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HomeMy WebLinkAbout11-4-93 BA MinutesBOARD OF ADJUSTMENT November 4, 1993 City Council Chambers A meeting of the Board of Adjustment was held on November 4, 1993 with the following members present: Chairman Jayne Eisen Vice Chairman Milton Bell Board Member Charles Thompson Board Member Gerald Farha Board Members Absent: Board Member Ron Lanier (excused) Board Member Howard Close (excused) Board Member William Lucas Board Member Kevin Fuller (excused) Board Member Dee Richard Chavis Also Present: Stephen C. Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Rick Bailey, Planning Technician; Kimberly James, Planning Technician; and Jill Manning, Recording Secretary APPROVAL OF MINUTES A motion to approve the minutes from the October 4, 1993 Special Meeting made by Vice -Chairman Bell and seconded by Board Member Thompson. Motion carried 4:0. SWEARING IN OF WITNESSES BOARD OF ADJUSTMENT November4, 1993 Public Hearing PUBLIC HEARING 1) File #361-BA: Consider an application for a variance from the regulations of Section 30- 25 B.1, City Codes regarding the interior side yard building setback or yard requirements for a two story residential structure in a residential district. A variance may be granted under Section 30-37 EA, City Codes. Location: 2471 Long Avenue. Applicant: Darryn and Dawn Tollefson. Mr. Richardson told the Board that Staff recommended denial of the request for the variance because Staff feels that the applicant has failed to demonstrate that Conditions A, B, and C of the Zoning Ordinance Section 30-37. E.3. have been met. He circulated among board members comments from neighbors that were submitted by the applicants. Chairman Eisen opened the public hearing and asked if anyone would like to speak on behalf of the request. Darryn and Dawn Tollefson, the applicants, addressed the Board. They explained that the purpose of the request was to replace an existing garage which is almost completely rotted around the base. In addition to replacing the garage, they want to build a master bedroom on top of the garage which will be tied into the rest of the house through an existing living space in the house. They applied for the variance because it's closer than 7-1/2' from the property line. A Certificate of Appropriateness was approved by the Historic Landmark Commission on October 11, 1993. David Bradley, President of Old Town Neighborhood Association, addressed the Board in favor of the request. Mr. Richardson explained that the applicants purchased the house with an attached garage that is rotting and it is their desire to tear the garage down and build the two story addition which would consist of a garage below and a master bedroom upstairs. The required setback for a one-story structure would typically be 5 feet for an attached structure and 7-1/2 feet for a two story structure. On October 11, the Historic Landmark Commission granted conditional approval of a request for a Certificate of Appropriateness for the proposed addition to the house subject to the granting of the variance by the Board of Adjustment. Mr. Richardson added that one written notice in favor of the request had been received. Chairman Eisen asked if anyone wanted to speak in opposition to the request. Due to lack of response, she closed the public hearing. 2 BOARD OF ADJUSTMENT November4, 1993 Public Hearing Board Member Thompson said that he didn't feel comfortable recommending approval A discussion of distance between the Tollefson's garage and the neighbor's garage followed. The neighbor's garage is on the side property line and the applicant's garage and proposed addition is only 2.8' off the side line. Chairman Eisen expressed her concerns regarding fire. Mr. Richardson told the Board he had spoken with Don Burrell, Building Inspector, and was told that they would be required to meet certain fire code requirements such as a one -hour wall. Discussion of the expense of the fire wall took place. Vice -Chairman Bell made a motion to deny the request for the variance as stated in File #361-BA. Board Member Thompson seconded the motion. Motion to deny carried 4:0. 2) File #362-BA: Consider a request for a variance from the yard or building setback requirements of Section 30-25 B.1. for three existing residences and accessory structures in a residential district. The structures lie on three lots which have been replatted to a new configuration and the setbacks do not meet the code in several instances. A variance may be allowed under Section 30-37 E.3. Location: 2200 block of Ashley at Seventh Street. Applicant: Hubert O. Oxford, III. Mr. Richardson explained that the applicant wants to resubdivide these three lots so that he can sell the houses individually. He has been unable to find anyone who wished to buy all three houses an individual buyer. He obtained conditional approval from the Planning Commission of an amended plat for these three lots that would permit him to resubdivide and then sell the lots individually if the Board of Adjustment grants the necessary variances of the setback requirements. When they were drawing the property lines, they drew the lines around existing structures so that the property lines would not interfere and in some cases because of the way the buildings sit today, they are going to require some variances of the various setbacks. Staff recommended approval of the request. Chairman Eisen asked if anyone present would like to speak in favor of the request. Sam Parigi 445 N. 14th Street Beaumont, Texas 3 BOARD OF ADJUSTMENT November4, 1993 Pub1Eo Hearing Mr. Parigi addressed the Board on behalf of Hubert Oxford, the owner of the property. Donald Rao with Mark Whiteley & Associates, 3450 Eastex Freeway addressed the Board in favor of the request, Mark Whiteley & Associates provided the surveying for the replatting of the lots. Chairman Eisen asked if anyone present wanted to speak in opposition. No one spoke in opposition. The public hearing was closed. A motion to approve the request as stated in File #362-BA was made by Board Member Thompson and seconded by Vice Chairman Bell. Motion to approved carried 4:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 4