HomeMy WebLinkAbout1-6-11 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
January 6, 2011
City Hall, 801 Main Street
A Regular Meeting of the Board of Adjustment was held on January 6, 2011 and called to order at 3:00 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Mary Jowers
Alternate Member Kelli Maness
Alternate Member Christy Amuny
Alternate Member Christopher Plaunty
Board Members absent: Vice -Chairman Pat Avery
Board Member Bob Harris
Board Member Joey Hilliard
Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole,
Recording Secretary; Tyrone Cooper, City Attorney
APPROVAL OF MINUTES
Board Member Jowers made a motion to approve the minutes of the Regular Meeting held October
7, 2010. Board Member Avery seconded the motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 614-BA: Request for a variance to the minimum side yard building setback from 20' to 51
.
Location: 5535 Calder
Applicant: Colburn and Angie McClelland
Mr. Richardson presented the staff report. The applicant, Colburn McClelland, wants to construct
a 950 sq. ft. addition onto the rear of the existing building as part of a remodel for a restaurant.
The east side of the addition will line up with the existing building. Due to the angle of the building
in relation to the east property line, the addition will extend 15' into the side yard setback. On the
lot that will be most affected by the encroachment, the house is approximately 58' from the rear
property line. Currently, the existing building is 11.9' from the side property line at its nearest point.
BOARD OF ADJUSTMENT
January 6, 2011
Mr. McClelland states in his application that he will be constructing an 8'tall wood screening fence
along the east property line of his property.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
Eighteen notices were mailed to property owners within 200 feet. No notices in favor or in
opposition were returned.
Slides of the subject property were shown.
Chairman Timaeus opened the public hearing and asked for comments.
Molly Villareal, Engineer for the City of Beaumont, addressed the Board as to the location of an
existing city sewer main and easement.
Chairman Timaeus asked for comments in favor or in opposition.
Daniel Carrington, 265 Wren Way, addressed the Commission. Mr. Carrington owns the property
directly adjacent to the property and expressed concerns on property values.
Colbum McClelland, the applicant, addressed the Board and stated that the business would be open
7 days a week and would not feature live or loud music.
Chairman Timaeus closed the public hearing.
Board Member Amuny made a motion to approve a variance to the minimum side yard building
setback from 20' to 5' for the property at 5535 Calder as requested in File 614-BA. Board Member
Jowers seconded the motion. Motion to approve carried 5:0.
2) File 615-BA: Request for variances to the maximum height and maximum area of an owner
identification sign from 15' to 15' 3" and 50 sq. ft. to 74 sq. ft., respectively.
Location: 3443 Fannett
Applicant: Beaumont Independent School District
Mr. Richardson addressed the Commission. James Broussard, Principal at Ozen High School, states
that the variances are requested to enable Ozen and the community to have a message center large
enough to be visible to those on campus and passing on Fannett Road. Mr. Broussard states that the
sign will be used to provide information on both school activities and items important to the
surrounding community. Due to the need to be seen , Mr. Broussard feels that the proposed height
and size are justified.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
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BOARD OF ADJUSTMENT
January 6, 2011
Thirty-one notices were mailed to property owners within 200 feet. No responses in favor or in
opposition were returned.
Slides of the subject property were shown.
Chairman Timaeus opened the public hearing and asked for the applicant's comments.
James Broussard, Principal of Ozen High School addressed the Board.
Chairman Timaeus asked for comments in favor or in opposition.
Mary Kay Smith, Physics Teacher at Ozen, addressed the Board in favor of the request.
Kiera Bridges, Student Body President of Ozen, addressed the Board in favor of the request.
Alejandra Galvan, Editor -in -Chief of the newspaper at Ozen, addressed the Board in favor of the
request.
City Councilman Jamie Smith addressed the Board in favor of the request.
Delbert Mack, Pastor of Cathedral of Faith, addressed the Board in favor of the request.
Chairman Timaeus closed the public hearing and discussion followed between Board members.
Board Member Maness made a motion to approve variances to the maximum height and maximum
area of an owner identification sign from 15' to 15' 3" and 50 sq. ft. to 74 sq. ft., respectively for the
property at 3443 Fannett as requested in File 615-BA. Board Member Jowers seconded the motion.
Motion to approve carried 5:0.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:45 P.M.