HomeMy WebLinkAbout6-4-87 BA MinutesMINUTES
PUBLIC HEARING
BOARD OF ADJUSTMENT
June 4, 1987
CITY COUNCIL CHAMBERS
CITY HALL, BEAUMONT, TEXAS
2:00 P.M.
A meeting of the Board of Adjustment was held on June 4, 1987 with the following
members present:
Chairman Milton Bell
Commissioner Whit Outlaw
Commissioner Ron Lanier
Commissioner Charles Thompson
Commissioner Gerald Farha
Commissioner Bettye Smith
Cos-iiiiissioner absent: Preston Shaw.
Also present: Kist Anderson, Senior Planner/Landscape Architect, Norman
Whitaker, Planning Director; Tyrone Cooper Assistant City Attorney; Walterine
Brown, Recording Secretary.
APPROVAL OF MINUTES
Commissioner Smith requested that the minutes should state that Mr. Alvin
G. Randolph spoke at the May 7, 1987 meeting.
Commissioner Smith made a motion to approve the minutes of May 7, 1987 and
May 15, 1987.
Seconded by Commissioner Thompson.
Vote carried 5-0.
FILE 320-BA. An appeal concerning Section 30-30B (2) of the Zoning Ordinance
to determine if a specific use permit is required to open a drinking place
at 2405 Hegele, on property described as Tract 45, Plat B-10, J. W. Bullock
Survey.
Norman Whitaker made a presentation on the duties and background of handling
an Appeal.
There were documents presented by Norman Whitaker referencing a Specific
Use Permit (File 1019-P) that was reviewed by the Planning Commission and
City Council in 1986. The specific use permit for a bar at this location
was denied by City Council.
The staff is recommending denial based on the applicant not demonstrating
a reasonable difference of interpretation as to the specific intent of the
Zoning Ordinance; the granting of the appeal would result in a special privilege
to one property owner which is inconsistent with other property or uses in
similarity in the area; the approval of the appeal would not be in the best
interest of the community and would not be consistent with the intent and
interest in spirit of the City's zoning laws. The applicant is Eddy Autry.
The tavern was closed in December, 1984.
SPEAKING IN FAVOR OF THIS REQUEST
Elmo Willard, Attorney for Eddy Autry
Mr. Willard submitted affidavits to the staff.
Mr. Tyrone Cooper Assistant City Attorney explained the memo that was submitted
which outlines the meanings of vacant and abandon.
SPEAKING IN OPPOSITION OF THIS REQUEST
Louis Aplon
2390 Hegele St.
Etha B. Adams
2310 011ie Street
Mrs. Lorenza Felix
2375 Potts Street
Alvin G. Randolph
3175 Blossom Dr.
REBUTTAL
Mr. Elmo Willard, Attorney for Eddy Autry
Commissioner Farha abstained in the voting.
Motion was made by Commissioner Smith to affirm the decision of the Planning.
Director on File 320-BA.
Seconded by Commissioner Thompson.
Vote carried 5-0.
FILE 323-BA. Request for a special exception to permit the enlargement of
a building occupied by a non -conforming use on lots occupied by said building
at 4207 Concord Road.
The staff recommended approval based on the special exception will not adversely
affect the value and use of the adjacent properties; the applicant will be
required to construct a b' fence along the North and South sides of the property;
the special exception will not be contrary to the best public interest and
the enlargement will not prevent the return of the property to a conforming
use. The applicant is Aaron Hunter.
SPEAKING IN FAVOR OF THIS REQUEST
Aaron Hunter
SPEAKING IN OPPOSITION OF THIS REQUEST
Mrs J. B. Stephens
4385 Redwood
Mrs. Bernice Tannahill
4325 Woodlawn
REBUTTAL
Aaron Hunter
Motion was made by Commissioner Thompson to grant the special exception.
Seconded by Commissioner Outlaw.
Vote carried 4-1.
ADJOURN