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Home My WebLink AboutPZ2022-18 (02)DATE: March 3, 2022 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: Toconsider arequest for aVariance toreduce the perimeter landscaping buffer and eliminate the required trees to the rear property line. FILE: PZ2022-18 STAFF REPORT This case was tabled from the February 3, 2022 agenda by the applicant due to quorum size. Charles Shajari is in the design phase for a new convenience store to be located at 4797 Magnolia Avenue. A portion of the west property line is adjacent to an RM-H (Residential Multiple Family — Highest Density) district. Asdisplayed amthe site plan provided, Mr. 8h 'orinequestsaVeriaocatnthe residential perimeter landscape buffer for the portion of the west property line adjacent to RM-H to be reduced from 10"toS'and toeliminate the required trees within it. Staff discovered this property received anapproved Variance |n1982 for the rear yard setback iobe reduced from 10'to0/. Please see the official certification ofBoard ofAdjustment decision aaa reference. In 2000, Council adopted Sec. 28,04,006 landscaping and screening requirements which require a 10' landscaped buffer between commercial developments and residential zoning districts. The applicant claims the proposed building will have onexterior depth of40',leaving 25' ofretail space inside the building. If the residential landscape buffer is required then they will have to encroach into the required spacing for proper traffic flow within the parking lot, The applicant shall have the burden mfproof todemonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; EH That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography prother extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property imquestion. "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 actions; and C\ That bygrantinig the variance, the spirit of the ordinance will be observed and substantial Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 25 Responses in Favor Responses in Opposition LEGAL DESCRIPTION Being Lots 5-8, Block 2 out of the Hegell,e Addition, Beaumont, Jefferson County, Texas, containing 0.643 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Charles Shajad 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 Dwelling- Highest Density) COMPREHENSIVE PLAN: Conservation & Revitalization Area STREETS: Magnolia Ave — Secondary 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: PROPERTY OWNER NOTICES SENT WITHIN 200' ARBEN REAL ESTATE LLC WUALTER PRESTON ARBEN REAL ESTATE LLC DAVIS RONNIE GLENDEILL SR NAZS ENTERPRISES INC RESENDIZ NESTOR &. HERLINDA GREEN ASHLEY JAMIL AKEEL HAFFAN INC SINGH HARVINDER ,r iirLr_TkW§ f GARCIA ELIAO & MARIA DOLORES GLOBAL ONE ENTERPRISES GLOBAL ONE ENTERPRISES MATTHEWdS FREDDIE ARBEN REAL ESTATE LLC ROY DONNA OWVENS LARRY FERNANDEZ MARCELLA BATISTE ANDREW THIBODEAUXJUNE PEOPLES KATHY HEBERT DELAM RUFF JAMIL MUHAMMAD AKEEL BEAUMONT 1ST KOREAN' UNITED METHODIST 20" sanitary sewer line Case Type:Planning and Zoning Case Sub Type: Variance Case M PZ2022-18 Location: 4797 MAGNOLIA AVE, BEAUMONT, 77703 Individuals listed on the record, Applicant Naeem Akhtar Missing Address, City, State, or Zip Code in People Agent Charles Shajari 87 Interstate 10 N Suite 115 Beaumont, TX 77707 Property Owner Case Status: ACTIVE Tag Name: Waive resi landscaping requirement Initiated On: 1/12/2022 11:45:02AM Home Phone: Work Phone: Cell Phone: 409-55,3-3173 E-Mail: akhtarnaeem108@yahoo.com Home Phone: 409-351-2601 Work Phone: Cell Phone: 409-351-2601 E-Mail: benchmarkl990@gmail.com Naeem Akhtar