type of Variance: Legal Description That the granting ufthe variance will riot be contrary to the public interest That literal enforcement ofthe ordinance will result inunnecessary hardship That bygranting the variance, the spirit ofthe ordinance will baobserved and substantial justice will bodone Appeal Dhvolhm.To-Go Daiquiri Shop Auevidenced bymyarchitects letter (Attached um"architect leKer"). this building isalready zoned for mercantile occupancy, and this ic just aFirst Time FIT Upiothe building. VVewill busub-metering our utility services from the main occupant ie.electricity, water, and sewage. | was initially told N0SUP was required per the zoning department and its director. | strongly believe intheir initial assessment, Since the Public Interest ounoemiaindividua|u congregating within the establishment, and aeillustrated inmy appeal, individuals Uonot congregate orremain inthe establishment and the number wfcustomers walking iniaaless than negligible share mfthe dient-buoa; the Public Interest concern immet. | relied unthe initial assessment and affirmation mfthe zoning department (attached mo"Email Thmod")from August 17th.2021. Since being granted unexception for onSUP, | moved forward with services and payments tminitiate Our First Time FIT Upofthe space and have spent inthe vicinity of$15.U0U.3.5years ufpersonal savings, hard work, endaneomnd]ab.Theeeon*non-refundable purchases that would not have been moduhad iinot been for being granted mninitial SUP exception. Now mygravest concerns are will | even beable buopen mybusiness, start upagain elsewhere with 35Y4o[our funding depleted, and ocombined six months ofwork obtaining this property and initiating our FIT Up. Audescribed inthe first variance above, the insignificant amount of sit-in use described throughout this appeal preserves and aatisfiau the spirit ofthe ordinance. The seating layout was configured W satisfy the SkoUm'sminimum requirement for oTABCBGPermit, but the business iastrictly aimed hocater hoo "Driva'Thm"&"TO'G{Y'ouaWmmrbase. Our research reflects that this client base iabeyond practically the entirety ofthose who patronize |iko'astob|imhmanta.Please also see the attached letter from our Product supplier, who has extensive knowledge ofthis industry and supplies the large share odlike-establishments inthe Great State of Texas, where hmjustifies our statements along with aPower Point Presentation where Zee Fueod, Daiquiri Shop owner using the same model as mine. attests tnthis. Case Type: Planning and Zoning Page xu/u APPEAL APPLICATION FOR CITY OF BEAUMONT ERROR BEING APPEALED: The applicant hereby alleges that the following error in the order, requirement, decision or determination has hemz mode by the administrative officer in enforcement of the Zoning Ordinance: My letter, application form, and its attachments all describe in depth why we allege an SUP is not necessary for our business and anerror has been made along with ahardship created, ` � To grant an appeal the Board of Adjustment must find that all of the following ' ^ conditions have been met. Explain below or on m separate sheet of paper bow each condition has been niet. The applicant has the burden of proof. w That there is a reasonable difference of interpretation as to the aDaoi2ic intent of the zoning regulations or zoning map. Aeevidenced bvmyarchitects le8e[�dhschedun"avohhor |eMe�\'this buiWingima]medyzoned for mercantile � uccupan�audth��/ootaR�tllmeF[TUphodhehui|d|ng.VVeviUbmaub-metehngourud|hyoorvicoofnzmUhe main occupant i.e. electricity, water, and sewage. |wes initially told NO SUP was required per the zoning department and its director. | strongly believe in their initial assessment, Since the Public Interest concern is individuals congregating within the establishment, and as illustrated in my appeal, individuals do not congregate or remain in the establishment and the number of customers walking in is a less than neglibible share of the client -base; the Public Interest concern is rnet. w That the resulting interpretation will not grout a special privilege to one pr,operty inconsistent with other properties or uses similarly situated. | relied onthe initial assessment and affirmation u(the zoning department (attaohed)from August 17Yh`2O21.Since � being granted an exception for an SUP, I moved forward with services and payments to initiate our First Time FIT Up ' . of the space and have spent in the vicinity of $15,000, 3.5 years of personal savings, hard work, and a second job. , These are non-refundable purchases that would not have been made had it not been for being