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HomeMy WebLinkAbout12-5-02 BA Minutes*MINUTES* BOARD OF ADJUSTMENT December 5, 2002 City Council Chambers A meeting of the Board of Adjustment was held on December 5, 2002 at 3:00 p.m. with the following members present: Chairman Bob Harris Board Member Georgine Guillory Board Member Lamar Roach Alternate Member Joey Hilliard Alternate Member Gladys Allen Board Members absent: Board Member Dohn LaBiche Board Member Mary Jowers Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Don Burrell, Building Official; Cheryl Robinson, Senior Planner; Tom Warner, Public Works Director APPROVAL OF MINUTES Board Member Roach made a motion to approve the minutes of the November 7, 2002 Public Hearing. Alternate Member Hilliard seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES 1) File 484-BA: A request for variances to the maximum size requirement of 12 square feet and the minimum setback requirement of 5' for signs in the Oaks Historic District to 34 square feet and 0', respectively. Location: 2611 Laurel Applicant: Cliff Huebel BOARD OF ADJUSTMENT December 5, 2002 Mr. Richardson stated that Cliff Huebel, President of Outsource Staffing, has been notified of the expiration of the amortization period for signs in the Historic District on the South side of Calder. The existing sign is 34 square feet in size and 0' from the property line. Mr. Huebel purchased the building last year and the sign was already in place. The sign is of a molded material similar to concrete and feels that it cannot be moved. The sign is only one foot from the edge of the building. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Thirteen notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned to staff. Slides of the subject property were shown. Board Member Roach asked what the distance is from the sidewalk to the curb. Mrs. Abshire explained how the measurements were taken. She measured the width of the right-of-way. She found the center of Laurel and measured half of the right-of-way width out from the centerline of the street and came right to the sign, so the property line should be right at the sign. Mr. Richardson reminded the Board that Laurel was widened a number of years ago. Chairman Harris said it seemed that if the Board is having to consider the sign, they should also consider some of the building. Mr. Richardson said that the historic district regulations were specifically written to delete the need for the buildings to have to go through this process so it's just the signs that the City has to deal with. Chairman Harris opened the public hearing and asked for the applicant's comments. Rodney Johnstone, General Manager of Outsource Staffing, addressed the Board on behalf of Mr. Huebell. The building was bought with the sole purpose of increasing their visibility in the area. They moved from a building on IH-10 to this location. They removed the lights from the sign because they weren't in compliance. N BOARD OF ADJUSTMENT December 5, 2002 Board Member Guillory asked Mr. Johnstone if they were aware of the sign ordinance when they purchased the building. Mr. Johnstone replied that they were not. Mr. Richardson stated that a document was filed at the courthouse so when anyone bought a house in the district, it should show up on the title search. In the past, the title companies have missed that, but we are making an effort to make sure everyone is aware of that when they buy into the district. Chairman Harris asked if anything had been done about the building two doors down from the subject property. It has signs closer to the street that the subject property. Discussion followed and the building that Chairman Harris referred to was determined to be outside the Oaks Historic District. In response to Board Member Roach, Mr. Richardson read the response in favor of the request. In response to Board Member Guillory, Mr. Richardson said that staff had never received a complaint on the size of this sign. Chairman Harris clarified that the decision before the Board was the size of the sign and the location. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. Board Member Roach made a motion to approve a request for variances to the maximum size requirement of 12 square feet and the minimum setback requirement of 5' for signs in the Oaks Historic District to 34 square feet and 0', respectively at 2611 Laurel as requested in File 484-BA. Board Member Guillory seconded the motion. The vote on the motion to approve File 484-BA follows: Chairman Harris - For Board Member Guillory - For Board Member Roach - For Alternate Member Hilliard - For Alternate Member Allen - For K BOARD OF ADJUSTMENT December 5,2002 The motion to approve File 484-BA carried 5:0. 2) File 485-BA: A request for a variance of the required 40' side yard setback to 10'. Location: 685 S. Major Drive Applicant: Doguet's Rice Milling Company Mr. Richardson stated that the request was made in order to expand an existing warehouse. The building would be 10' from the property line. In October, 2002, City Council rezoned the subject property to Light Industrial. Doguet's Rice Company, which is located immediately south of the subject property, would like to expand an existing warehouse onto the vacant lot. Because the property across Morgan, which is the street immediately to the north, is zoned Residential Single Family Dwelling, the Zoning Ordinance would require Doguet's to be set back 40' from Morgan. Across the street from the subject property is a house and Amelia School. