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Home My WebLink AboutAug 2021 BOA Packet*AGENDA* BOARD OF ADJUSTMENT August 5, 2021 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:00 p.m. The meeting will also be broadcasted on the City's YouTube channel: https://www.youtube.com/channel[UCnY6nNk8zfXZulMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the meeting held July 1, 2021. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File PZ2021-226: To consider a request for a Special Exception to the minimum side yard setback requirement where nonconforming buildings were in existence at the time of passage of the ordinance in an RM-H (Residential Multiple -Family Dwelling —Highest Density) District. Applicant: Richard Faust Location: 885 Powell Street 2) File PZ2021-229: To consider a request for a Special Exception to reduce off- street parking requirements in a GC -MD (General Commercial - Multiple Family Dwelling) District. Applicant: James Farrelly Location: 7185 Tram Road OTHER BUSINESS ADJOURN Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES>. BOARD OF ADJUSTMENT July 1, 2021 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on July 1, 2021 and called to order at 3:06 p.m. with the following members present: Chairman Dana Timaeus Board Member Joey Hilliard Board Member Tom Rowe Board Member Lee Smith Board Members absent: Board Member Jeff Beaver Alternate Board Member Christy Amuny Also present: Demi Laney, Senior Planner Sharae Reed, First Assistant City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for June 3, 2021. Board Member Rowe seconded the motion. The motion to approve the minutes carried 4:0. Chairman Timaeus informed the applicant that with only four (4) members present, an approval would require a unanimous vote. He explained the applicant's options of continuing the meeting with the members present or postponing to a future meeting. The applicant chose to continue with the meeting. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:08 p.m. PUBLIC HEARING 1) File PZ2021-181: To consider a request for a Variance to the required minimum front yard setback for a carport to be reduced from 25' to 6' in an R-S (Residential -Single Family Dwelling) District. Applicant: Fredrick Marion Location: 4875 Buffalo Street Ms. Laney presented the staff report. Fredrick Marion is requesting a variance to the minimum front yard setback for the property located at 4875 Buffalo Street. The property is zoned Residential Single - Family (R-S) and therefore requires a 25' front setback. BOARD OF ADJUSTMENT July 1, 2021 The applicant has an existing carport and therefore must request a Variance for an additional carport in the front setback. The open-air carport will extend out 25'in length and 20' in width. The length of the structure will encroach approximately 19' into the required setback and be situated 6' from the front property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property, site plan, and surrounding area were shown. Twenty-three (23) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or opposition. The applicant, Fredrick Marion, 4875 Buffalo Street, addressed the board. He stated that he has owned the property for twenty-three (23) years and that he would like to add a carport to help him get in and out of his vehicle without being in the elements. He added that having the carport would keep him from getting exhausted getting in and out of the vehicle, as he has health issues. Chairman Timaeus asked if Mr. Marion owned more than one property and the applicant replied that he owns the subject property and the property next door. Board Member Rowe asked if the vehicles in the pictures were the usual vehicles parked at the property and Mr. Marion confirmed this to be the case. Board Members Smith and Hilliard both complimented the applicant on the upkeep of the properties. Chairman Timaeus moved to approve the request allowing a Variance to the required minimum front yard setback for an open air carport to be reduced from 25' to 6' in an R-S (Residential -Single Family Dwelling) District, as requested in File PZ2021-181. Board Member Hilliard seconded the motion. A 2 BOARD OF ADJUSTMENT July 1, 2021 roll call vote was taken. Chairman Timaeus-Aye, Board Member Hilliard -Aye, Board Member Rowe - Aye, Board Member Smith -Aye. The motion to approve carried 4:0. Chairman Timaeus thanked the applicant for going through the correct process by making the request before the work was done. The other Board Members concurred and also thanked Mr. Marion. