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HomeMy WebLinkAbout12-3-15 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT December 3, 2015 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on December 3, 2015 and called to order at 3:03 p.m. with the following members present: Chairman Dana Timaeus Board Member Kelli Maness Board Member Mary Jowers Alt. Board Member Christy Amuny Board Members absent: Board Member Joey Hilliard Also present: Adina Ward, Planner II; Fran Malvo, Recording Secretary APPROVAL OF MINUTES Board Member Maness made a motion to approve the minutes of the Regular Meeting held August 13, 2015. Board Member Amuny seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 690-BA: Consider a request for a variance to the minimum side yard setback requirement of 5 feet to 3.5 feet for both sides of a proposed lot line for a new subdivision, dividing the property between two existing structures. Location: 2895 Forsythe Applicant: TFD Properties, L.L.C. Ms. Ward presented the staff report. Danny Fruge of TFD properties, L.L.C., is requesting variances for 2 side setbacks on the properties th located at 725 S. 4 Street and 2895 Forsythe. Mr. Fruge has plans to divide the property through a replat, splitting the property between the 2 existing buildings. There is currently only 7 feet between two structures, splitting it will leave 3.5 feet to either side. The side setback requirement is 5 feet for LI (Light Industrial) zoning. The two new parcels will meet all other ordinance requirements. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides of the subject property were shown. Eleven notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Tammy Linscomb spoke on behalf of Mr. Fruge. Chairman Timaeus asked if anyone had questions for her. Ms. Linscomb stated that they did find a renter who would like to purchase the building. Boardmember Amuny made a motion to approve a request for a variance to the minimum side yard setback requirement of 5 feet to 3.5 feet for both sides of a proposed lot line for a new subdivision, dividing the property between two existing structures as requested for File 690-BA. Board member Jowers seconded the motion. Motion to approve carried 4:0. 2) Files 691-BA: Consider a request for a variance to the prohibition of Cellular telephone transmission towers within two (200) hundred feet of a residentially zoned property. Location: 1820 Washington Boulevard Applicant: David Petracovitz for T. Mobile West Ms. Ward presented the staff report. David Petrakovitz, agent for T. Mobile West, is requesting a variance to Section 28.04.008 Special Conditions, of the Zoning Ordinance which states, "Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the residential zoning district shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest residential district boundary." Mr. Petrakovitz states that the only available commercial properties near the 1800 block of Washington Boulevard are narrow, not allowing for the required buffer, and that the proposed tower will not exceed 100 feet in height, in order to minimize the visual impact on the neighborhood. Although the tower would be approximately 156 feet from the nearest residential zoned property, it would be over 226 feet from the nearest residence. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides of the subject property were shown. Ten notices were mailed to property owners within 200 feet of the subject property. There were no responses received in favor or in opposition. David Petrakovitz, agent for T. Mobile West addressed the Board members. Mr. Petrakovitz assured the Board members that the towers would be over 226 feet from the nearest residence. Chairman Timaeus made a motion to approve a request for a variance to the prohibition of Cellular telephone transmission towers within two (200) hundred feet of a residentially zoned property as requested for File 691-BA and that upon approval of File 691-BA that it is approved as requested, incorporating all conditions as presented in the request with its entire content to be carried over to Planning and Zoning and further activity if any in its entire content. Board member Jowers seconded the motion. Motion to approve carried 4:0. 3) File 692-BA: Consider a special exception to waive the off-street parking requirements. th Location: 155 N. 4 Street Applicant: Jenny Avila Jenny Avila is requesting a Special Exception to the off-street parking requirements at 155 N. 4th Street. The property was constructed over 50 years ago as a commercial property, with no off-street parking. At that time, it was not uncommon to have cars parked on the unpaved portion of the right- of-way between the paved street and property line. Ms. Avila is proposing a retail establishment for the property that could have several customers at any given time. Although Pecos Street is not very busy, and might allow parallel parking along the edge of the street, 4th Street is very busy at this location. Slides of the subject property were shown. Twenty (20) notices were mailed to property owners within 200 feet of the subject property. One response was received in opposition and no were received in favor. Board member Amuny questioned what type of business and Ms. Ward replied it is a vitamin shop. Monty Picard of Gulf Coast Electric addressed the Board members. Mrs. Picard stated that she did not want any issues with the parking with Gulf Coast Electric and Ms. Avila’s place of business. Chairman Timaeus stated that the customers are no longer allowed to park in the grassy area. Chairman Timaeus asked if anyone else would like to speak in favor of or against the case. Mr. Pedro, applicant’s fiancé, spoke on her behalf and addressed the board members. Discussion followed regarding the parking lot. Board member Maness made a motion to approve a special exception to waive the off-street parking requirements as requested for File 692-BA. Board member Amuny seconded the motion. Motion to approve carried 4:0. 