HomeMy WebLinkAbout10-4-12 BA Minutesr
A Regular Meeting of the Board of Adjustment was held on October 4, 2012 and called to order at 3:00 p.m.
with the following members present:
Chairman Dana Timaeus
Vice -Chairman Pat Avery
Board Member Bob Harris
Board Member Mary Jowers
Alternate Member Kelli Maness
Board Members absent: Board Member Joey Hilliard
Alternate Member Christopher Plaunty
Alternate Member Christy Amuny
Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina
Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Conftnunity
Development Director
APPROVAL OF MINUTES
Board Member Jowers made a motion to approve the minutes of the Regular Meeting held
September 6, 2012. Board Member Maness seconded the motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 645-BA: Request for a revision to the variance granted by the Board of Adjustment on June 7,
2012.
Location: 3536 College Street
Applicant: HEB Grocery Co., L.P.
Mr. Richardson presented the staff report. On June 7, 2012, the Board of Adjustment approved the
following for variances for the new HEB grocery store at 3536 College:
The decision approves a variance to the minimum side yard setback reducing that setback from 10'
to 0' along an 80' line running north and south along the western edge of the former Stagg Drive
right-of-way abandoned by the City of Beaumont prior to June 7, 2012; and a variance to the
BOARD OF ADJUSTMENT
October 4, 2Q12
minimum rear yard setback reducing that setback from 10'to 0' along the southern boundary of Stagg
Drive commencing at a point 90' from the eastern boundary of 11" Street right -of --way and
proceeding eastward along the northern boundary ofthe subject property; and waiving the landscape
requirement of providing a landscape island for every 10 parking spaces in the parking lot upon the
promise of the landowner to reasonably offset this requirement with other landscape that consist of
trees planted along the boundary of the subject property.
Due to the fact that at the time -of the Board of Adjustment's public hearing, City Council had not
actually approved the abandonment. City Council approved the abandonment on August 28, 2012.
Therefore, it is recommended that the Board's variance approval be amended as follows:
The decision approves a variance to the minimum side yard setback reducing that setback from 10'
to 0' along an 80' line running north and south located 290.14' east of the east right-of-way line of
11' Street along the western edge of the former Stagg Drive right-of-way abandoned by the City of
Beaumont on orprior to August 28, 2012; and a variance to the minimum rear yard setback reducing
that setback from 10' to 0' along the southern boundary of Stagg Drive commencing at a point 90,
from the eastern boundary of I I' Street right-of-way and proceeding eastward along the northern
boundary of the subject property; and waiving the landscape requirement of providing a landscape
island for every 10 parking spaces in the parking lot upon the promise of the landowner to
reasonably offset this -requirement with other landscape_ that consist of trees -planted along the
boundary of the subject property.
CThirty notices were sent to property owners within 200 feet. One response in opposition and none
in favor were returned.
Chairman Timaeus opened the public hearing and asked for the applicant's comments.
John Rose representing HEB Grocery Co., addressed the Board.
Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The
public hearing was closed.
Discussion followed between the Board members.
Board Member Harris made a motion to approve a request for a revision to the variance granted by
the Board of Adjustment on June 7, 2012 at 3536 College Street as follows:
The decision approves a variance to the minimum side yard setback reducing that setback from 10'
to 0' along an 80' line running north and south located 290.14' east of the east right-of-way line of
I P Street along the western edge of the former Stagg Drive right-of-way abandoned by the City of
Beaumont on orprior to August 28, 2012; and a variance to the minimum rear yard setback reducing
that setback from I W to 0' along the southern boundary of Stagg Drive commencing at a point 90'
from the eastern boundary of 11' Street right-of-way and proceeding eastward along the northern
boundary of the subject property; and waiving the landscape requirement of providing a landscape
island for every 10 parking spaces in the parking lot upon the promise of the landowner to
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BOARD OF ADJUSTMENT
October 4, 2012
reasonably offset this requirement with other landscape that consist of trees planted along the
boundary of the subject property.
Board Member Jowers seconded the motion. Motion to approve carried 5:0.
2) File 654-BA: Request for a variance to the minimum front yard building setback from 25' to 22'5
Location: 4110 Concord
Applicant: Manuel Ponce, Jr.
Mr. Richardson presented the staff report. The applicant, Mr. Ponce, stated that he was unaware of
the building setback requirements when he built the front porch. No building permit was applied
for. He says that the porch addition has no sides and does not block the view of his neighbors. Mr.
Ponce states that his neighbors have expressed positive comments about the porch.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
Twenty-eight notices were mailed to property owners within 200 feet. Three responses in favor and
none in opposition were returned.
Slides of the subject property were shown.
Chairman Timaeus opened the public hearing and asked for the applicant's comments.
Manuel Ponce addressed the Board.
Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The
public Bearing was closed.
Vice -Chairman Avery made a motion to approve a request for a variance to the minimum front yard
building setback from 25' to 2215" at 4110 Concord as requested in File 654-BA. Board Member
Harris seconded the motion. Motion to approve carried 5:0.
3) File 655-BA: Request for variances to the minimum side yard building setback from 20' to 10' and
to the minimum rear yard building setback from 10' to 5'.
Location: 3185 French Road
Applicant: Kinsel Ford, Tne.
Mr. Richardson presented the staff report. Joe B. Kinsel, Jr. states that the property is currently
being used for the display and sale of used cars. Mr. Kinsel says that the used car lot has a particular
number of unit spaces and room for customer parking. He feels that the placement of the proposed
replacement modular building at a distance of 20' from the west property line and 10' from the north
property line will appreciably reduce the amount of usable space for the used car unit display and
customer parking thereby adversely affecting the ability for the consumer to view the vehicles.
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BOARD OF ADJUSTMENT
October 4, 2012
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
Six notices were mailed to property owners within 200 feet. No responses in opposition or in favor
were returned.
Slides of the subject property were shown.
Chairman Timaeus opened the public hearing and asked for the applicant's comments.
Craig Kinsel, President of Kinsel Ford, and James McNutt, General Sales Manager addressed the
Board and distributed additional information.
Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The
public hearing was closed.
Discussion followed between the Board members.
Board Member Jowers made a motion to approve a request for variances to the minimum side yard
building -setback from20' to 1 Wand to the minimum rear yard building setback from 10' to 5' at 31 S 5
French Road as requested in -File 655 BA. Board Member Maness seconded the motion. Motion
to approve carried 5:0.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:40 P.M.
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