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:15 p.m. 3 DATE: August 5, 2021 TO: Board of Adjustment FROM: Demi Laney, Senior Planner SUBJECT: To consider a request for a Special Exception to the minimum side yard setback requirement where nonconforming buildings were in existence at the time of passage of the ordinance in an RM-H (Residential Multiple -Family Dwelling — Highest Density) District. FILE: PZ2021-226 STAFF REPORT Richard Faust, Faust Engineering, has applied for a Special Exception to the minimum side yard setback requirement where nonconforming buildings were in existence at the time of passage of the ordinance for the property located at 885 Powell Street. The term "Special Exception" shall mean a deviation from the requirements of the zoning ordinance, specifically enumerated herein, which shall be granted only in the following instances, and then only when the Board finds that such Special Exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. The Special Exception, Sec. 28.02.005 (B) (vi), allows a waiver from the minimum interior side yard setback where nonconforming buildings were in existence at the time of passage of the ordinance. This structure was in existence in 1962 per Jefferson County Appraisal District records. Mr. Faust has applied for a minor plat and therefore requests to adjust the interior side property line to be situated 1.89' from the existing structure. By strict compliance with the City of Beaumont Zoning Regulations, the minimum side yard setback would be 5' for a one-story structure. Approval of this request would allow the interior side yard setback for a one-story house to be reduced from 5' to 1.89' upon final recordation with the Jefferson County Clerk's Office. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 26 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Plat F, Tracks 17, 18 & 19, out of the D Brown Survey, Beaumont, Jefferson County, Texas, containing 0.345 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Richard Faust PROPERTY OWNER: JOHNSON FRANK V JR ESTATE LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Elementary School EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: 885 Powell Street RM-H (Residential Multiple -Family —Highest Density Dwelling) —0.345 acres Residential X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RM-H (Residential Multiple -Family —Highest Density Dwelling) RM-H RM-H RM-H Conservation and Revitalization Powell St — Local Street with a 27' right-of-way and 14' pavement width. Jackson St — Local Street with a 30' right-of-way and 25' pavement width. Open Ditch 12" Water line 8" Concrete sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' POLLARD AQUILLA R NARCISSE WANDA F GUILLORY RICHARD G JR & LEESEN LLC - 860 JACKSON MIMS RONNIE JOHNSON LINDA S JONES BILLIE MARIE PHILLIPS STEPHEN BENARD WILSON CARLA D EXXONMOBIL OIL CORPORATION JOHNSON FRANK V JR JOHNSON FRANK V JR JACKSON ST CHURCH OF GOD IN JACKSON ST CHURCH OF CHRIST DOUGLAS JAKE S III CRAIN RHONDA GREEN ARTHUR LOPEZ FRANCISCO RAMIREZ BAILEY JOSEPHINE COMPTON ET AL HUNT RANDALL WYCOFF JOHN 0 BEAUMONT ISD PHILLIPS STEPHEN BENARD MARTIN JONATHAN & LEKISHA MCCLURG JOHN & MARIA TRUSTEES OF JOHN & MARIA FAMILY WILLIAMS BOBBY JR BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Special Exception Case #: PZ2021-226 Location: 885 POWELL ST, BEAU, 77701 Case Status: PAY FEES Tag Name: Board of Adjustment Application Initiated On: 7/14/2021 3:48:19PM Individuals listed on the record: Applicant Richard Faust Home Phone: 409-813-3410 5550 Eastex Freeway, Suite O Work Phone: Beaumont, TX 77708 Cell Phone: 409-813-3410 E-Mail: richard@fausteng.com Property Owner Kimberly Johnson Home Phone: 512-658-8892 6600 Ed Bluestein Blvd., 211 Work Phone: Austin, TX 78723 Cell Phone: 512-658-8892 E-Mail: Case Type: Planning and Zoning Page 1 of 2 Case #: PZ2021-226 Printed On: 7/28/2021 BEAUMONT Planning R Community Development Extend/enlarge a building occupied by N a nonconforming use on the lot or tract occupied by such building, provided that the construction does not prevent the return of the property to a