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Home My WebLink AboutPZ2022-18DATE: February 3, 2022 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: To consider a request for a Variance to reduce the perimeter landscaping buffer and eliminate the required trees to the rear property line. FILE: PZ2022-18 STAFF REPORT Charles 5hajahis|nthe design oheseforaoewvconvenienoestometobeNcatedat4797K4a0mo|io Avenue. A portion of the west property line is adjacent to an RM-H (Residential Multiple Family — Highest Density) district, The Zoning Ordinance requires a 10' landscaped buffer between commercial developments and residential zoning districts. The applicant claims the proposed building will have an exterior depth of40', whiich will make the Kntedor2Sy. If the residential landscape buffer is required then they will have to encroach into the required spacing for proper traffic flow. Therefore, esdisplayed onthe site plan provided, Mr. Sh jari requests aVariance tothe residential perimeter landscape buffer for the portion of the west property line adjacent to RM-H to be reduced from 18'to5'and toeliminate the required trees within it. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance wilt not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of excephooa|narroVvneys she[|uvvneos shape topography nrother extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property inquestion. "Unnecessary hardship" shall mean physical hardship relating tothe property itself as distinguished from a hardshiip relating to convenience, financial considerations orcaprice, and the hardship must not result from the applicant orowner's actions; and Q That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done, Exhibits are attached. Notices mailed to property owners 25 Responses }mFavor _____. Responses imOpposition GENERAL INFORM,ATION/PUBLIC UTILITIES APPLICANT: Charles Shajari for Naeem Akhtar PROPERTY OWNER: HAFFAN INC LOCATION: 4797 Magnolia Avenue EXISTING ZONING: GC -MD (General Commercial Multiple -Family Dwelling) PROPERTY SIZE: 0.643 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: "Shaded X" - Areas determined to be Outside the Special Flood Hazard Area between the limits of the base flood and the 0.2% annual -chance flood SURROUNDING LAND USES:! SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial Multiple -Family Dwelling) EAST: Commercial GC -MD SOUTH: Vacant GC -MD WEST: Residential GC -MD &RM-H (Residential Multiple Family Dwellfing- Highest Density) COMPREHENSIVE PLAN: Conservation & Revitalization Area STREETS: Magnolia Ave —Seconclary Arterial Street with a 62' Right-of-way and a 48' pavement width E Lucas Dr — Secondary Arterial Street with a 69' Right-of-way and a 42' pavement width DRAINAGE: Curb & Gutter WATER: 12" water line SANITARY SEWER SERVICE: 20" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' ARBEN REAL ESTATE LLC WALTER PRESTON ARISEN REAL ESTATE LLC DAVIS RONNIE GLENDELL SR NAZS ENTERPRISES INC RESENDIZ NESTOR & HERLINDA GREEN ASHLEY JAMIL AKEEL HAFFAN INC SINGH HARVINDER LAN'DRY ANTION'ETTE GARCIA ELIJIO & MARIIA DOLORES GLOBAL ONE ENTERPRISES GLOBAL ONE ENTERPRISES MATTHEWS FREDDIE ARBEN REAL ESTATE LLC ROY DONNA OWENS LARRY FERNANDEZ MARCELLA BATISTE ANDREW THIBODEAUX JUKE PEOPLES KATHY HEBERT DELAM RUFF J'AMIL MUHAMMAD AKEEL BEAUMONT 1ST KOREAN UNITED METHODIST B EAU M I N T Planning & Community Development Case Type -Planning and Zoning Case Status,. ACTIVE Case Sub Type: Variance Tag Name: Waive resi landscaping requirement Case M PZ2022-18 Initiated On: 1/12/2022 11:45:02AM Location: 4797 MAGNOLIAAVE, BEAUMONT, 77703 Individuals listed on the record: Applicant Naeem Akhtar Home Phone: Missing Address, City, State, or Zip Code in People Work Phone: Cell Phone: 409-553-3173 E-Mail: akhtarnaecm108@yahoo.com Agent Charles Shajari Home Phone: 409-351-2601 87 Interstate 10 N Suite 115 Work Phone: Beaumont, TX 77707 Cell Phone: 409-351-2601 E-Mail: benchmarklggO@gmail.com Property Owner Naeem Akhtar Home Phone; Missing