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HomeMy WebLinkAbout8-5-93 BA MinutesBOARD OF ADJUSTMENT August 5, 1993 City Council Chambers A meeting of the Board of Adjustment was held on August 5, 1993 with the following members present: Vice Chairman Milton Bell Board Member Charles Thompson Board Member Gerald Farha Board Member Bill Lucas Board Member Kevin Fuller Board Members Absent: Chairman Jayne Eisen (excused), Board Member Ron Lanier (excused), Board Member Howard Close (excused), Board Member Dee Richard Chavis (excused) Also Present: Stephen C. Richardson, Planning Director; Nicholas Karavolos, Planner; Tyrone Cooper, First Assistant City Attorney; Rick Bailey, Planning Technician; Jill Manning, Recording Secretary APPROVAL OF MINUTES A motion to approve the minutes from the November 5, 1992 Public Hearing was made by Board Member Lucas and seconded by Board Member Fuller. Motion carried 5:0. PUBLIC HEARING 1) File #357-BA: Consider an application for a variance of the 15' building setback along the cul-de-sac (Section 30-25 B.1, City Codes) to allow an encroachment of 2 ± feet or a yard of 13 ± feet along the cul-de-sac. The property is zoned RS (Residential Single Family Dwelling) and is located at 6970 Reno Drive, Meadowlands Addition, Section 3, Block 3, Lot 13, Beaumont, Jefferson County, Texas. BOARD OF ADJUSTMENT August 5. 1993 Public Hearing Mr. Richardson explained that the purpose of the request made by Edward Chen of Hilltop Home Builders is to be able to extend about 2-112 feet into the 15' front yard setback along the cul-de-sac. They have built the house and because of a change in the location of the house, they have intruded into the front yard setback with a 2-1/2' x 3' triangular wedge no more than 5' in width. Therefore, they are requesting a variance from the 15' front yard setback along the cul-de-sac. A slide presentation of the subject property was shown. Vice -Chairman Bell opened the public hearing. Staff recommended approval of the request. The reason for the request was due to an error made when realigning the home to center it on the property. The home originally met all required setbacks. The original site plan that was approved by the Building Codes Division met the required setbacks. After the permit was granted, the applicant wished to shift the house a little bit and mistakenly put that corner into the setback. Staff recommended approval of the request for variance as permitted under Section 30-37 E.3. The applicant has shown compliance with the following conditions for approval: (A) Granting the variance would not adversely affect any nearby owners. Although financial considerations are not normally a factor in variance approval, due to the fact that the house is near completion and there is minimum encroachment, Staff feels it is reasonable to grant the variance; (B) Literal enforcement will result in unnecessary hardship. While it is true the applicant mistakenly placed the building within the setback, the property in question is a cul-de-sac lot, and thus more difficult to layout; (C) Granting the variance for this minor encroachment would not be contrary to the Comprehensive Plan or to the Zoning Ordinance of the City of Beaumont. Seven notices were mailed to property owners within 200 feet of the subject property. None were returned in favor or in opposition. Vice -Chairman Bell closed the public hearing. A motion to grant the application for a variance from the setback requirement as stated in File #357-BA based on all three conditions was made by Board Member Thompson and seconded by Board Member Lucas. Motion to approve the variance carried 5:0. BOARD OF ADJUSTMENT August S. 1993 Public Hearing 2) File #358-BA: Consider an application for a variance of the 15' side yard building setback (Section 30-25 B.1, City Codes) to allow an encroachment of 15' or a side yard of 0'. The property is zoned RS (Residential Single Family Dwelling) and is located at 5675 Kristin, Pine Glen Addition, Lot 15, Block 2, Beaumont, Jefferson County, Texas. The applicant, Mr. Cade R. Leach, III, wishes to build an accessory structure on the southern property line along Julie for boat storage in this side yard setback. A slide presentation of the subject property was shown. After being sworn in, Mr. Cade Leach, 5675 Kristin, addressed the Board. He explained that he wanted to build the structure to store his boat and fishing equipment. He told the Board that he wanted to add to the beauty of the neighborhood and increase his property value while complying with the integrity of the subdivision. Where he wanted to place the structure is facing the side street. There are no other