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HomeMy WebLinkAbout3-7-19 BAminutes * M I N U T E S * BOARD OF ADJUSTMENT March 7, 2019 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on March 7, 2019 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Alternate Board Member Tom Rowe Alternate Board Member Lee Smith Board Members absent: Alternate Board Member Christy Amuny Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary, Tyrone Cooper, City Attorney APPROVAL OF MINUTES Alternate Board member Rowe made a motion to approve the minutes for February 7, 2019. Alternate Board member Smith seconded the motion. Motion to approve the minutes carried 5:0. A correction was made for 736-BA. The motion failed to approve 2:3 (Timaeus, Beaver Rowe). Chairman Timaeus made a motion to approve the minutes as amended. Board member Beaver seconded the motion. Motion to approve amended minutes carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 737-BA: Consider a request for a Variance to the minimum front setback in an RS (Residential-Single Family Dwelling) District from 25’ to 18.29’. Applicant: Hieu Dang Location: 8325 Morgan Lane Mrs. Josey presented the staff report. In May of 2013, a permit was issued to construct a garage at 8325 Morgan Lane. In December 2016, the permit was renewed and final inspections were approved later that month. In June 2017, it was discovered that the building had doubled in size and it was framed for a dwelling. A stop work order was issued. At a subsequent inspection, in spite of the stop work order issued, work had been completed. As a detached garage, the setbacks would have all been from side and rear property lines. City ordinance allows for a 2.5’ setback from side and rear property lines for a detached accessory BOARD OF ADJUSTMENT March 7, 2019 structure in a residential zoning district. As a residence, the structure has a required minimum front setback of 25’. The existing structure sits 18.29 feet from the property line. There are multiple issues with this property. This second house creates a multi-family dwelling on a single family zoned lot. A plat has been submitted to divide the property allowing each structure its own lot. For the plat to be approved, a Variance must first be approved for the front setback of the new residence. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Slides of the subject property were shown. Nine (9) notices were mailed to property owners within 200 feet of the subject property. None were received in favor or in opposition. Mrs. Josey stated that the dwelling was built with neither permits nor plans submitted to the City of Beaumont. She also stated that a stop work order was issued and the applicant, Mr. Dang’s contractor, continued to construct the home. The dwelling was initially a garage that was converted into a house. Discussion followed between Mrs. Josey and the Board. The applicant was not present. James Faust, representing Faust Engineering, 2525 Calder, addressed the Board. Discussion followed. Mr. Faust stated that the son of the land owner hired their firm (Faust Engineering) to seek a variance for the property. He stated that requesting a variance was the only feasible way to rectify the issue. More discussion followed regarding accessibility to the property and solutions were suggested so the applicant could possibly keep the dwelling. The Board further discussed the request amongst themselves. Board member Beaver asked since the applicant was not present and could not state his case, can he be allowed the opportunity to present his request before the Board a second time. Attorney Tyrone Cooper stated that the decision is based on whatever the Board decides. He also suggested to the Board that they could choose to table the request and allow the applicant to speak on behalf of his request. Chairman Timaeus stated that the applicant is allowed ten (10) days to appeal the decision. Chairman Timaeus asked Mr. Faust to relay the message to the applicant that if he would like the request to be heard again, he needs to make the request within the time period that is given. Further discussion followed regarding whether or not the contractor is licensed and bonded with the City of Beaumont. Board member Rowe made a motion to deny the request for a Variance to the minimum front setback in an RS (Residential-Single Family Dwelling) District from 25’ to 18.29’, as requested for 737-BA. Board member Hilliard seconded the motion. Motion to deny the request carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:36 p.m. 2