Address, City, State, or Zip Code in People Work Phone: Cell Phone: E-Mail: Legal Description Lot 5A7 &8 Blk 2 Hegele Addition Type of Variance: That the granting of the variance will In order to develop this project within the standard requirements, we not be contrary to the public interest need the 24' back-up drive for egress to the canopy for vehicles in/out from the site. Therefore, requesting to grant this variance from 15'to 5'as shown on the site plan. This will not affect the public interest. That literal enforcement of the Since the building's exterior is 40', it is not fuctional to reduce the ordinance will result in unnecessary depth with the interior hardship of the building which will be less than 25'. Therefore it is necessary to have the required spacing for this development. See attached site plan for clearification. That by granting the variance, the By Granting this, approval, we would like to move forward with our spirit of the ordinance will be observed development and reflect and substantial justice will be done the needed 101' area for the egress requirements. Notes: Case Type: Planning and Zoning Page 1 of I Case#: PZ2022-18 Printed On: 1/20/2022 Magnolia Mini -Mart 4797 Magnolia Street Beaumont, 'I I X 77703 January 12, 2022 Dear Board Members, Requesting the Board of Adjustment to wave the parameter landscaping buffer on the rear - of the property to comply with the standards development for proposed Mini -Mart Store, We need the 24' back-up drive from parking lots for egress to the canopy travelling vehicles inJout and fire truck from the site. Therefore, it is necessary to have this approval to proceed with our proposed development. Respectfully submitted, �� X414f,40, Nacem Alchtar, Property Owner 4 00 ell D eCAa'�'" #" c A5 x` a Ha \ 1 I V ti T-IN6 m ""... ..•✓'. ,.; `' '... ,:m,X,.b`,, ,.,,., IS, Magnolia Mine- Mart r, " —� 4797 Magnolia Street , Beaumont, TX 77703 z m %V--, ,_da T 2C',, 5 PET- STORE Magnolia Mink Mart (n 4797 Magnolia Street Beaumont, TX 77703 L-E,-INT; —NAEEM AKHTAR GF#: —... 120001,38 — I TA" LEGEND -0- = POWER POLE --- - OVERHEAD ELECTRIC 91 - MANHOLE 9A - - ELECTRIC METER A/C If = AIR CONOITIONER (D- INTERIOR ANOLE rO ET' CORNER ANGtE, kF FOUND I,. -FOUND. I. STEM PIPE Dinciarriom or sea eft LOCAIE COMERS AHD-' HOW L 4PROVINENTS Kwirroft's cnmntArox� TO THE UENHOLDERS AND/OR THE OWMS OF TIE PREWMES SURVEYED AND To APO NATIONAL TM.E 11MVIbuieg WUpANY The under,lang4 does hereby certify that this =.;N (her TIA dmirxde on the g,.-4 of the p,. ety 1. 4PU�y de�fbe& h-4. and FA correct„ and that " "a As df--Panclft, shortages in 4"*. each t.. ever.4chments. or --Upf% at & --L. except ou h.- her-ft, and that ,aid pr*PaKy has a-.- to and tn. . d.dle4w —Away. Dated WA7 The shows treat being located at -i727-MA2IQL1A A tl tMONT, 'E'AS 77"J..., and being described ex, IOTC 5 fi 7A IL III= 2REGFIF 611DIDW as recorded In Volume 3 , Page f the MAP Records at --AZE)QMQt1- County, exas. In accordance with the flood Insurance Rate Map of the Federal L, T " triencyMansfament Agency, map reference shown, the subject tract ties In the flood zone noted. Location on map was determined by scale. Actuat Reid elevation not determined, unless requested. SOUTEX SURVEYORS. Inc. does not warrant nor subscribe to the acouraor or scale of said map. This survey is certified for this transaction only; It Is not transforablo to additional institutions or sub3equen owners. SET *X' MARK IN CONC, 1111-JE COMMItMENT EFFECTIVE: t2/9/1:6] ANTHONY CLEGER REGISTERED PROFESSIONAL LAND S VEYQR,-VF I FELLA Flood 2onai X & X SHADED SURVEYORS NOTES fflo I ANTHONY M. LEGER Community Panel NU.: Panel Date:.... 0/6/02 Project NO. 16-305 5481 'c'esslo SIW 0= S SURVEYORS & ENGINEERS ri Av 67 42 �4 F-409.W.2003 Drawn By: ile PZ2022-18: To consider a request for a Variance to reduce the perimeter landscaping buffe nd eliminate the required trees to the rear property line.. iplicant: Charles Shajari for Naeem Akhtar cation: 4797 Magnolia Avenue 0 100 200 L.- . I I I Feet