4) File 693-BA: Consider a request for a variance to the minimum setback requirement for detached owner identification signs from 15’ to 5’ in RM-H (Residential Multiple Family Dwelling- Highest Density) zoning. Location: 7985 Highway 105 Applicant: Robert L. Smith, D.D.S. Robert L. Smith, DDS, has applied for a variance to the minimum sign setback in RM-H (Residential Multiple Family Dwelling - Highest Density) at 7985 Highway 105. Dr. Smith would like to move his sign to a more visible location, 5' from the front property line. He states that at the current location, 15' from the front property line, it is difficult to see due to trees and vegetation. The sign can also be blocked by a large vehicle parked in front of it. The property to his north is vacant, to the west is a Drainage District #6 ditch, and the property to the east is commercial. Placing the sign 5' from the property line would still locate it over 20' from the pavement on Highway 105. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides of the subject property were shown. Fifteen (15) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor of. No responses were received in opposition. Mrs. Smith was present and she addressed the Board. Discussion followed. Board member Amuny made a motion to approve a request for a variance to the minimum setback requirement for detached owner identification signs from 15’ to 5’ in RM-H (Residential Multiple Family Dwelling Highest Density) zoning as requested for File 693-BA. Board member Jowers seconded the motion. Motion to approve carried 4:0. 5) File 694-BA: Consider a request for a variance to the minimum setback of 25’ from a right-of- way to 10’ in L1 (Light Industrial) zoning. Location: 1480 Interstate 10 East Applicant: Soutex Engineers & Surveyors Soutex Surveyors & Engineers is requesting a variance the minimum right-of-way setback in LI (Light Industrial) zoning from 25' to 10'. The area has been zoned LI for many years, but continues to be developed with commercial establishments. The rear setback in GC-MD (General Commercial - Multiple Family Dwelling) would be 10', but rezoning this property would be considered spot zoning, and is not, therefore, feasible. By moving the main structure as far back as possible, the owner hopes to provide as much maneuvering space as possible around the gasoline pumps. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides of the subject property were shown. Twenty-one (21) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Jeremy Mitchell representing Soutex Engineers & Surveyors addressed the Board. Discussion followed. Chairman Timaeus asked if anyone would like to speak in favor or against the case. Marvin Hall addressed the Board. Mr. Hall owns property at the corner of Gulf and Isla and expressed concerns on obtaining a variance for his property. Board member Amuny made a motion to approve a request for a variance to the minimum setback of 25’ from a right-of-way to 10’ in LI (Light Industrial) zoning as requested for File 694-BA . Board member Jowers seconded the motion. Motion to approve carried 4:0. 6) File 695-BA: Consider an appeal of the Planning staff’s interpretation of Section 28.04.005(b) 2 as allowed in Section 28.02.005 of the City of Beaumont Zoning Ordinance. Location: 3906 Kenneth Applicant: Thinh Cong Nguyen Thinh Cong Nguyen has asked that the Board hear an appeal to a decision made by the Planning Division staff. Section 28.02.005(c) of the Beaumont, Texas Code of Ordinance allows for such an appeal and states: Appeal process. Appeals to the board can be taken by any person aggrieved or by an officer, department, or board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. In June of 2014, Mrs. Nguyen appealed a decision of the board stating it had been less than one year since her property had been utilized for a commercial establishment. The board found that it had been just over a year, but granted Mrs. Nguyen her appeal. In October of 2015, Mrs. Nguyen attempted, once again, to reopen the property as a commercial use. Section 28.04.005(b)2 of the Beaumont, Texas Code of Ordinance states: Any building, structure or land which is occupied or used as a lawful nonconforming use which shall become vacant or unused for a continuous period of one year shall not thereafter be occupied or used except for a use which conforms to the use regulations of the district in which it is located. Provided, however, that nonconforming field crops may be reestablished when the land has been unused for a period of time not exceeding three (3) years. For the purposes of this paragraph “vacant” or “unused” shall mean the nonconforming use has been intentionally abandoned. The temporary suspension of a use shall not constitute abandonment, provided the property is not used during the period of suspension for any other purpose. Mrs. Nguyen states that the property has not been in use since her last appeal, but she thought the granted appeal gave her the right to always use the property for commercial uses. Ms. Nguyen addressed the Board. Discussion followed. Ms. Nguyen stated that she had a new tenant and the tenant wished to open a convenient store. Board Maness asked the question if the motion is denied what happens. Attorney Cooper interjected that the applicant was grandfathered in as a Commercial use in a Residential area, and if the applicant loses the grandfather status, she can only use it as a permitted Residential use. Discussion followed. Syed, the new tenant, addressed the board. Discussion followed. Chairman Timaeus made a motion to deny the appeal as requested in File 695-BA. Board member Maness seconded the motion. Motion to deny carried 4:0. 7) File 696-BA: Consider a Special Exception to reduce the off-street parking requirements. Location: 6095 Folsom Drive Applicant: Mark W. Whiteley and Associates Mark W. Whiteley and Associates is requesting a Special Exception to reduce the off-street parking requirements at 6095 Folsom Drive. A new furniture store is proposed for the same property where Howell's Furniture is currently located. Based on the required parking for the two structures, 320 spaces would be required. The proposed layout will only allow for 213 spaces. Both stores will be owned by the same person and shared parking will not be an issue. Slides of the subject property were shown. Eleven (11) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and no responses were received in opposition. Stephen West representing Mark Whiteley and Associates addressed the Board. Tom Schwab the owner of Howell’s Furniture also addressed the Board. Discussion followed. Board member Jowers made a motion to approve a Special Exception to reduce the off-street parking requirements as requested in File 696-BA. Board member Maness seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:32 P.M.