Loading...
HomeMy WebLinkAbout3-5-15 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT March 5, 2015 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on March 5, 2015 and called to order at 3:10 p.m. with the following members present: Chairman Dana Timaeus Board Member Kelli Maness Board Member Joey Hilliard Board Member Mary Jowers Board Members absent: Alternate Member Christopher Plaunty Alternate Member Christy Amuny Also present: Adina Ward, Planner II; Fran Malvo, Recording Secretary; Sharae Reed, Senior Assistant City Attorney APPROVAL OF MINUTES Chairman Timaeus made a motion to approve the minutes of the Regular Meeting held January 8, 2015. Board Member Jowers approved the minutes and Board Member Manness seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 683-BA: Request for a variance to the minimum side yard setback requirement of 5 feet to 0 feet. Location: 784 Avenue E Applicant: Jose Carmen Padron Ms. Ward presented the staff report. Mr. Jose Carmen Padron is the property owner at 784 Avenue E., but he has been out of town for an extended period of time. While he was out of town, his uncle, who residing at the property, built a carport. The City of Beaumont’s Building Codes department received a complaint, investigated, and confirmed that the carport was not only built without a permit, but encroaches onto the neighboring property. Mr. Padron has been attempting to purchase the neighboring vacant lot for some time now without any success. If a variance is awarded, the carport will need to be cut off, just inside the property line and a gutter installed to redirect runoff from the neighbor’s property. Mr. Padron has been made aware of these requirements and is still hoping for approval. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Thirty-seven notices were mailed to property owners within 200 feet. No response in opposition or in favor were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for comments. Rusty Fisher, a personal friend of the applicant, addressed the Board and stated that Mr. Padron would like to purchase the neighboring property. Discussion followed. Chairman Timaeus made a motion to deny the request for a variance to the minimum side yard setback requirement of 5 feet to 0 feet on the property at 784 Avenue E as requested in File 683-BA. Board Member Hilliard seconded the motion. Board Member Maness was not in favor of the denial. Motion to deny carried 3:1. 2.) File 684-BA: To consider a request for a variance to the 10 foot wide landscape buffer requirement and to allow a dumpster at the property line. Location: 3995 Crow Road Applicant: Faust Engineering & Surveying, Inc. Ms. Ward presented the staff report. An apartment complex is in the design process for 3995 Crow Road. The new driveway will connect to the existing driveway to the south near the west property line. The west property line backs up to a single family, residential neighborhood. The Zoning Ordinance requires a 10 foot landscaped buffer between multi-family developments and single family. In order to line up the driveways and provide adequate turning radius for the Fire Department, the applicant claims there will be no room for the buffer. The site plan shows a dumpster placed in the area where the buffer would be located. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty notices were mailed to property owners with 200 feet. No response in opposition or in favor were returned. Slides of the property were shown. Chairman Timaeus opened the public hearing and asked for the applicant’s comments. Richard Faust representing Faust Engineering & Surveying addressed the Board. Hamlet Park owns the property. Mr. Faust suggested what they would like to provide for emergency vehicles i.e. firetrucks is a method of circling behind their project into theirs so that they can provide better service on both projects. Discussion followed between the Board Members. Chairman Timaeus stated that if you design a building that does not meet the capacity of the land it is built on; the applicant does not meet the criteria for a variance. Board Member Hilliard made a motion to deny a request for a variance to the 10 foot wide landscape buffer requirement and to allow a dumpster at the property line on the property at 3995 Crow Road as requested in File 684-BA. Board Member Manness seconded the motion. The motion to deny carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:17P.M.