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Seven notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides were shown. Chairman Harris opened the public hearing and asked for comments. Debbie Robbins of Doguet's Rice Milling Co., the applicant, addressed the Board and said that there would not be an exit driveway added to service the warehouse. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between Board members followed. Board Member Roach made a motion to approve a request for a variance of the required 40' side yard setback to 10' at 685 S. Major Drive as requested in File 485-BA. Board Member Guillory seconded the motion. The vote on the motion to approve File 485-BA follows: 4 BOARD OF ADJUSTMENT December 5, 2002 Chairman Harris - For Board Member Guillory - For Board Member Roach - For Alternate Member Hilliard - For Alternate Member Allen - For The motion to approve File 485-BA carried 5:0. 3) File 486-BA: A request for an appeal to a decision of the Building Official concerning a violation of the City of Beaumont Code of Ordinances, Section 6-21, 3313.7. Location: 9030 McLean Applicant: Mike Sinclair Mr, Richardson stated that Sherman & Sherman, Inc. moved a house onto a vacant lot at 9030 McLean. The Code of Ordinances requires that the structure must be brought into compliance with all applicable codes and connected to water, sewer, electricity and gas within 90 days of the issuance of the permit. Failure or refusal to meet this deadline may result in the forfeiture of the required security of $5,000, The Building Official notified Mike Sinclair of Sherman & Sherman on September 10 that the house was in violation of City Code. Mr. Sinclair states that weather conditions have stalled the remodeling and is therefore appealing a decision of the Building Official to revoke the required security deposit due to noncompliance. Sixteen notices were mailed to property owners within 200 feet, No responses in favor and three in opposition were returned. In response to Board Member Roach, Mr. Richardson read the comments in opposition. Slides of the property were shown. In response to Member Hilliard, Don Burrell, Building Official answered that the original permit was issued on June 7. Chairman Harris opened the public hearing and asked for the applicant's comments. Mike Sinclair of Sherman & Sherman, Inc., the applicant, addressed the Board. He stated that they have already moved one house into this neighborhood and it is located to the east BOARD OF ADJUSTMENT December 5,2002 of the subject property. They have moved a total of 3 houses this year. He said that they have been inundated with rain this year. As far as no one being at the job site, there are any number of bills to show that work is being done. To date, $32,545.38 has been spent on the house and people are there all the time. The heating and air conditioning rough in is completed, but haven't received the final yet because we have to do some other items. Mr. Rooter is currently completing his rough -in on the plumbing. The roof has been raised on the rear 13" to accommodate the air conditioning duct. The old duct was removed and new duct put in and the bedroom has been enlarged by 4'. Two bedrooms and one bath have been added on one end. A cathedral ceiling was installed in the kitchen and storm windows added to the back and french doors. There is a dormer window on the front and all new aluminum windows --all but two have been installed. The walls in the kitchen and the living room were removed to make one large den and living area. An island will be installed in the kitchen. 13' has been added to the master bath and a 5' x 13' closet in the bathroom has been added. These things are not obvious from the outside, they are all inside additions, because they have not been able to do anything outside because of the weather. Board Member Guillory asked how long the roof had been on the house. Mr. Sinclair said that they are still working with the same roof because they haven't had enough dry weather to put on a new roof. Board Member Roach asked Mr. Sinclair why he didn't advise the City of all the additional work that he was planning for the house and that it would be almost impossible to meet the 90 day deadline as stated on the permit that he was obtaining. Mr. Sinclair said that if weather would have permitted, they could have met the deadline. Board Member Roach said that he did not agree on the amount of rain and still did not understand how they could not have known that they would not make the 90 day deadline. Mr. Sinclair replied that the schedule on the remodeling was changed along the way because the owner wanted to do some things that weren't originally planned. Board Member Roach asked if they came back to the City at the time the schedule was changed and requested more time. Mr. Sinclair replied that they had not because when they get the permits with a 90 day deadline, there is normally enough time, unless we have to do something extraordinary. He said that they have been extremely affected this year because of the rain. The figures that were provided are valid in what's been done to the house and what the cost has been. 0 BOARD OF ADJUSTMENT December 5, 2002 Board Member Roach said that he didn't doubt that all the attempts were made, he