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HomeMy WebLinkAbout5-18-95 BA MinutesBOARD OF ADJUSTMENT SPECIAL HEARING May 18, 1995 City Council Chambers A Special Meeting of the Board of Adjustment was held on May 18, 1995 with the following members present: Chairman Jayne Eisen Board Member Kevin Fuller Board Member Bob Harris Board Member Mary Jowers Board Member Dohn LaBiche Board Member Chuck Mason Board Members Absent: Board Member Bruce Irvine Also present: Stephen C. Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Bonnie Semien, Planning Technician; Kirby Richard, Central Services Director, Fred Lemell, Building Official and Jill Cole, Recording Secretary. APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the May 4, 1995 Board of Adjustment Public Hearing. Board Member Mason seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES BOARD of ADJUSTMENT May 18, 1995 Public Hearing PUBLIC HEARING 1) File #374-BA: A request for a variance from the residential front yard building setback regulations for a lot on a cul-de-sac and a request for a variance from the interior side lot line setback regulations for the one story house. Location: 4285 Simon Drive Applicant: Nelson Campbell for Sirmons Homes, Inc.; owner is John M. Guidry, Sr., et ux. Mr. Richardson explained that the case had been tabled from the May 4, 1995 Public Hearing. The plat shows a 25' front yard building setback. The zoning ordinance allows a 15 foot setback when a lot fronts on a cul-de-sac. The original site plan that was submitted to Building Codes met the 25' front yard setback but encroached into the rear yard by approximately T, assuming a minimum 15' rear setback. The applicant circulated and received back letters from several surrounding property owners stating that they had no objection to a 15' front yard setback for the subject property. The contractor therefore agreed to move the house forward to the 15' setback. The slab of the main part of the structure was moved forward to where it is approximately 9.43' from the property line and 29.43' from the curb. In addition the house is only 4.02' from the east property line at its nearest point. Mr. Richardson said that due to the circumstances, he did not feel that the granting of the variance would be contrary to the public interest. While the hardship is self- imposed, it would be extremely expensive for the property owner to have to move the house. Sixteen notices were mailed to property owners within 200 feet. Two responses in favor and one with no opinion were returned. Chairman Eisen opened the public hearing and asked for the applicant's comments. Kenneth Sirmons addressed the Board. He said the supervisor on the job made a mistake in measuring the distance. Board Member Fuller asked Mr. Sirmons how the measurements were taken. Mr. Sirmons said that measurements were taken from the property corners without taking into account that the lot was on a cul-de-sac. BOARD OF ADJUSTMENT May Is, 1995 Public Hearing Board Member Harris asked Mr. Sirmons if he inspected the jobs prior to the foundation being poured so that it complies with regulations. Mr. Sirmons replied that until a few years ago he made inspections, but not- anymore. Board Member Harris asked how long the supervisor had been employed. Mr. Sirmons replied three years. (Board Member Jowers arrived.) Chairman Eisen asked Mr. Sirmons if the house had been closed. He replied yes and that the title company had given six months in which to obtain the variance. Tyrone Cooper told the Board that he had talked with Larry Crocker at Stewart Title. Mr. Cooper said he would attend the meeting but apparently couldn't make it. He told Mr. Cooper that the house had been closed. Board Member Harris asked Mr. Sirmons who would be responsible for correcting the house if the variance was not granted. Mr. Sirmons replied that it would be the owner's responsibility. Chairman Eisen closed the public hearing. Discussion occured among the Board members. Board Member LaBiche asked Fred Lemell if the City of Beaumont licensed contractors. Mr. Lemell replied that the only requirement for contractors is that they post a $15,000 building contractors bond. The bond covers the extent of the work in case they fail to complete the project. Board Member LaBiche asked Mr. Cooper if this was an occasion that the contractor might lose his bond. Mr. Cooper said he didn't know but that the proper claimant would be the owner. Board Member LaBiche suggested that the owner pursue the matter. 3 BOARD OF ADJUSTMENT May is, 1995 Public Hearing Board Member Jowers asked Mr. Cooper if there would be a problem if the owner were to ever sell the house. Mr. Cooper said no because it is an encroachment into the setback lines as opposed to the right-of-way. Board Member Fuller asked Mrs. Guidry if she was, able to resolve the issue of the driveway encroaching into the DD#6 area. Mrs. Guidry replied that she had not heard from DD#6. Mr. Richardson added that he had not heard from DD#6, either. Board Member Harris made a motion to approve File 374-BA as stated with the stipulation that the builder be subject to special inspections of his projects. Board Member LaBiche seconded the motion. Motion to approve carried 7:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 4