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HomeMy WebLinkAbout9-3-09 BA Minutes*MINUTES* BOARD OF ADJUSTMENT September 3, 2009 Civic Center A meeting of the Board of Adjustment was held on September 3, 2009 and called to order at 3:00 p.m. with the following members present: Board Member Mary lowers Alternate Member Kelli Maness Alternate Member Christopher Plaunty AIternate Member Christy Amuny Board Members absent: Chairperson Pat Avery Vice Chairman Dana Timaeus Board Member Bob Harris Board Member Joey Hilliard Also present: Steve Richardson, Planning Manager; Quentin Price, Assistant City Attorney; Jill Cole, Recording Secretary; Adina Ward, Planner; Danny Daniels, Building Official APPROVAL OF MINUTES Board Member PIaunty made a motion to approve the minutes of the August 6, 2009 Meeting. Board Member Amuny seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 599-BA: Request for a variance to the minimum front yard building setback from 25' to 6' 1" for a dentist office. Location: 555 18" Street Applicant: Michael G. Malley, D.D.S. Mr. Richardson presented the staff report. Dr. Michael Malley would like to combine his Lumberton and Beaumont dentist offices at this location. This necessitates the need for an expansion of his existing office. BOARD OF ADJUSTMENT September 3, 2009 The current office facility consists of an existing 901 sq. ft. office and a 501 sq. ft. garage. Dr. Malley would like to expand the office by connecting the two structures and adding on to the front of the existing building. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Fourteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Board Member Jowers, acting as Chairperson, opened the public hearing and asked for the applicant's comments. Lindy Dennis addressed the Board on behalf of Dr. Malley. Board Member Jowers 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 Maness made a motion to approve a variance to the minimum front yard building setback from 25' to 6' 1" for a dentist office at 555 18" Street as requested in File 599-BA. Board Member Amuny seconded the motion. Motion to approve carried 4:0. 2) File 600-BA: Request for an appeal to the substantial damage determination made by the Floodplain Administrator. Location: 430 Manning Applicant: Doug Koch Mr. Richardson presented the staff report. The house at 430 Manning was damaged during Hurricane Ike. The property is located in Flood Zone "AE". Flood Zone "AE" is a special flood hazard area inundated by the 100-year flood. Regulations state that if a structure located in Flood Zone "AE" is substantially damaged, then it must be elevated 1.5' above the base flood elevation before any repairs can be made. This would mean that the house has got to be elevated to 13.5' above mean sea level before the City can permit any repairs. After Hurricane Ike, the Floodplain Administrator and a City of Beaumont building inspector surveyed the structure and made a determination that the structure was substantially damaged. In this particular case, staff calculates that the replacement cost of the house is $75,045.04. Computed actual value is $66,039.63 with computed damages at $38,212.93, thereby making r repair/reconstruction 57.86% of the actual cash value. 1 2 BOARD OF ADJUSTMENT September 3, 2009 Doug Koch, the property owner, hired his own contractor to inspect the house for substantial damage. His contractor had determined that the house has not received substantial damage as defined. Mr. Koch' s contractor calculates a damage estimate of $12,406.22. Therefore, Mr. Koch is appealing the City's determination of substantial damage. Which interpretation is judged to be the most correct will determine whether Mr. Koch has to elevate his house or not. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Thirty 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. Board Member Jowers opened the public hearing. Adina Ward, Floodplain Administrator for the City of Beaumont, addressed the Board. An explanation of where the City's numbers for substantial damage came from and how it was determined was given by Ms. Ward. She explained that the City used FEMA's RSDE (Residential Substantial Damage Estimator) Program for all flood damaged properties. The RSDE Program was designed by FEMA to allow communities to perform these determinations with as little cost as necessary to the community and in the most uniform and consistent manner possible. With minimal training, local officials can enter property and determine, based on percentage of damage, whether or not there is substantial damage. Discussion followed between Ms. Ward and the Board. Danny Daniels, Building Official for the City, addressed the Board. He stated that Steve Behrens, the City's inspector of the subject property, could not be present at the meeting. Mr. Daniels spoke to FEMA's interest in our floodplain program and the importance of our enforcing said program per the City's regulations. This program is what allows the citizens of Beaumont the privilege of purchasing flood insurance on their properties. Failure to enforce the program per the City's regulation will result in sanctions from FEMA and possible removal from the flood insurance program. Ms. Ward clarified to the Board, what they are to consider. They are to compare the City's finding regarding the value of the structure along with the damage determination to Mr. Koch's appraisal along with his contractor's damage determination. It is the Board's responsibility to determine which is more accurate. Board Member Jowers asked for comments in favor or in opposition. 3 BOARD OF ADJUSTMENT September 3, 2009 Doug Koch, the applicant, addressed the Board. Reverend Dwight Benoit of Magnolia Missionary Baptist Church addressed the Board on behalf of one of his parishioners. He asked that the applicant be required to comply with the City's regulations. Dax Masso, the contractor for Mr. Koch, addressed the Board. William Shackelford addressed the Board. Mr. Shackelford owns the property at 385 Manning Street. John Dwayne Zeno, 440 Manning, addressed the Board. Mr. Zeno is interested in selling his property. Carl Mason, 460 E. Delaware, addressed the Board. He asked that the applicant be required to comply with the City's regulations. Board Member Jowers closed the public hearing. Discussion followed between the Board members. Board Member lowers stated that the Board would like to table File 600-BA until Mr. Behrens, the City inspector, could be present to answer, questions from the Board. Board Member Plaunty made a motion to table File 600-BA. Board Member Amuny seconded the motion. Motion to table carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:42 P.M. ►!