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HomeMy WebLinkAbout11-7-19 BAminutes * M I N U T E S * BOARD OF ADJUSTMENT November 7, 2019 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on November 7, 2019 and called to order at 3:02 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: Board Member Christy Amuny Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary, Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Jeff Beaver made a motion to approve the minutes for September 5, 2019. Alternate Board Member Smith seconded the motion. Motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 744-BA: Consider a request to allow Variances to the minimum front setback from 25 feet to 9 feet and to the minimum rear setback from 25 feet to 9.8 feet. Applicant: Stacey Martinez of Tegrity Homes Location: 3024 Grand Street Mrs. Josey presented the staff report. Stacey Martinez of Tegrity Homes is requesting Variances to the front and rear setbacks for the property located at 3024 Grand Street. Due to damage from Hurricane Harvey, the structure is being replaced. The lot is much wider than it is deep. The new structure is going to be built in the same position as the previous one, but will not meet the required front yard setback of 25’ or the required rear yard setback of 25’. The previous structure was grandfathered due to its age. 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 will not be contrary to the public interest; BOARD OF ADJUSTMENT November 7, 2019 B. That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. “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 by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property were shown. Twenty-two (22) notices were mailed within 200 feet of the subject property. One response was received in favor and no responses were received in opposition. A brief discussion followed regarding the depth and size of the lot. Ronnie Blume, Director of Tegrity Homes, addressed the board. Mr. Blume stated that they currently have eleven (11) plans approved by the General Land Office (GLO). Discussion followed regarding the carport. The homeowner, Ruth Trahan, 3024 Grand Street, addressed the board. Ms. Trahan stated that she needs a new home because her current home is not in very good shape. She added that she would like to keep the carport. No further discussion or other questions. Alternate Board Member Smith made a motion to approve the Variances to the minimum front setback from 25 feet to 9 feet to the minimum rear setback from 25 fee to 9.8 feet as requested for File 744-BA. Board Member Hilliard seconded the motion. Motion to approve carried 5:0. 2) File 745-BA: Consider a request to allow a Variance to the front minimum setback from 25 feet to 5 feet. Applicant: Wayne Sheffield Location: 7750 Chelsea Place Mrs. Josey presented the staff report. Wayne Sheffield would like to construct a carport in the front yard of his home located at 7750 Chelsea Place. The applicant is requesting a Variance to be able to build the carport approximately 5’ from his front property line. The applicant’s home currently has a garage. The Ordinance states in Chapter 28 Zoning, Area and Height Regulations: “(c) Area and height exceptions. 13) Where an existing residential structure does not contain a garage or carport and where there is not adequate area for an accessible parking space behind the front yard area, a carport having no side walls may be constructed in the front yard area.” 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 will not be contrary to the public interest; B. That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. “Unnecessary hardship” shall mean physical hardship relating to the property itself 2 BOARD OF ADJUSTMENT November 7, 2019 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 by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property were shown. Twenty-one (21) notices were mailed to property owners within 200 feet of the subject property. Four (4) responses were received in favor and no responses were received in opposition. Mrs. Josey stated that the applicant is requesting five (5) feet from the property line to add on a carport to his residence. A brief discussion followed regarding the length of the setback. The applicant was present. Wayne Sheffield, 7750 Chelsea Place, addressed the board. He stated that he drives a van and it will not fit in his garage. Discussion followed between Mr. Sheffield and the board regarding the carport. No further discussion or questions. Alternate Board Member Smith made a motion to approve the request for a Variance to the front minimum setback from 25 feet to 5 feet as requested for File 745-BA. Board Member Hilliard seconded the motion. Motion to approve carried 5:0. 3) File 746-BA: Consider a request allowing a Variance to the 6-foot-wide perimeter landscaping and islands/peninsulas required for off-street parking. Applicant: Mohammed Issa Location: 620/670 North Martin Luther King Parkway Mrs. Josey presented the staff report. Mohammed Issa is requesting a Variance to the landscaping requirements for 620 & 670 Martin Luther King, Jr. Pkwy. In April, 2019, a Stop Work Order was issued for work being done inside the building without permits. A permit was issued thereafter for that work only. In May, 2019, the applicant applied for and received a permit to “pour concrete over existing asphalt parking lot” at 620 Martin Luther King, Jr. Pky. Planning and Zoning does not approve or sign off on resurfacing only, when parking the lot is existing and no additional parking spaces are to be added. Subsequently, the applicant purchased the adjacent lots and proceeded to pour a new parking lot without permits. In Chapter 28, Zoning Ordinance, Sec. 28.04.006     Landscaping and screening requirements, states the following, “(3) An increase in the size of an existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section.” A Stop Work Order was issued in August, 2019, for pouring the parking lot without permits or inspections. It was at this time that the Planning and Zoning Department met with Mr. Issa to discuss the requirements for the landscaping according to the Ordinance. Mr. Issa is applying for relief from the landscaping requirements through the variance process. Listed below are the conditions which must be met in order to grant a variance request, calling attention to (B). The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: (3)     To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of said laws will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. The term “variance” shall mean a deviation from the literal 3 BOARD OF ADJUSTMENT November 7, 2019 provisions of the zoning ordinance which is granted by the board when strict conformity to the zoning ordinance would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted. Except as otherwise prohibited under subsection (j) \[(f)\] hereof, the board is empowered to authorize a variance from a requirement of the zoning ordinance when the board finds that all of the following conditions have been met: (A)     That the granting of the variance will not be contrary to the public interest; and (B)     That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. “Unnecessary handicap \[hardship\]” 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’s or property owner’s own actions; and (C)     That by granting the variance, the spirit of the chapter will be observed and substantial justice will be done. Slides of the subject property were shown. Discussion followed regarding landscaping and parking lot for the subject property. Mrs. Josey stated that concrete was poured over the entire lot without any permits. She added that a copy of the survey was included in the packet. There was no landscaping shown on the survey. Mrs. Josey passed around photos of car lots in the area. Mrs. Josey stated that there are two suites, Suite A and Suite B and she felt that the Stop Work Order was issued for Suite B. Inspections were also done for Suite B. Discussion followed regarding concrete overlay over asphalt on the parking lot. Mr. Beaver asked if landscaping was required. Mrs. Josey stated that landscaping is th required. The applicant was present. Mohammed Issa, 2903 19 St, Port Arthur, Texas, addressed the board. Mr. Issa stated that no CO (Certificate of Occupancy) was issued to him. He also explained in detail to the board the dilemma he faced regarding the two buildings. Mr. Issa stated he wanted to bring business to the area. Discussion followed between Mr. Issa and the board. Eighteen (18) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and five responses were received in opposition. Mr. Issa poured the concrete before he obtained a permit from the Building Codes department. He stated that it was a misunderstanding from the Engineering department. Board Member Rowe stated that the Engineering department does not address landscaping issues. More discussion followed. Shawn Javed, 2290 Avalon, addressed the board. Mr. Javed spoke in favor of the request. The board held a discussion amongst themselves. Board member Rowe made a motion to deny the request allowing a Variance to the 6 foot wide perimeter landscaping and island/peninsulas required for off-street parking as requested for File 746-BA. Board Member Hilliard seconded the motion. Motion to deny the request carried 5:0. 4) File 748-BA: Consider a request allowing a Variance to the rear minimum setback from 25 feet to 6 feet. Applicant: Willie Carrierre Location: 4240 Inez Street 4 BOARD OF ADJUSTMENT November 7, 2019 Mrs. Josey presented the staff report. Willie Carrierre is requesting a Variance to the rear setback for the property located at 4240 Inez Street. The applicant is the homeowner and is applying for the variance in order to add a two-car garage to the back of his residence. The proposed addition is 52 feet long and will actually be built higher than the original structure to prevent water from sitting on the property. Mr. Carrierre’s property backs up to a railroad track to the west, therefore an easement exists in the rear yard approximately 50 feet beyond said property line. 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 will not be contrary to the public interest; B. That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. “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 by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property were shown. Twenty-three (23) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and no responses were received in opposition. The applicant was present. Willie Carrierre, 4240 Inez, addressed the board members. Mr. Carrierre passed a photo around to the board. He stated he wishes to make his home his retirement home. He added that he elevated his backyard to eliminate any standing water. A brief discussion followed regarding ditch and vegetation property line. Alvin Husband, concrete contractor for the applicant, addressed the board. Mr. Husband explained to the board what he intends to do to the residence. A brief discussion followed. No further discussion or questions. Board Member Beaver made a motion to approve the request to allow a Variance to the minimum rear setback from 25 feet to 6 feet as requested for File 748-BA. Board Member Smith seconded the motion. Motion to approve carried 5:0. 5) File 749-BA: Consider a request to allow a Variance to the front minimum rear setback from 25 feet to 15 feet. Applicant: Ashraf El Houbi Location: 10 Stonebrook Court Mrs. Josey presented the staff report. Ashraf El Houbi is requesting a Variance to the rear setback for the property located at 10 Stonebrook Court. The property is zoned RM-H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback. The applicant is the homeowner and is applying for the variance in order to fit a new construction home on the lot. 5 BOARD OF ADJUSTMENT November 7, 2019 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 will not be contrary to the public interest; B. That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. “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 by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property were shown. Fifteen (15) notices were mailed within 200 feet of the subject property. No responses were received in favor or in opposition. The applicant was present. Ashraf El Houbi, 4720 Fieldwood Lane, stated that he needs a bigger residence to suit his family size. He added that this is the reason that he is asking for the Variance. No questions or discussion. Board Member Hilliard made a motion to approve the request to allow a Variance to the minimum rear setback from 25 feet to 15 feet as requested for File 749-BA. Board Member Smith seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:31 p.m. 6