granted an initial SUP . ' exception. Now my gravest concerns are will I even be ;able to open my business, start up again elsewhere with 35% n(our funding dep|ekad, and acomb|ned mix months o/work obtaining this property and initiating our FIT Up. � The decision of the Board must be such as will be in the best interest of the community and consistent with. the spirit and interest of the CiLy'u zoning laws. As described in the first variance above, the insignificant amount of sit-in use described throughout this appeal preserves and satisfies the spirit of the ordinance. The seating layout was configured to satisfy the State's minimum requirement for a TABC BG Permit, but the business is strictly aimed to cater to a "Drive-Thru" &'70-GO" customer base. Our research reflects that this client base is beyond practically the entirety of those who patronize like - establishment& Please also see the attached letter from our Product supplier, who has extensive knowledge,of this industry and -supplies the large share of like -establishments in the Great State of Texas, where he justifies our ytsdemao(a along with a Power Point Presentation where Zee Famed, Daiquiri Shop owner using the same model as mine attests tothis. v U '' APPLIC�Q� S SIGNATURE DATE 11/9/2021 Dear Board of Adjustments, N4yname is Baptiste Brunner, aLouisianan bvbirth, Texan bv choice. } annthe Founder and CEO 0[CEHB Enterprises, LLC. and a prospective business owner in Beaumont. | write tQ you today to appeal the need for mSpecial Use Permit (SUP) for our location at 8180 Eastex Fwy Suite B, Beaumont, TX 77708. After you read about my hardship, Cu[ogDf zoning classification of the building, testimonial from the largest shop owner in Texas with the same business model, and my product supplier who is leading the growth of this now industry to Texas; it will be revealed that an SUP is not necessary for my business nor applicable for my building dun to its current classification. TO start, | would like to tell you a bit about my business's location decisions and then justify and prove that a Special Use Permit isnot applicable for our business model. When |moved to Texas 8years ago, ittook moewhile to get adjusted toleaving 0y home state. Louisiana is different in many ways than other states, very different, but so is Texas. This Great S\a8a'aopportunities are endless' and it truly is the last frontier in this country economically speaking. However, in Houston, | have never quite felt zdhome with the exception of the sentiments Vffamily that my wife provides me. | drive back home quite often asi\isaquick drive, and Beaumont has always been a stop for 0a0Dboth sides nfthe trip. |twas during these stops and while visiting nnycousin inLumberton, when | realized the Golden Triangle is reminiscent ofhome to mg. | fV8| hO0g in Beaumont, | feel home in Pod Neches -Groves, and I feel home in Port Arthur. The Golden Triangle is truly a Golden Piece of Texas to nnm. and it is a place of like folk. My current role as a Financial Advisor for A|G allows me to service the K-1 2, public health, and higher education sectors of Beaumont; and |nrnproud tVserve those public servants regularly. The reasons above are why mnywife and | chose t0open abusiness inBeaumont with plans t0purchase our first home there as well. Moving forward to stating my case, the hardship this SUP brings is quite worrisome. The first action our company took after signing the space lease inAugust was applying for our necessary TABC license, a BG On -Premise permit, This permit allows our business to package and sell our product through using a "Drive-Thru"/"TO-GO" business model, but it also calls for on -promise consumption. On August 17fh` 2021 a member from the City of Beaumont Zoning Department, ennai|edmgstating nnyneed for aDSUP. She asked ifmy business was wine or liquor based and if we will have a drive-thru. After answering her questions and mentioning that we will solely provide wine -based beverages and will have a drive-thru, I offered to speak on the phone to ensure we covered everything and to learn more about the SUP. Her response was that she spoke with the Director ofthe Zoning Department and since wgwill beproviding only wine based products anSUP was NOT needed. Because Ofthis affirmation my company moved forward with ourTABO |ioensing, architectural designs, hardware purchases, etc, that has amounted to—$1G'OUOnr3.5years Ofpersonal savings. After we submitted our architectural designs and building permit application on NovgDlbe[8rd' 2021, the zoning department reached out again stating | would need an