structures or homes facing that way so it would not extend past the fronts of any houses. He spoke with his neighbors and everyone was in complete support of the plan. He explained that there is a 25 foot setback on the front that he can't build anything on and 15' on the side. There is also an 8' utility easement across the back. He said he even considered having the tree moved. He consulted with a tree expert and was told that even if they could move a tree that size, any attempt to move it would probably kill it. Mr. Leach wishes to build a structure that is complementary to the architectural style of his home and the other homes in the neighborhood. He submitted two sketches - one showing the garage built even with the fence and the other with the garage in the middle of the back yard. For security reasons, he would have to extend the privacy fence half way across the back yard to tie into the garage. He felt that it looked better if he had the structure even with the fence and a big oak tree behind it. Mr. Leach also expressed concern over the traffic hazard that's created by having to park a vehicle behind his boat. Vice -Chairman Bell asked if anyone else present would like to speak on behalf of the applicant. Speaking in Favor Joyce Marie Callender 7735 Julie Beaumont, Texas After being sworn in, Mrs. Callender spoke to the Board in support of the variance. Speakinp-in Opposition Bill Hamann 5705 Clint Lane BOARD OF ADJUSTMENT August 5, 1993 Public Hearing Beaumont, Texas After being sworn in, Mr. Homann spoke in opposition to the request. Mr. Richardson told the Board that Staff recommended denial of this request. The Board of Adjustment is empowered to authorize a variance of the Zoning Ordinance when it meets the three conditions spelled out in the Zoning Ordinance. Concerning Condition A, Staff feels that it's commendable that the applicant wants to save the tree, but fears that the granting of this variance might be precedent setting and make it harder to approve or deny the next one. Staff is concerned about what affects such a major encroachment upon the side yard setback could have on the entire neighborhood. Staff feels that the accessory structure could be modified to house the boat and still be built so as to avoid the tree and conform with the 15' side yard setback. As Mr. Leach mentioned, there is a 8' utility easement in his back yard. Staff paced this distance between his back fence and the tree and it was approximately 27 feet minus the 8' easement, so he would still have around 19 feet to put a structure between the utility easement and the tree. Concerning Condition B, Staff feels the structure could be modified to be built between the rear easement and the tree. Concerning Condition C, Staff does not feel that the spirit of the Zoning Ordinance will be observed and that such major encroachments into the required setback could threaten the stability of the neighborhood as a whole. Thirty-four notices were sent to property owners within 200' of the subject property. Five have been returned in favor and two returned in opposition. Vice -Chairman Bell asked Staff to read the names and addresses of the property owners that responded. Those returned were Joyce Callender, 7735 Julie Lane; John Willman, 1211 Westmeadow; Richard Lee Glenn, 5710 Clint Lane; Evelyn Beasley, 5685 Kristin; and Bernard Borkowski and Jacqueline Guillory, 5660 Kristin. Those returned in opposition were Robert Bridges, 5704 Clint Lane and Vincent Tantillo, 5680 Kristin. Vice -Chairman Bell closed the public hearing. Board Member Thompson asked Mr. Leach why he was resistant to an alternative plan, 4 BOARD OF ADJUSTMENT Auguel 5. 1993 Public Hearing Mr. Leach responded that due to the location of the utilities, he did not see how the structure could be placed any other way. Vice -Chairman Bell asked what the proximity of the tree was to the house. Board Member Lucas commented on the tree and asked what it was shading. He also asked Mr. Leach how long he had owned the boat and where he had previously parked his boats. Vice -Chairman Bell asked Mr. Leach if he had considered moving the building back a little and extending the driveway. Other options for the placement of the structure were discussed among members. A motion to deny the variance of the 15' side yard building setback requirement as stated in File #358-BA was made by Board Member Thompson and seconded by Board Member Lucas. Motion to deny the variance carried 4:1 (Board Member Farha in opposition to denial). Vice -Chairman Bell informed the applicant that he had ten days to file an appeal if he wished to do so. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 5