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HomeMy WebLinkAbout1-5-17 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT January 5, 2017 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on January 5, 2017 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Kelli Maness (arrived at 3:01 p.m.) Board Member Mary Jowers (arrived at 3:03 p.m.) Alt. Board Member Lee Smith Alt. Board Member Tom Rowe Board Members absent: Board Member Joey Hilliard Alt. Board Member Christy Amuny Also present: Adina Josey, Planning and Zoning; Fran Malvo, Recording Secretary, Tyrone Cooper, Senior City Attorney APPROVAL OF MINUTES Board Member Beaver made a motion to approve the minutes from the December 1, 2016 regular meeting. Board Member Smith seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 713-BA: Consider a request for a Variance to perimeter landscaping requirements. Applicant: Soutex Surveyors & Engineers Location: 1480 Interstate Highway 10 Mrs. Josey presented the staff report. Soutex Surveyors & Engineers is requesting a variance to the perimeter landscaping for 1480 Interstate Highway 10. The owner, Chaudhry Bashir, states that there is insufficient room for vehicles to maneuver in front of the fuel island along the Interstate Highway 10 right-of-way as is. If even three (3) feet of the concrete must be removed, access will become limited. TXDOT (Texas Department of Transportation) has agreed to a required sidewalk, but will not allow any of the required landscaping on the Highway right-of-way. Mr. Bashir would also like a variance to the landscaping along M.L. King Parkway, south of the driveway due to the location of the fuel island. The Beaumont Zoning ordinance sates: BOARD OF ADJUSTMENT January 5, 2017 Perimeter requirements. (A) A landscaping edge or buffer shall be required along each side of a parking lot that faces towards a public right-of-way. (B) The landscaping edge shall be no less than six (6) feet wide and may use up to three (3) feet of the city public right-of-way, if unused and available at the time of permitting. (C) The landscaping edge shall be for the parking lot’s entire length. (D) The landscaping edge shall contain no less than one (1) class A tree or two (2) class B trees for each twenty-five (25) lineal feet or fraction thereof of the edge. (E) The required trees may be located anywhere within the six (6) foot landscape edge with a minimum of ten (10) feet apart for class A trees and a minimum of five (5) feet apart for class B trees. Refer to definitions on tree size. (G) A screen no less than three (3) feet height comprised of a wall, solid fence, berm, or plant material or combination of shall be provided along the entire length of the landscaping edge or buffer, if any part of the landscaping edge is within ten (10) feet of the right-of-way. The screen does not have to be straight with the street or parking edge. Slides of the subject property were shown. Twenty-five (25) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and none were received in opposition. Discussion followed between Mrs. Josey and Chairman Timaeus. Katrina Purcell representing the City of Beaumont’s Planning and Zoning Division addressed the Commissioners. Discussion followed regarding landscaping requirements. Mrs. Purcell stated that when she went to inspect the property, it did not coincide with what was on the original site plans. She also stated that because two different contractors were involved, the project was not built according to what was submitted and approved on the plans. Revised plans were not submitted. Discussion followed regarding landscaping and irrigation. Jeremy Mitchell representing Soutex Surveyors & Engineers located at 3737 Doctors Drive, Port Arthur, Texas addressed the Commissioners. Mr. Mitchell stated that the original contractor did not construct the project as sited on the plans and the slab had already been poured. The recording secretary swore in Chris Boone representing the City of Beaumont’s Planning and Zoning Department and he addressed the Commissioners. Mr. Boone stated that there was an issue with the landscaping and the site plans. There was very little to almost no landscaping on the property. Discussion followed regarding the parking lot and the site plan. The applicant, Chaudhry Bashir addressed the Commissioners. Discussion followed. Michael Graves, the distributor for Valero addressed the board. 2 BOARD OF ADJUSTMENT January 5, 2017 Mr. Graves stated he was there to answer any questions. Discussion followed. Di Board member Beaver made a motion to deny the request for a Variance to perimeter landscaping requirements as requested in File 713-BA. Board member Smith seconded the motion. Motion to deny carried 5:0. S OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:28 p.m. 3