SUP now. | forwarded them our previous email thread where they said |vvou|d not need one, and | was basically told they made an error and | still need to apply for an SUP. | do not know where the confusion came from as the permit is titled "BG On -Premise" and my address clearly stated inour August submittal aeaSuite. N1ybusiness now has spent —35% ofour funding that i8nOn-refundob|e,and vvgwon't be able t0open without anSUP. Best, case scenario, we will receive an SUP but will need to push our opening date back 3 months, something vvecannot afford. Since our initial correspondence with zoning on9/17/2O21, there have been 3 meetings to obtain an SUP, and now the next meeting is not until January 24th' 2022. This is a major setback and we are |OGiOQ money everyday with this delay. Please see my entire ernail correspondence with the CoB Zoning Department attached with my other documents for your record, We strongly agree with the Zoning department's initial affirmation from 8/17 stating that an SUP will not be needed. Although the above -mentioned case with the Zoning Department was more than likely an honest mistake, this may not be enough to persuade your board. I have also attached a letter from my architect, Paul Vanderwahl (attached as "Architect Letter"), a man who is very familiar with building and zoning codes through his 40+ years as an architect. Paul mentions in his initial points what I requested when he was designing the place, an establishment that is tailored to the "Drive-Thru" client base with a pick-up "To -Go" area for those without vehicles. Paul will tell you that he was surprised when I requested for a business to not cater to sit-in customers, but he understood after my explanation. We look to provide a quick service/sale business model leaving a lasting impression on our drivo-thru/to- go customer base, We do not want people to come inside as it is less profitable, and we do not wish for anyone outside of employees to congregate at our location, Most importantly, points 3, 4, and 5 in Paul's letter state the existing building is classified for Mercantile (M) Occupancy for the ENTIRE building. The A-2 occupancy classification for this project is permitted under IBC with a 2-hr fire rated demising wall simply separating it from an already occupied gas station. This is not new construction by any means, Just a First Time FIT Up for the existing building. We will be sub -metering all utilities from the owners. In other words, there is only one utility meter per utility service for the entire building. I will be directly paying the building owner for public utilities i.e. water, electricity, and sewer again because we are all on the same meter. So in addition to our hardship, the building's zoning classifications should also provide clear evidence as to why an SUP is not necessary for our business. Finally; my product supplier, Austin Johnson, and Zee Fareed, who owns the largest amount of locations in this industry in the State of Texas both wrote testimonials that satisfy the 1 st and 3rd variances found in this appeal. The two Variances are: -That the granting of the variance will not be contrary to the public interest The Public Interest concern is individuals congregating at out establishment. Zee Fareed mentions in his PP presentation "Over 99% of drinks sold at end -cap, drive-thru locations are consumed by the customer off the premise. We have strategically positioned and designed these stores in a way that over emphasizes the convenience of taking a daiquiri "TO GO," These sites are not bars, club, or lounges and minimalistic interior and lack of seating ensures that the customer sees it that way. " This testimonial can be found on slide 2 of the "Daiquiri Island Business Model Testimonial". Austin Johnson, the owner of MPACT Beverages and creator of the business plan CEHB Enterprises and Zee Fareed follow, mentions in his letter (Attached as "Supplier Letter") the following to satisfy this variance: "When consulting with a new start up customer one of the first points that I make is that the success and growth of this business is predicated on the convenience of a daiquiri "TO GO." I strongly advise that the operator overly positions it that way so that the customer clearly understands that this is NOT a bar/lounge establishment. In fact, on-prernises consumption in a small footprint location has proven to stifle sales by congesting the walk-up counter/ordering point It is in the operator's best interest to simply meet the TABCs minimal seating area requirements. That in combination of large signs emphasizing "TO GO" & Drive thru sends a clear message to the customer," -That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Our response found in this section of the appeal and in referencing Zee Fareed and Austin Johnsons' testimony above satisfies this variance. We truly do not wish for any congregation of our customer base inside the establishment and have designed the building this way (as referenced in Paul Vanderwahl's letter "Architect Letter"), while simultaneously satisfying the State of Texas and TABC's regulations of providing the bare minimum of indoor seating. To add the new TABC attestation (attached as TABC Attestation) now only requires that I provide adequate seating, It does not state that we must provide on -premise consumption. Finally, we ask the city representatives to visit our location m1their discretion to assure this Board, the City Council, and Zoning commission that wekeep our word. CEHB Enterprises, LLC. truly hopes this Board understands our predicament and why an SUP is NOT applicable for this location. Because of the initial confusion from the zoning department on 8/17/2021, we have now spent a significant amount of lion -refundable funds that would set um back years to start over again elsewhere. If this appeal is not Ananted, we would need to worry for almost 3 months whether or not we will even be granted anSUP and open abusiness adthis location. |fthe appeal isnot granted but enSUP [sin January, we would need to push our opening date back by at least 3 months, something we do not know if we can afford. We believe you will find the testimonials from our Architect, Supplier, and fellow Business owner as aDabsolute clarification o/this business type vveare bringing to Beaumont. We look forward to bringing new jobs to the area and donating a portion of our profits directly to the |ooe| onhoV|o in our area and to BeaumVnt's First Responders. We hope to be a beneficial addition to this community, and truly hope we have proved our wishes to follow all rules and regulations. | thank you for reading my appeal today and all attachment's and forms answered here within this packet. In closing, | would like to mention the reason behind the name Daiquiri Boom and our theme, This city was once the richest town in the state and competed on an economic level with New York City. The birthplace ofTexas may beDeer Park near the San Jac River, but the birthplace o[Texas's economic future was here in Beaumont; and I hope to remind its citizens of that. Should you have any questions or need any clarification, please feel free to contact me by reaching out via any form of communication in my signature below. Again, thank you, and may God bless Texas. Baptiste W. Brunner Founder &CEO CEHBEnterprises, LLC. (504)286'8847 1;j p;; x; �Ha 6 R 5 ----------- nj ------ ------------ - as ... .. ... ...... rcnm MRmumnMaRuguillill Will U I I I Ill I 1111111111 [Ill I I I f AlOUIRI St lot, n a P S \Z�111�11IAD 1, IOA lt-'" '1W N D r RWA L A KC H IT r CT 5 File PZ2021-404: To consider a request for an appeal of a determination made by an administrative official that a business allowing on -premise consumption of alcohol with a proposed seven (7) "bar stools" and four (4) table seats, not operating as an eating place, is determined to be a drinking place. Applicant: Baptiste Brunner 0 100 200 Location: 8180 Eastex Fwy, Suite B I I I I Feet orrICc 7/ySAWDUST ROAD /mx MAIL 35 xLucwGLEN vx/vc rncWOODLANDS rx77)«2 rnowc zo/>a+y//y ncu ww°.vonJcma|Arcki��t,,5zum EMAIL NancDoVacicler,,valAi-cllitCCt5.COM City ofBeaumont, Texas P|aRO|DQ Board ofAdjustment 801 Main Street, Beaumont, TX Re: Daiquiri Shop Beaumont. To Whom It May Concern. M[ Baptiste Brunner is in the process of obtaining a Building Permit from The City of Beaumont for his planned first-time Interior Fit -Up lease space at an existing building located aL815O Eostex Freeway, with his lease space address as81BO EasteXFreevvay, Suite B. Mr. Brunner, owner 0fthe [}a|qVih Shop, has asked me to write the following summary of the proposed use of his new business, as presented to me. These items are the basis on which the lease space was designed: Design m Daiquiri drinks services establishment, w|thhakc-out/ primarily drive -up, services, with nnin|rna| interior services and accommodations for cUStoOl8[6 beyond that mandated byTBACfor a BG Permit. The business plan is based on a rOOde| that dispenses sealed drinks at the drive -up Vv|Ddovv, in compliance VV|thl7\8C. This is more profitable, and safer for staff, than providing interior seating and serving. 