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HomeMy WebLinkAbout5-15-03 BA Minutes*MINUTES* BOARD OF ADJUSTMENT May 15, 2003 City Council Chambers A Special Meeting of the Board of Adjustment was held on May 15, 2003 and called to order at 3:00 p.m. with the following members present: Chairman Bob Harris Board Member Mary Jowers Board Member Pat Avery Board Member Joey Hilliard Alternate Member Gladys Allen Alternate Member Justin Howard Board Members absent: Alternate Member Sam Pullig Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner/Floodplain Administrator APPROVAL OF MINUTES Board Member Jowers made a motion to approve the minutes of the May 1, 2003 Board of Adjustment meeting, Board Member Hilliard seconded the motion. The motion to approve carried 6:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 498-BA: A request for a variance to the required lowest floor elevation for a house to be built in a designated floodplain. Location: 5399 Downs Road Applicant: Thomas Louis BOARD OF ADJUSTMENT May 15, 2003 Mr. Richardson stated that the request is for a variance to the required construction standards for the lowest floor elevation of a residential structure at 1' 6" above the base flood elevation. Mr. and Mrs. Thomas Louis, the property owners, plan to build a home at 5399 Downs Road in the Tyrrell Park area. When a building permit was applied for, they were informed that their property fell within a special flood hazard area inundated by 100-year floods. FEMA included this property in a special flood hazard area in the latest revisions to the Flood Insurance Rate Maps adopted by the City of Beaumont on August 6, 2002. The City of Beaumont Flood Zone Ordinance requires that any new residential construction shall have the lowest floor (including basement) elevated by a minimum of 1' 6" above the base flood elevation. To build at this elevation, Mr. Louis states that he would have to elevate his house 4.44' above the current grade. This elevation is due to a sunken den that is part of the house plans. He would like to construct the house 2.94' above the current grade which would be at the base flood elevation. Mr. Louis says that due to the size of his lot and the desire to maintain a 30' setback on the south side of the property, a very steep incline will be required on the north and east sides of the property. FEMA's NFIP Regulations state that variances may be issued by a community for new construction to be erected on a lot of one-half acres or less in size and contiguous to and surrounded by lots with existing structures constructed below 18 inches above the base flood level in conformance with the procedures spelled out in the staff report. The variance shall be granted upon: 1) A showing of good and sufficient cause 2) A determination that failure to grant the variance would result in exceptional hardship to the applicant 3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances 2 BOARD OF ADJUSTMENT May 15,2003 4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Eleven notices were mailed to property owners within 200 feet. Two in favor and none in opposition were returned. Mr. Louis submitted two responses in favor from neighbors that live on Downs Road but are outside the 200 feet. Slides of the subject property were shown. Adina Abshire, Floodplain Administrator for the City, addressed the Board. She said that while it is not a requirement, it is recommended by the City Building Codes Division that lots be built up to the minimum height required a radius of 8' all the way around the perimeter of the house for the slab to be stabilized. Board Member Hilliard asked if the subject area flooded during the last tropical storm. Mrs. Abshire said she was not aware of any flooding. The west end was affected the most during that storm, not the south end. Board Member Jowers asked if that was before August, 2002. Mrs. Abshire said that was a year before. Mrs. Abshire explained that when FEMA calculates the base flood elevation, they take into account what is considered a 100 year rain, so they're considering a certain amount of rain falling within a certain period of time and what would be inundated with that rain. Tropical Storm Allison exceeded the 100 year rain and that is one reason there is 18" required above the base flood elevation. FEMA encourages cities, counties, any municipality that is over the ordinance, to include some elevation above the base flood elevation --it is what is called call freeboard. In southeast Texas, there have been 3 or 4 rains in the last ten years that have exceeded the 100 year rain. The base flood elevation will protect homeowners from a 100 year rain, but if the 100 year rain is exceeded, anything that's built at base flood elevation could be inundated by water. Chairman Harris asked if a variance would be required if the applicants weren't putting in a sunken den. Mr. Richardson stated that the ordinance requires that the lowest floor is going to be the sunken den. BOARD OF ADJUSTMENT May 15, 2003 Alternate Member Howard remarked that the predominance of the house will be at 14" or more above the den because there will probably be two or three steps, so it is predominantly the den that will be below or at base flood elevation. Discussion followed between staff and the Board regarding levels shown on the slides. Chairman Harris opened the public hearing and asked for the applicant's comments. Priscilla Louis, the applicant, addressed the Board. Thomas Louis, the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. Wayne Davis, 5395 Downs Road, addressed the Board in favor of the request. Johnny Casmore, 7295 Ellen Lane, addressed the Board, Mr. Casmore is the building contractor for Mr. and Mrs. Louis. Mrs. Abshire addressed the Board. She pointed out that the 30' setback that the applicant showed is not the City's requirement. The City's requirement is only 15', so when they state there is going to be a 15' area in which to grade the rear of that property, in all actuality the requirement would allow them 30', so that is their own choice to move it. Mrs. Abshire noted regarding the insurance premiums, $300 a year isn't a huge difference in the two different premiums, but something that Mr. Louis said is... if he brought it up to the 18 ", he would be out of the floodplain. That is literally true and something he could do as a homeowner if he elevated it up that high, is apply to FEMA to have the property removed from the floodplain. It is called a letter of map amendment and to a homeowner there is no cost involved, it just takes some time. They might have to get a few maps together for them to show that he has built it up. If he removed the house from the floodplain by elevating it then he wouldn't even by required to have flood insurance. Discussion of insurance costs followed. Mrs. Abshire said that in August of last year, FEMA changed their maps and the City changed their ordinance upon FEMA's requirements. The maps did not include the subject area before August 2002, so the subject area was not in the floodplain. Discussion of building setbacks and lot orientation followed. 4 BOARD OF ADJUSTMENT May 15,2003 Chairman Harris closed the public hearing. Discussion followed between Board members. Board Member Jowers; made a motion to approve a variance to the required lowest floor elevation for a house to be built in a designated floodplain at 5399 Downs Road as requested in File 498-BA. Board Member Avery seconded the motion. The vote on the motion to approve File 498-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Avery - For Board Member Hilliard - For Alternate Member Allen - For Alternate Member Howard - Against The motion to approve File 498-BA carried 5: 1. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:00 P. M. 5