Home Phone: Missing Address, City, State, or Zip Code in People Work Phone: Cell Phone; E-Mail: Legal Description Lot 5,6,7 U 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 10' area for the egress requirements. Notes: Case Type: Planning and Zoning Page I of I Case #: PZ2022-18 Printed On: 112012022 Magnolia Mini -Mart 797 Magnolia Street Beaumont, TX 77703 January 12, 2022 Dear Board Members, Requesting the Board of Adjustment to wave the parameter landscaping buffer- ari the rear of the property to comply with the standards development for proposed Mini -Mart Stone. We need the 24' back-up drive .from parking lots for egress to the canopy travelling vehicles inlout arid fire truck from the site. Therefore, it is necessary to have this approval to proceed with our proposed development.. Respectfully submitted, 4 A go, �,X 0, aeCm Akhtar, Property Owner ZO om 6iaw map, 8.Z'O'M !�z 77N 6 PAR (SI X C, ti X40 a Of NO, Lb 41 M8 'A AO Magnolia Mini- Mart 4797 Magnolia Street 47) Beaumont, TX 77703 Z M , 11 E V1,. Ml,,i RET IL STCCE, ISO Magnolia Mini- Mart 4797 Magnolia Street Beaumont, TX 77703 CLIENT: SEEM AKHTAR GF#: ----12aQQLN— age C end TMK LEGEND -0- ®: POVkR POLE — - O%ERHFAO ELECTRIC E3 - MANHOLE < 51; Em- - MCTRIC METER tn A/C III = AIR CONOMONFR r N (2)ft LUTERWR ANGLE SCAM- I' - 30' 7�5 �11 SET *)r MARX IN CONC - - Nl� KW Ap 3 car FOUND ftl�2' N STEEL SOTEENLO I'll E bescomnom or summ 0rATE CORNERS W19MQ SHOW IMVIRUEMENts su"vW3 cmanCATla; TO = LDENHOLDERS AND/Olt 111W OWKM OF TM PPMES mmm AND Po M NATIONAL 7ME D(SUMCE 0011PANY The -der,taned does here�l r=th on th67...d of the deSeribed h .... nod and trimthere — a dutrepthcIes U, datfoat%mtt, Or --%Q=vements except se 00,en hereom and that ..Jd PrOPOILY h- 4000.. to .44 from . J.dl-td rosdw.y, D.td _j,6M7, The above tract being located at-AZ2Z-MA00UA AVEnuLjff.&)-momL TExAS 77703 and being described as LOTS S. E. 1 & R. At OUL2_8EGELE AD191i as recorded in Volume 3 , Pagg(s) 150 of the --- MAP-- �trda of JEFF SON County, Taxes. In accordance with the Flood Insurance Rate Usp of the Federal Emergency Ilanallemant Agency, Map retv"coce shown, the subject tract 11" In the flood gone noted. Location on map was detormired by scale. Actual field al"ation not determined, unless requested. SOUTEX.SURVEYOR% lac, does not warrant nor subscribe to the ac*urA*y or scale of said map, This vurvay Is certified for this Lravasetion only; It Is not transferable to additlonat InatiLutlom or subsequent Owners. TITLE COMMITMENT ANTHONY 61--LE EFFECTIVE: 12/9/16 _GER REGISTERED PROFESSIONAL LAND S vqI FEWA Flood SURVEYORS MATES X D = A ��Community R Panel 1(0.: ........ -ANTHONYEG 57-015& ER48540-C ....... 5481 3737 Dncto. Drive Panel Date: -A&/02- OUTEX a PoAah.T—.7764 " 2 < .. - R- Project No, 16-1095 SURVEYORS &ENGINEERS T.1400.083.20)4 Fa 4C9. 983.200.5 1, '�'Csz%C) Drawn RL., , rve'p— OFFICIAL CERTIFICATION OF BOARD OF ADJUSTMENT DECISION This will certify that on APRIL 12, 1982 the (date) Board of Adjustment approved by a vote of S, to a request by W.H. WATKINS for a (applicant) variance from Section 30-37 E 2b) of the City Code for property located at 4795 MAGNOLIA The applicant is given 10 days to appeal a denial of this deci- sion commencing upon APRIL 13, 1982 (date) APRIL 12, 1982 Signature of Chairman (date) Board of Adjustment ATTEST: Commission expires File PZ2022-18: To consider a request for a Variance to reduce thie perimeter landscaping buffer and eliminate the required trees to the rear property line. Applicant: Charles Shajari for Naeem Akhtar Location: 4797 Magnolia Avenue 0 100 200, 1 1 11 1 1 Feet