conforming use the front yard setback of abutting lot N does not meet the front yard requirement or the rear yard setback of any 4 or more lots in same block do not meet the rear yard requirements Existing front yard setbacks of the N various lots in the same block are not uniform A yard exception on corner lots N Minimum front yard requirements for N owner identification signs Minimum interior side yard setback N requirement for owner identifications signs for existing businesses which were developed prior to 4/1/1981 An exception from the minimum side Y yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance. Waive/reduce off-street parking and N loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies Exception for 10 additional feet in N height for an advertising sign Notes: Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2021-226 Printed On: 7/28/2021 FA UST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 5550 Eastex Freeway, Suite O Beaumont, Texas 77708 Surveying Firm No. 10002400 Engineering Firm No. F-4800 July 14, 2021 Board of Adjustments City of Beaumont 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: 885 Powell Street, Beaumont, Beaumont Our firm was engaged to provide surveys of the above -referenced properties. Upon completion of our work, we found that the structure located at 885 Powell Street overlapped the east line of the 890 Jackson Street property. In order to resolve the boundary conflict, we are proposing a minor plat to relocate the boundary line between the 2 structures, which would require us to reduce the side setback line and the minimum frontage requirement for 885 Powell Street. Attached is a drawing which shows the proposed boundary line, the requested reduction in the side setback line, and the reduction in the minimum frontage for 885 Powell Street. Thank you for your consideration of these items. If you have any questions, I may be reached by telephone at 409-813-3410. For The Firm, � of T� :9tP PoCHARD V.4 . FAUST... . I plav�:'0�4782 op, .. Q : Q. Richard F. Faust, President UFi Faust Engineering and Surveying, Inc. SURVEY LEGEND —E li`—ELECTRIC LINE CONCRETE SURFACE O SHIMMING POOL ❑ A C. AIR CONDITIONING UNIT = _ _ =M" FENCE —PL—PL—PIPELINE ® COVERED AREA DITCH • PP POWER POLE CHAIN LINK FENCE —T—T— TELEPHONE LINE ROCK OR GRAVEL LAM ):( STREETLIGHT %BARBED HIRE FENCE N SCALE.., 1' = 30' POINT FOR CORNER S 02 59'48" E 10.86'- (CALLED SOUTH) —E E� FOUND 112"- REBBAR w I POWELL STREET #885 S 8643'OQ" W S 86 29'18" W 50.00 48.11 ' ROCK EDGE OF —E—ASPHALT —E -�-� • - ROAD COV'D HOOD CONC WALK : -CONC DRIVE. : 8.07 CONC LLJ FCONC Ui TWO STORY W WOOD FRAME Z RESIDENC ON a A. C. CONC SLAB COON J Lo Q COLD U) CONC M� w iB.14' I w $ <-'CONC`sn r CONC N 86 43'06 E 50.00' #890 ON BLOCKS N£A R aoSEr STEPS l CONC WALK l N 86 29'18" E 49.19' JA CKSON STREET 9 BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYCTFM OF 1QA2 g0lrrM rFA/T17A1 MA1F AAl1) APF f?A'ZFf) nAl THE AJ!)RTH File PZ2021-226: To consider a request for a Special Exception to the minimum side N and setback requirement where nonconforming buildings were in existence at the time of passage of the ordinance in an RM-H (Residential Multiple -Family Dwelling —Highest Density) District. Applicant: Richard Faust 0 100 200 Location: 885 Powell Street I I I I Feet ROM= j RM-H RW A -.y . S f ,—I �POWEL -- RM ��C3..ER - U+ DATE: August 5, 2021 TO: Board of Adjustment FROM: Demi Laney, Senior Planner SUBJECT: To consider a request for a Special Exception to reduce off-street parking requirements in a GC -MD (General Commercial - Multiple Family Dwelling) District. FILE: PZ2021-229 STAFF REPORT James Farrelly, on behalf of Dollar General, has applied for a Special Exception to reduce off- street parking requirements for the property located at 7185 Tram Road. The term "Special Exception" shall mean a deviation from the requirements of the zoning ordinance, specifically enumerated herein, which shall be granted only in the following instances, and then only when the Board finds that such Special Exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. The Special Exception, Sec. 28.02.005 (C), allows a waiver to off-street parking when the Board finds the requirement is unnecessary for the proposed use of the building for which the request applies. The A&E Plan Coordinator, Randy Martin, states the stores average around 15-20 transactions per hour. He assured that the requested 35 parking spaces would accommodate the customer flow rate during regular business hours and peak Christmas season. By strict compliance with the City of Beaumont Zoning Regulations, the Dollar General would require 53 parking spaces based off the size of the building. The store requests permission to have thirty-five (35) parking spaces instead of the required fifty-three (53) parking spaces for this type of use and building size. