HomeMy WebLinkAbout8-24-89 BA MinutesBOARD OF ADJUSTMENT
August 24, 1989
City Council Chambers
A meeting of the Board of Adjustment was held on August 24, 1989 with the
following members present:
Chairman Milton Bell
Board Member Gerald Farha
Board Member Ron Lanier
Board Member Bettye Smith
Board Member Charles Thompson
Board Members absent: Whit Outlaw and Preston Shaw.
Also present: Murray Duren, Sr. Planner; Edmund Petry, Planner; Tyrone
Cooper, First Assistant City Attorney; Ilona Baker, Drafting
Technician and Sandra Trujillo, Building Code Division.
APPROVAL OF MINUTES
Board Member Smith made the motion to approve the minutes of the June
8, 1989 Public Hearing. Board Member Lanier seconded the motion.
Motion to approve carried 4:0.
PUBLIC HEARING
1. File 338-BA: Request for a variance to decrease the 25-foot front yard and
the 10-foot exterior side yard building setback requirements of Section 30-
25 B.1 for property in the RCR (Residential Conservation and
Revitalization) district; Don Lightfoot construction for the Cristo Rey
Catholic Church; being parts of Lots 1-6, Block 70 Van Wormer Addition.
Staff recommended denial of the request for a variance for the following
reasons:
Granting of the variance would be contrary to the public interest;
No undue hardship had been demonstrated that relates to the
physical condition of the building site nor any reasons presented to
show why minimum yard requirements cannot be complied with; and
The spirit of the Zoning Ordinance would be observed by denying
the variance.
Speaking in Favor of this Reauest
Tina Torres
1455 Forysthe
Virginia Mendoza
5655 South Kenneth Street
Benny Mendoza
5655 South Kenneth Street
The Reverend T.R. Blanco
1600 North Main
Lupe Flores
1104 Orleans, Law Office
Don Lightfoot, Project Contractor
365 West Railroad
Speaking in OPPosition of this Re nest
None
Beaumont, Texas
Beaumont, Texas
Beaumont, Texas
Vidor, Texas
Beaumont, Texas
Vidor, Texas
Staff Analysis was presented by Murray Duren, Sr. Planner.
Sneaking in Reference to Staff Analysis:
Lupe Flores
1104 Orleans, Law Office Beaumont, Texas
The Reverend T.R. Blanco
1600 North Main
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Vidor, Texas
Isabel Gonzales
3475 Corley Beaumont, Texas
Twenty-five notifications of the public hearing were sent to people owning
property within 200 feet of the subject property.
Board Member Smith made the motion to grant the variance based on the
following reasons:
Condition A would be met due to the growing church population and
the need for additional space for the educational growth and cultural
influence of the children.
Condition B would be met since the proposed structure passes the
fire ordinance requirements.
Condition C would be met because of the historical significance of
the project.
The motion was seconded by Board Member Lanier.
Motion to grant the variance carried 4:0.
2) File 339-BA: Request for a special exception to allow the renovation and
enlargement of a non -conforming store and washateria located in an RS
(Residential Single -Family Dwelling) district at 4015 Park Street; Hossein
Ghanbari owner and applicant; Lots 8-10, Block 21, W.W. Chaison Addition.
Staff recommended that the requested special exception be approved for the
renovation and enlargement of the convenience store and washateria on Lots
9 and 10. Staff recommended denial of the applicant's request to expand his
commercial business onto Lot 8 which would denote commercial expansion
of RS designated property. Staff also recommended that the parking as
proposed on Lots 9 and 10 be approved as being adequate for the use.
The applicant met the following conditions of approval for special exceptions:
Condition A; whereas it provides for the reconstruction, extension,
or enlargement of a building occupied by a nonconforming use on
Lots 9 and 10 as long as the reconstruction, extension, or
enlargement does not prevent the return of the property to a
conforming use.
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Condition C; gives the Board the authority to waive or reduce off-
street parking when the Board finds the same unnecessary for the
proposed use of the building for which the special exception request
applies.
Staff recommended the additional conditions that, if in the future the north
extension of the building is removed, then that vacant area only be used as
open space or for additional parking. Also the use of that portion of the
building shall be limited to storage related to the attached washateria and
convenience store.
Speaking in Favor of this Request
Hossein Ghanbari
4085 Park Street Beaumont, Texas
Speaking in 01212osition of this Re uest
None
Staff Analysis was presented by Murray Duren, Sr. Planner.
Speaking in Reference to Staff Anal
None
Twenty-two notifications of the public hearing were sent to people owning
property within 200 feet of the subject property. Three favorable responses
and one response in opposition were received.
Board Member Thompson made the motion to approve the special exception
to allow for the renovation and enlargement of the convenience store and
washateria on Lots 9 and 10 only and to approve the special exception for
the parking as proposed on Lots 9 and 10 be approved as being adequate
for the use. The motion also included the additional conditions that, if in
the future the north extension of the building is removed, then that vacant
area only be used as open space or for additional parking. Also the use of
that portion of the building shall be limited to storage related to the
attached washateria and convenience store. The motion was seconded by
Board Member Smith.
Motion to approve the special exceptions and conditions carried 4:0.
There being no further business, the meeting was adjourned.
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