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HomeMy WebLinkAbout4-3-97 BA MinutesBOARD OF ADJUSTMENT April 3,1997 City Council Chambers A meeting of the Board of Adjustment was held on April 3, 1997 with the following members present: Board Member Glenn Bodwin Board Member Bob Harris Board Member Dohn LaBiche Board Member Chuck Mason Board Members Absent: Board Member Mary Jowers Also present: Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Maria Trapp, Planning Technician and Jill Cole, Recording Secretary. APPROVAL OF MINUTES Board Member Mason made a motion to approve the minutes of the February 6, 1997 Board of Adjustment Public Hearing. Board Member Bodwin seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 395-BA: A request for a special exception from the sign regulations which require the structural support of an owner identification sign be set back from the property line a minimum of 10 feet. Proposed is a setback of PC% Location: Northeast comer of North and 14th Streets Applicant: St. Elizabeth Hospital, James M. Pearson, Director of Plant Services Mr. Duren told the Board that the request originally came in as a request for a variance, but has since been changed to a special exception request. All four comers at 14th and North Streets are zoned General Commercial and are all part of hospital property. The proposed 9' x 8' sign, 2 1' in height, will show the location of the new "Minor Care Center". The hospital wants to set the pole for the 72 square foot sign 1'6" from the property line. BOARD OF ADJUSTMENT April 3, 1997 The hospital is concerned that if the sign is setback 10'from the property line, it won't be seen as easily. Board Member Harris asked why the hospital thinks the sign won't be seen if they were to move it so that it would comply. Mr. Duren explained that they want the sign to be seen from all directions. A variance was given for an elevator shaft further towards I I th Street in front of the building and it's coming out in the yard area, and the building itself was granted a variance and an agreement of encroachment to extend the building into the 14th Street right-of-way. In addition, City Council granted an encroachment agreement to the hospital for this sign to overhang the right-of-way, subject to a special exception or a variance. When you want to encroach into the right-of-way, the City Council grants those by resolution and sometimes it might involve an encroachment agreement and a setback. Council approved for the sign to encroach 2-3 feet over the right-of- way, but just for the face of the sign. The problem now is the setback for the structural support of the sign. It's still going to be behind the sidewalk. Mr. Duren said that the other two conditions for a special exception have also been met. The request wouldn't adversely affect the value or use of the adjacent neighboring properties. All of the adjacent neighboring properties are part of the hospital complex. And it would be in the public interest because staff feels that the public --patients, staff and visitors to the hospital complex, which has gotten quite large, and can be confusing, will benefit. The hospital feels that this sign will aid in identification of where to go, save time and not congest traffic anymore than necessary. Discussion between the Board and staff followed regarding placement of the support pole and the overhang that was approved by City Council. Board Member Harris, acting as Chairman, opened the public hearing and asked for comments. No comments were made and the public hearing was closed. Board Member LaBiche made a motion to approve the special exception as requested in File 395-BA. Board Member Bodwin seconded the motion. Motion to approve carried 4:0. 2) File 396-BA: A request for a variance from the front yard 25"building setback regulations for anew residential structure which encroaches 2. 1' into the required yard setback. The property is zoned RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 925 Schwamer Applicant: Fontenot Construction Company Mr. Duren said that the contractor has already poured the slab for the house and it is encroaching 2. V into the 25' setback, That's the most that it encroaches, N BOARD OF ADJUSTMENT April 3, 1997 The Planning Director recommended approval because the application meet conditions A, B and C. This area is in the Charlton -Pollard neighborhood. The City is involved in the construction of these homes, so tax money is being spent. This area is an area of Conservation and Revitalization and a lot of the homes are in fair to poor condition and there is a lot of vacant property. They're trying to redevelop this area with new single family homes, not apartments, and city development funds are being used to buy and clear these lots. Then they contract with various entities in the construction of these homes. A lot of the organizations involved are non-profit organizations and that's why staff feels that it meets Condition A because it is in the public interest. It the request is denied, the price of the house will of course increase because the slab will have to be redone. There are mostly vacant lots around the house so this encroachment would not block the view up and down the street. Staff feels that the, application meets Conditions A, B and C. Board Member Harris opened the public hearing and asked for comments. Richard Chappell, City of Beaumont Community Development Director, addressed the Board. He said they are in an active process of constructing 75 new homes in the. Charlton -Pollard neighborhood which will be of great benefit to the neighborhood and so far have received a warm reception from the neighborhood association , the school and residents. Linda Clark addressed the Board. Her mother, Billie Marie Jones owns the house next door to the subject property. Ms. Clark made comments regarding the property boundaries, Board Member Harris asked about the 33 notices that were sent to surrounding property owners. Mr. Duren said one response was returned in favor and none in opposition. Esther Comeaux addressed the Board in favor of the construction of the house. No further comments were made, Board Member Harris closed the public hearing. Board Member Mason made a motion to approve the variance request of File 396-BA. Board Member LaBiche seconded the motion. Motion to approve carried 4:0. Discussion of the workshop that was on the agenda. The Board members decided to postpone the workshop until a later date. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. K