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*MINUTES*
BOARD OF ADJUSTMENT
February 7, 2008
City Council Chambers
A meeting of the Board of Adjustment was held on February 7, 2008 and called to order at 3:00 p.m. with
the following members present:
Vice Chairman Dana Timaeus
Board Member Bob Harris
Board Member Joey Hilliard
Board Member Mary Jowers
Alternate Member Kelli Maness
Board Members absent: Chairperson Pat Avery
Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole,
Recording Secretary; Tyrone Cooper, City Attorney; Danny Daniels,
Deputy Building Official
APPROVAL OF MINUTES
Board Member Jowers made a motion to approve the minutes of the November 1, 2007 Meeting.
Board Member Hilliard seconded the motion. Motion to approve carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 564-BA: Request for a variance to the maximum sign height from 40 feet to 62 feet.
Location: 4010 College Street
Applicant: CBS Outdoor, Inc.
Mr. Richardson presented the staff report. Don Bosley with CBS Outdoor Inc. has applied for a
variance. He states that an existing sign is being moved from a site between 1-10 and the proposed
billboard. The leading edge of the new sign will be 205' from the edge of I-10.
The City of Beaumont Zoning Ordinance states that an off -premise advertising sign shall be no
taller than 40' as measured from the crown of the adjacent roadway. In this instance, the height
would be measured from the feeder road. Mr. Bosley states that TxDOT allows signs to be 42 1/2'
BOARD OF ADJUSTMENT
February 7, 2008
above the centerline of the main traveled way to which the sign advertises. Mr. Bosley states that
the Interstate is approximately 20' above the grade of the sign location. For this reason, Mr.
Bosley says that the sign would not be able to be seen from the Interstate.
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 of the subject property. No
responses in favor or in opposition were returned.
Slides of the subject property were shown.
Vice -Chairman Timaeus opened the public hearing and asked for the applicant's comments.
Don Bosley with CBS Outdoor, Inc. addressed the Board and answered questions from the Board.
Vice -Chairman Timaeus asked for comments in favor or in opposition. No comments were made.
The public hearing was closed.
Discussion between the Board members followed.
Vice -Chairman Timaeus asked for a motion. No motion was made. File 564-BA failed for lack
of a motion.
Vice -Chairman asked for File 565-BA and File 566-BA to be presented together.
2) File 565-BA: Request for a variance to the minimum rear yard building setback from 25' to 9' .
Location: 6461 Bell Pointe
Applicant: Sada Jacob
Mr. Richardson presented the staff report. Sada Jacob, the applicant, states by reducing the rear
yard setback, a 75' deep house can be constructed on the subject property. The Sanctuary
Addition was developed as a zero lot line subdivision to allow the placement of structures at the
property line on side of the lot. A 10' side yard building setback is required along the other side
lot line.
In an RS District, a minimum 25' rear yard building setback is required. However, the Zoning
Ordinance does allow for a decrease from 25' to 15' if no accessory building is placed within the
required rear yard.
Upon going out to take photos of the subject property it was found that there a number of houses
already under construction at a 10' rear yard setback. Those houses did receive building permits.
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BOARD OF ADJUSTMENT
February 7, 2008
Mr. Richardson stated that an amended plat needs to be taken back to the Planning Commission
reflecting a 10' rear building setback or else variances be granted by the Board of Adjustment.
Five notices were mailed to property owners within 200 feet. One response in favor and none in
opposition were returned.
3) File 566-BA: Request for a variance to the minimum rear yard building setback from 25' to 9' 5" .
Location: 6467 Bell Pointe
Applicant: Sada Jacob
Mr. Richardson presented the staff report. Sada Jacob, the applicant, states that by reducing the
rear yard setback, a 75' deep house can be constructed on the subject property.
The applicant shall have the burden to demonstrate that all three conditions necessary for approval
have been met.
Twelve notices were mailed to property owners within 200 feet. One response in opposition and
none in favor were returned.
Slides of the subject properties were shown.
Discussion between the Board and staff followed.
Vice -Chairman Timaeus opened the public hearing and asked for the applicant's comments.
Sada Jacob, the applicant, addressed the Board and answered questions from the Board.
Vice -Chairman Timaeus asked for comments in favor or in opposition.
Patricia Colleen CIark, 6450 Wellington Place, addressed the Board. Ms. Clark stated there were
already drainage problems in the area and the concrete wall that the developer built added to the
existing problems.
Discussion between the Board, Ms. Clark and staff followed.
The public hearing was closed.
Discussion followed between the Board members.
Board Member Harris made a motion to table a request for a variance to the minimum rear yard
building setback from 25' to 9' at 6461 Bell Pointe as requested in File 565-BA pending Planning
Commission consideration and action. Board Member Maness seconded the motion. The motion
to table File 565-BA carried 5:0.
BOARD OF ADJUSTMENT
February 7, 2008
Board Member Harris made a motion to table a request for a variance to the minimum rear yard
building setback from 25' to 9' 5" at 6467 Bell Pointe as requested in File 566-BA. Board
Member Hilliard seconded the motion. The motion to table File 566-BA carried 5:0.
Mr. Cooper asked the Board to reopen File 564-BA and take action.
Vice -Chairman Timaeus reopened File 564-BA and asked for a motion.
Board Member Hilliard made a motion to deny a request for a variance to the maximum sign
height from 40 feet to 62 feet at 4010 College Street as requested in File 564-BA. Board Member
Harris seconded the motion. The motion to deny carried 5:0.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:02 P. M.
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