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Home My WebLink About12-6-18 BA Minutes*MINUTES* BOARD OF ADJUSTMENT December 6, 2018 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on December 6, 2018 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Alternate Board Member Christy Amuny Alternate Board Member Tom Rowe Alternate Board Member Lee Smith Board Members absent: Board Member Joey Hilliard Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary, Tom Duesler, Asst. City Attorney APPROVAL OF MINUTES Board member Beaver made a motion to approve the minutes for September 6, 2018. Alternate Board member Smith seconded the motion. Motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 732-BA: Consider a request for a Special Exception to reduce off-street parking requirements. Applicant: Christy Alkire Location: 8080 Eastex Freeway Mrs. Josey presented the staff report. Christy Alkire has applied for a special exception to waive off-street parking requirements for the property at 8080 Eastex Freeway. Special exception (c.) allows a waiver to off-street parking when the Board finds the same is unnecessary for the proposed use of the building for which the request applies. The applicant would like to open an Escape Room at this location. This operation will accommodate small, pre -scheduled groups. By strict compliance with the City of Beaumont zoning regulations, the use would require 49 parking spaces. There are 17 spaces available for the property. The applicant states that a maximum of 16 parking spaces would be needed at any given time. BOARD OF ADJUSTMENT December 6, 2019 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. Discussion followed between Mrs. Josey and the Board regarding parking. Discussion followed among the Board members. Chairman Timaeus stated that he thought the calculations of the parking spaces are based on the floor plan and square footage of the building. Seven notices were mailed to individuals within 200 feet of the subject property. None were received in favor or in opposition. The applicant was present. Ms. Christy Alkire, owner of the business the Escape Room addressed the Board. Ms. Alkire described the nature of her business as well as the layout plan. She stated it will consist of three game rooms with a maximum of eight players per room. She also intends to employee two individuals. Mr. Doyle Osborne stated that she is leasing the property from him. She stated the maximum number of spaces she would need is only sixteen (16) spaces. Discussion followed amongst the Board members. The Board members were contemplating tabling the case. Board member Rowe made a motion to approve the request for a Special Exception to reduce off-street parking for the front building only. The building faces Eastex Freeway and is approximately 2,940 square feet as requested for File 732-BA. Alternate Board member Smith seconded the motion. Motion to approve carried 5:0. 2) File 733-BA: Consider a request for a Variance to the minimum required rear setback from 25' to 12' . Applicant: Tommy Saleme and Rick Davenport Location: 3865 West Pointe Drive Mrs. Josey presented the staff report. Tommy Saleme & Rick Davenport have applied for a variance to the minimum rear yard setback for the property at 3865 West Pointe Drive. The property is zoned RM-H (Residential Multiple Family Dwelling - Highest Density) and t$crefore requires a 25 foot rear setback. In 2007 a plat was filed for Pointe' Park, a cluster housing development. As the market quickly changed, so did the demand for housing. In 2011 and 2013, several replats were filed creating standard single family lots for the west half of the original subdivision. These new single family lots vary in depth, some are 110 feet deep, and some are 120 feet deep. The lots in question are 110 feet deep. Minimum lot depth for RM-H districts is 100 feet, so the minimum lot depth is not an issue. At least one house has been built, to code, on one of the 110 foot deep lots. Mr. Saleme has purchased two (2) of the 110 foot deep lots with plans to construct a new home across the two (2) lots. He claims that the lot is not deep enough to construct the home he desires. He would like to push the structure back on the lot to create a greater front setback, allowing a 40 foot setback from the front property line as opposed to the minimum 25 foot front yard setback. In doing so, he would need to reduce the rear yard setback from the required 25 feet to 12 feet. 2 BOARD OF ADJUSTMENT December 6, 2018 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Discussion followed between Mrs. Josey and the Board. Chairman Timaeus asked if the Planning Commission approved the Replat or a Rezoning. Mrs. Josey responded that the replat was approved but it was not rezoned. Eighteen (18) notices were mailed to individuals within 200 feet of the subject property. No responses were received in favor or in opposition. Mrs. Josey stated that she received a bulk of notices stating that they no longer owned the subject property. The applicant was present. Slides of the subject property were shown. Mr. Rick Davenport, Code Official for the applicant's property addressed the Board. He stated he volunteered to help Mr. Saleme and that Mr. Saleine purchased two lots. Mr. Davenport added that Mr. Saleme's wife is handicapped and is building a handicap accessible home for her. Discussion followed amongst the Board members. Discussion followed regarding the garage, Mr. Davenport stated that the garage is not detached. More discussion followed regarding the water line easement. Board member Amuny made a motion to approve the request for a Variance to the minimum required rear yard setback from 25' to 12' as requested for File 733-BA. Alternate Board member Smith seconded the motion. Motion to approve carried 4:1 (Rowe - abstained). OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:04 p.m. I ABSTENTION ION A FDDAVIT THE STATE OF TEXAS § COUNTY OF JEFFBRSON § I i �►c�s-r�ay► . as a member of the ty Council, con : I, and/or or board) make this affidavit and hereby on oath state the followiand/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision'of the (City Council, commission, or board) as those terms are defined in V.T.C.A., Local Government Code, §171,002, The business entity is: (Name) (Address) C%" or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons; (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) . gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree of blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. 'tea Wfft(� P f Owes filing o this avit with the City Clerk, I that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of , 20. Signature o£ Official Title BEFORE NE, the undersigned authority, on this day personally appeared'fM �i and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this Aay o )201. r - �iuw wr �FRAN M. MALvo o Public in and for the Sia#e of Texas Notary ID #~ 1 t294048 My Commission Expires s,,. _ .,5 December 15.2020 . 1�. :, j .'tee i•i . ; ,..4•, . , � �,; 4•. �nd � 0 {' �V ��,,,,er.. ,4aR�.. Iii,I1,�S''.; i 4�, 77,V i �� 1� ll',4. '.I i' ...��, -