Currently, the property is vacant and it’s zoned as commercial. In the staff report, it reads; “The applicant is requesting a masonry variance on a proposed restaurant along the Garth Road Corridor. The property is vacant and the current use is commercial. Running concurrently with this request is a request for a minor plat to subdivide this 2.3-acre tract into two commercial parcels. The City of Baytown has minimum requirements for masonry on all exterior elevations of non-residential structures consisting of 80% coverage for the front of the building and 50% for all other sides. The Cotton Patch Cafe has requested to deviate from the ordinance leaving only 49% of approved masonry materials on the front elevation, 36% on the rear elevation, 30% on the north elevation, and 25% on the south elevation, to allow for the Cotton Patch Cafe branded exterior. Their desire is for all of the stores being built across the state to have this same look and feel and to accomplish this they have to deviate from the ordinance. In efforts to compromise, additional landscaping has been proposed within the front landscaping beds to act as an added buffer in place of these masonry reductions.” The staff report continues; ” Is not a hardship of the applicant’s own making. The request is complete of the applicant’s own making. The only variation is that the branding for the company is specific and the applicant would like for it to be maintained. Does not adversely affect adjacent land uses and the physical character of uses in the neighborhood in which the exception is sought because of inadequate buffering, screening, setbacks and other land-use considerations; The requested variance would not adversely affect the adjacent land uses as they are all commercial properties or vacant land. All properties would have similar setbacks and physical characteristics; however, would not match the masonry content as represented by other developments on Garth Road frontage. Does not adversely affect property values of adjacent properties in any material way and will improve the property value of the property for which the exceptions are sought; This development will have an undetermined impact to the property values in the surrounding area. It could be assumed that since the land use is in line with the governing zoning district that the property values would be maintained. The occupation of the property shows that they want and need for a restaurant along the heavily traveled corridor is in demand and the thought that an owner’s intent would be to retain and build wealth on its investment, Furthers the goals and vision of the city as set forth in the comprehensive plan, the vision statement, and an applicable neighborhood plan or redevelopment plan adopted by the city council; The proposed development does further the goals and vision of the city set forth in the comprehensive plan, the vision statement by bringing new development and improvements to our existing commercial corridor. However, the request for reduced masonry could be viewed that it is not meeting our overall goals of a specific Citywide image and improved selection of building materials, Is generally consistent with the purposes and intent of this chapter; Section 1-1states; “The purpose of the Unified Land Development Code is to promote the health, safety, and general welfare by promoting safe, orderly and economically sustainable development. The provisions herein are intended to further the goals and objectives of the city’s comprehensive plan” This proposed development has neither effect on the health, safety and general welfare nor any effect on orderly and economically sustainable development. This scope of this development will only really have an impact to the subject site, Is needed as special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same district and are not merely financial; It is difficult to assess if the request is merely financial. However, there does not seem to be any peculiarity to the property or land itself that would warrant the request. The requirement for masonry content and specific architectural or articulations vary from jurisdiction to jurisdiction,
Is necessary as literal interpretation and enforcement of the terms and provisions oft he dimensional standards would deprive the applicant of rights commonly enjoyed by landowners in the same district and would cause an unnecessary and undue hardship; The literal interpretation of the code would still allow the restaurant to be built and operate; however, with some minor modifications to its outside look, Is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this chapter and would result in substantial justice; The minimum action necessary for the proposed development is to adjust the material content to meet the required amount of masonry which would retain the same style and brand qualities. This action would not be contrary to the public interest and would carry out the spirit of this chapter and would result in substantial justice. and Will bring the existing and proposed structure closer to compliance with this chapter or will otherwise improve or enhance public health, safety or welfare. The proposed masonry reduction request does not bring the structure into closer compliance of the ordinance and the request is inconsequential to this chapter or the improvement or enhancement of public health, safety and/or welfare. The BOA said that they have plans on revisiting this at a later date after the construction crews said; “we’re willing to work with the City in build designs.”
Currently, the Cotton Patch has 55 locations in several states. Will we see the Cotton Patch Cafe in Baytown? Time will only tell.
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