just didn't understand that if there was so much work to do, why they waited so long and the City had to notify them that they were in violation. Mr. Sinclair said that they have worked on the house every week Board Member Roach said his concern is that it is three months past the end of the 90 day deadline and they are just now coming to City wanting relief. Mr. Sinclair said he knew they were going to be late, but when they get the permits, they are for 90 days. If there is a variance, then they have to do that after the 90 days. Member Hilliard asked what other codes besides water, sewer and electric must be met to appease the 90 day permit. Mr. Burrell said that the house has to be ready for occupancy. It has to meet electrical, gas and plumbing codes. It also has to be either painted or covered from the elements. Chairman Harris asked Mr. Sinclair what happened since his letter of September 19 to Mr. Richardson stating that they would be finished by November 15. Mr. Sinclair said that a tremendous amount of work has been done on the inside because they've not been able to do anything outside and asked for 45 days to finish the work. Discussion between Board members and Mr. Sinclair followed regarding weather conditions in the past year and how it has affected businesses. Board Member Roach clarified that if the request is not granted by the Board the applicant forfeits his $5,000. Mr. Richardson confirmed that and reiterated that that is what is being considered by the Board. Board Member Roach asked if the applicant forfeits the $5,000 today, can he apply for another permit, put up another $5,000 security bond and start over with another 90 days. Mr. Cooper said that the reading of the ordinance is the applicant gets 90 days to make all utility connections with his $5,000 bond. If he doesn't do it within the 90 days, he forfeits the bond and the City is hereby authorized to demolish the structure and clear the lot. By signing the application for a residential permit, the owner or agent of an owner 7 BOARD OF ADJUSTMENT December 5, 2002 agrees that the structure may be demolished by the City if it becomes necessary to forfeit the security required by the ordinance. Mr. Burrell said that in order for the City to release the utilities, the house has got to be ready to be occupied. Member Hilliard clarified if the applicant forfeits the bond that he can walk away. Chairman Harris said the applicant would also have to forfeit the house. Mr. Cooper said that the City can at that point demolish the structure and clear the lot. Chairman Harris said he was at the site before the meeting and there were no workers there. Mr. Sinclair said he left 8 workers at the site today. Chairman Harris asked for comments in favor or in opposition. Karen Haynes, 9070 McLean, addressed the Board. She lives three houses down from the subject property. Chairman Harris closed the public hearing. Board Member Roach made a motion to deny the appeal to a decision of the Building Official concerning a violation of the City of Beaumont Code of Ordinances, Section 6-21, 3313.7 for the structure at 9030 McLean as requested in File 486-BA. The motion to deny failed for lack of a second. No other motions were made, therefore automatically denying the request of File 486-BA. Mr. Sinclair asked what was the status of his request. Mr. Cooper said that the Building Official's decision to require forfeiture of the security deposit stands. BOARD OF ADJUSTMENT December 5, 2002 Mr. Sinclair addressed the Board again. He said that Sherman & Sherman has made every effort to do the right thing in this matter. The figures that were given are hard bills that have been paid for work on the house. He said lie regretted the confusion regarding the weather conditions, but the reason the house isn't completed is because of the weather conditions. He said that his loss on the house doesn't even include the moving of that house. Board Member Guillory asked the owner if he was aware of the 90 day deadline. The owner said he was aware of the deadline, but confirmed that the weather has delayed the completion of the house. Discussion occurred between Mr. Cooper, the applicant and owner regarding what options are left. Mr. Sinclair asked how soon minutes from the meeting would be available. Mr. Richardson replied that draft minutes would be available late tomorrow afternoon. Chairman Harris re -opened the public hearing, Avis Rigsby, 9055 McLean, addressed the Board and said that only two workers were working at the property today and there have been weeks that have passed with no one working on the house. Further discussion between Board members regarding time limits. Board Member Roach clarified that if the Board passed any motion on the request, the applicant would have civil recourse. Board Member Roach made a motion to deny the appeal to a decision of the Building Official concerning a violation of the City of Beaumont Code of Ordinances, Section 6-21, 3313.7 for the structure at 9030 McLean as requested in File 486-BA. Alternate Member Hilliard seconded the motion to deny. The vote on the motion to deny File 486-BA follows: Chairman Harris - For Board Member Guillory - For Board Member Roach - For Alternate Member Hilliard - For z BOARD OF ADJUSTMENT December 5, 2002 Alternate Member Allen - For The motion to deny File 486-BA carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:02 P. M. I