2 Handling, and providing for interior serving is not desirable for this facility, yet is required under the TBAC B[S License. 3 The existing building was permitted with an M (Mercantile) Occupancy Classification for the entire building, The A-2Occupancy Classification for this projected TBAC-licensed facility and lease space is permitted under IBC with a 2-hr fire rated deDlis|ng VVaU separating it from the m|neody-occupied gas station convenience store located in the same building. This was provided for bythe building owner. v/\woI �' Kw� , A, � 11�cnnc( T� Vz 4 All utilities are already provided at the bU|N|Dg: electricity, water, sewer and gas, for sub -metering by the building owner. No new services are needed, only tie-ins. S The shell building was designed, and intended for, lease space occupancies. It must have been platted that way prior to Building Permit issuance. 7 Mc Brunner has been in contact with the kx]a| authorities as part of his p|aOD|Dg process to learn about/ and comply with, all City of Beaumont, as well as State Regulations. The Use for the b3DaDt lease space was presented as BG/ on/off premise consumption, He was informed that Do SUP would be required. b The plans were prepared, and Urncd, for occupancy and operations this year Now, during the Permit Process review, behas been advised that anSUP will berequired due to on -premise coOsU[Opt|uD aCc0DlD7OdatiODs (as called for hyTBA[). This condition was previously pneseDted. This will this prolong the approval process beyond that envisioned and planned for, resulting in unreasonable hardship for Mr. B[UDDe[' a business. If, as he sought Permitting advise atthe time, M: Brunner had been advised of the SUP being required, he vvoV|d have applied for this in a timely manner. Hopefully this summary will assist Mc Brunner in his respectful request for reconsideration by The City Of Beaumont for the recent n2quin9[DeDt for the SUP process, and the resulting delay, in the issuance of Building Permit. Respectfully, VANDERWAL ARCHITECTS VA348 City ofBeaumont Planning Board ofAdjustment vAwormvv*L uc|�|TccT* 2/2 To whom it may concern, My name is Austin Johnson and I'm one of the owners at Mpact Beverage. We are the leading supplier of Daiquiri to GO businesses in the state of Texas with over 150 daiquiri partners. We have over 30 years of experience in the daiquiri business on both the retail and vendor/supplier side have partnered up with Baptiste and Daiquiri BOOM to help bring an authentic Daiquiri TO GO experience to North Beaumont, I wanted to provide some insight into the Daiquiri To GO business model along with its positioning in the eyes of the customer/consumer. I've also included a firsthand testimonial from Zee Fareed who owns one of the largest Daiquiri to go chains in Texas and incorporates that exact same model. (see attached) Zee states that "over 99% of all drinks sold are consumed off the premise of the business." Whether its picked up through the drive thru or picked up thru take out, 99% of sales are to be consumed off premise. (attached is a master store list of the BG licensed Daiquiri Island locations) Also included is a series of other customer location photos and how they have executed the model with a matching footprint and layout as Baptiste's. (End cap drive thru of convenience store) When consulting with a new start up customer one of the first points that I make is that the success and growth of this business is predicated on the convenience of a daiquiri "TO GO." I strongly advise that the operator overly positions it that way so that the customer clearly understands that this is NOT a bar/lounge establishment. In fact, on - premises consumption in a small footprint location has proven to stifle sales by congesting the walk-up counter/ordering point. It is in the operator's best interest to simply meet the TABC's minimal seating area requirements. That in combination of large signs emphasizing "TO GO" & Drive thru sends a clear message to the customer. At the end of the day, this business provides a new, fun, and COVID 19 safe, Daiquiri TO GO experience for Beaumont area locals. This is the exact experience the Mr, Brunner hopes to bring to North Beaumont with your help and support. If you have any other questions about the business model or its positioning, please feel free to contact me directly by email or by phone. Thank you for your consideration. Kind regards, Austin Johnson Vice President of Sales & Partner com C - 832-260-2217 P - 832-559-8633 Ext. 102 9 I I IN IR wo I 9 U.1 tY tz UJ co 0 N E r z 0 Z 0 IA. 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