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HomeMy WebLinkAbout3-3-11 BA Minutes*MINUTES* BOARD OF ADJUSTMENT March 3, 2011 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on March 3, 2011 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 Joey Hilliard Alternate Member Christopher Plaunty Board Members absent: Board Member Mary Jowers Alternate Member Kelli Maness Alternate Member Christy Amuny Also present: Steve Richardson, Planning Recording Secretary; Tyrone Assistant City Attorney 11 APPROVAL OF MINUTES Manager; Adina Ward, Planner; Jill Cole, Cooper, City Attorney; Courtney Davis, Board Member Hilliard made a motion to approve the minutes of the Regular Meeting held January 6, 2011. Vice -Chairman Avery seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 616-BA: Request for a variance to the minimum side yard building setback from 5' to 0'. Location: 6565 Eastex Freeway Applicant: Joe Feldman Mr. Richardson presented the staff report. Joe Feldman, representing Bertino Investments, is under contract to construct a building on a portion of an existing slab. The property is the former site of Sam's Western Wear. Hurricane Rita destroyed the building. The City red -tagged the building after the storm and it was demolished by the property owner. A usable slab remained after the demolition. That slab sits approximately six inches from the southeast property line. BOARD OF ADJUSTMENT March 3. 2011 Is it now the intention of the owner to construct a 45' x 110' building on a portion of the existing slab with the new building sitting approximately six inches from the property line. According to the Building Official, the slab will have to be certified by an engineer before it can be used. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Eight 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. (Board Member Plaunty arrived.) Chairman Timaeus opened the public hearing and asked for comments. Gerald Farha, 990 22" d Street, addressed the Board as agent for the Bertmos. (Swearing in of David Bertino.) David Bertino, owner of the property, addressed the Board. He stated that the slab was in good condition and it would be very expensive to have to move the slab for the new building. Chairman Timaeus closed the public hearing. Discussion followed between the Board Members. Chairman Timaeus asked for a motion. No motion was made. Chairman Timaeus discussed with the applicant that with no motion being made, the request would be denied. After discussion with the Board members, the applicant agreed to submit further information so the request could be heard at the next meeting. Board Member Hilliard made a motion to table a request for a variance to the minimum side yard building setback from 5'to 0' at 6565 Eastex Freeway as requested in File 616-13A. Board Member Harris seconded the motion. Motion to table carried 5:0. 2) File 617-BA: Request for a variance to the minimum lot depth from 100' to 90'. Location: 1955-1995 Regent Street Applicant: Don King for Fittz & Shipman, Inc. Mr. Richardson addressed the Commission. Don King, representing the Beaumont Housing Authority, states that the Planning Commission approved a preliminary plat for Regent II, Phase II in March, 2008. In July, 2008, the construction plans were submitted. Because of a variety of needs, a revised preliminary plat was submitted in July, 2009. The Planning Commission approved that 2 BOARD OF ADJUSTMENT March 3. 2011 revised plat subject to several conditions, including the realignment of Misti Lane and Chrystal Lane to match and that a variance be granted for the lot depths of Lots 83-87. Construction of all streets, water, sewer and drainage have now been completed and were accepted by City Council. When the final plat was submitted for recordation, the applicant was notified that the variance had still not been granted. All of the lots exceed the minimum 5,000 sq. ft. lot area requirement. The distance between the south right-of-way line of Misti and the north right-of-way line of Regent is 195 feet which does not allow for two 100 foot depth lots. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Eleven 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. Don King with Fittz & Shipman, the applicant, addressed the Board. Chairman Timaeus asked for comments in favor or in opposition. Dorothy Collins, 1965 Glasshouse, addressed the Board and asked for clarification of the request and how her property would be affected. (Swearing in of Janet Andrews.) Janet Andrews, 1995 Glasshouse, addressed the Board and asked for clarification of the request. Chairman Timaeus closed the public hearing and discussion followed between Board members. Board Member Harris made a motion to approve a variance to the minimum lot depth from 100' to 90' at 1955-1995 Regent Street as requested in File 617-BA. Board Member Hilliard seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:56 P.M.