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HomeMy WebLinkAbout4-7-11 BA Minutesl *MINUTES* BOARD OF ADJUSTMENT April 7, 2011 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on April 7, 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 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; Adina Ward, Planner; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the Regular Meeting held March 3, 2011. Board Member Jowers seconded the motion. Motion to approve carried 5:0. 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 (Board Member Maness stated that she would be abstaining from discussion of File 616-BA.) Board Member Harris made a motion to take File 616-BA off the table (request was tabled at the March 3, 2011 meeting). Vice -Chairman Avery seconded the motion. Motion carried 4:0. C Mr. Richardson presented the staff report. David Bertino, the property owner, is requesting a variance to the side yard building setback so that he can construct a building on the subject property. The property is the former site of Sam's Western Wear. Hurricane Rita destroyed the building. The BOARD OF ADJUSTMENT April 7, 2011 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. When a buyer is found, Mr. Bertino would like to have the ability to use the existing slab to construct anew building that would sit 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. After much discussion about the condition of the slab, the request was tabled. Mr. Bertino has provided staff with a report from John Shackleford, P.E. stating that the foundation has the capacity for a new building of the same type and size of as the original structure. This information has been reviewed by the City of Beaumont Building Official and he is of the opinion that the foundation could support a building that would cover the entire foundation or a portion of. For the record, after the reviewing the pictures in Mr. Shacklcford's report, the Building Official also stated that if the variance is granted, due to the location of the adjacent building, the new building would require a four hour firewall. 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 responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for comments. David Bertino, owner of the property, addressed the Board. Gerald Farha, 990 22id Street, addressed the Board as agent for Mr. Bertino. Chairman Timaeus closed the public hearing. Discussion followed between the Board Members. Board Member Harris made a motion to approve 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-BA. Vice -Chairman Avery seconded the motion. Motion to approve carried 4:0:1 (Maness). 2) File 618-BA: Request for a variance to the minimum side yard building setback from 5' to 2' 6" for the construction of a new garage. Location: 1135 Thomas Road Applicant: James Rippeon (Board Member Maness stated that she would be abstaining from discussion of File 618-BA.) 2 BOARD OF ADJUSTMENT April 7, 2011 Mr. Richardson presented the staff present. The applicant, Mr. Rippeon, states that he recently purchased the house that was originally designed to be a two bedroom house. With four children, Mr. Rippeon decided to enclose the existing garage for an additional two bedrooms and a bath. He would now like to construct a new two car garage that would be TV from the south property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-three 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 Rippeon, the applicant, addressed the Board, answered questions and distributed additional photos of surrounding properties. 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 variance to the minimum side yard building setback from 5' to 2' 6" for the construction of a new garage at 113 5 Thomas Road as requested in File 618-BA. Board Member Jowers seconded the motion. Motion to approve carried 4:0. 3) File 619-BA: Request for a variance to the minimum building setback requirement from 10' to 6' for a sign post. Location: 1405 Washington Boulevard Applicant: Fuzzy's #9 Mr. Richardson presented the staff report. This item is a request for a variance to the minimum building setback requirement from 10'to 6' for an owner identification sign to be installed at 1405 Washington. Neil Momin, owner of Fuzzy's #9, states that due to the configuration of the property, the fuel storage tanks had to be placed in one direction. Because of this, the gravel pit where the tanks lay encroaches into the 10' setback for several feet. Mr. Momin says that as a result, there is no compacted earth to accommodate the foundation of the proposed sign. Mr. Momin states that if the variance is not granted, there is no other place to put the sign. The proposed location, which is 6' off of the Avenue A property line and 7' off the Washington property line, is believed, by the applicant, to be the only place that the sign can go. BOARD OF ADJUSTMENT April 7, 2011 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. One response in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Wayne Cassey with Barker Sign Company addressed the Board. Barker Sign will be installing the proposed sign. Chairman Timaeus asked for comments in favor or in opposition. Salim Makdsi, owner of the Mobil Station at 1397 Washington, addressed the Board in opposition to the request. Mr. Cassey addressed the Board again and answered additional questions. Chairman Timaeus closed the public hearing. f Discussion followed between the Board members. Board Member Harris made a motion to approve a variance to the minimum building setback requirement from 10' to 6' for a sign post at Avenue A, but not less than the required 10' setback from the property at 1405 Washington Boulevard as requested in File 619-BA. Vice -Chairman Avery seconded the motion. Motion carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:15 P.M. 4