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 12 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION BEGINNING at a %2" rebar found in the south line of Tram Road; said rebar being the northwest corner of a tract conveyed to Isidro and Rita Guerrero as described in Clerk's File No. 2003044299 of the Real Property Records of Jefferson County, Texas, and the northeast corner of the herein described tract; THENCE South 10°34'37" West (called South 13°28'53" West) along the west line of the Guerrero tract, a distance of 317.66 feet (called 318.42 feet) to a 5/8" rebar found for the southwest corner of the said Guerrero tract; said rebar being the southeast corner of the herein described tract; THENCE North 79°51'28" West along the remainder of said Tract I, a distance of 207.00 feet to a %2" rebar set and capped "FAUST" for the southwest corner of the herein described tract; THENCE North 10°34'56" East along the remainder of said Tract I, a distance of 315.37 feet to a %2" rebar set and capped "FAUST" on the south line of said Tram Road; said rebar being the northwest corner of the herein described tract; THENCE South 80°29'27" East (called South 779 V00" East) along the south line of said Tram Road, a distance of 207.00 feet to the POINT OF BEGINNING and containing 1.50 acres of land, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: James Farrelly PROPERTY OWNER: Quail Land Company, LLC, A Limited Liability LOCATION: 7185 Tram Road EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Vacant —1.50 acres Vacant X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: GC -MD (General Commercial Multiple -Family Dwelling) GC -MD SOUTH: Vacant GC-MD-2 (General Commercial Multiple -Family Dwelling-2) WEST: Vacant GC -MD COMPREHENSIVE PLAN: Stable Area STREETS: WATER: SANITARY SEWER SERVICE: Tram Road — Secondary Arterial with a 67' right-of-way and 25' pavement width. Open Ditch 6" Water line 8" Concrete sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' ORTIZ MARIA DEL ROSARIO JENNINGS NATHAN OWENS MACLYN & JODY C JARAMILLO LUIS & BRANDY GUERRA GUERRERO ISIDRO & RITA S A J REAL ESTATE LLC REYNOLDS JOSHUA C QUAIL LAND CO LLC QUAIL LAND CO LLC WILLIAMS RICHARD JR MURPHY KATHY DIANE LOWER NECHES VALLEY AUTHORITY BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Special Exception Tag Name: Dollar General # 23412 Case #: PZ2021-229 Initiated On: 7/15/2021 3:00:17PM Location: 7185 TRAM RD, BEAUMONT, TX, 77713 Individuals listed on the record: Applicant James Farrelly 361 Summit Blvd., Suite 110 Birmingham, AL 35243 Aqent James Farrelly 361 Summit Blvd., Suite 110 Birmingham, AL 35243 Property Owner Quail Land Company, Llc, A Limited Liability Company 1405 N. University Ave. Lubbock, TX 79415 Case Type: Planning and Zoning Case #: PZ2021-229 Home Phone: 205-263-4589 Work Phone: Cell Phone: 504-258-8770 E-Mail: kfarrelly@cgpre.com Home Phone: 205-263-4589 Work Phone: Cell Phone: 504-258-8770 E-Mail: kfarrelly@cgpre.com Home Phone: 512-818-3095 Work Phone: Cell Phone: E-Mail: lanceinderman@gmail.com Page 1 of 2 Printed On: 7/16/2021 BEAUMONT Planning & Community Development Extend/enlarge a building occupied by N a nonconforming use on the lot or tract occupied by such building, provided that the construction does not prevent the return of the property to a conforming use the front yard setback of abutting lot N does not meet the front yard requirement or the rear yard setback of any 4 or more lots in same block do not meet the rear yard requirements Existing front yard setbacks of the N various lots in the same block are not uniform A yard exception on corner lots N Minimum front yard requirements for N owner identification signs Minimum interior side yard setback N requirement for owner identifications signs for existing businesses which were developed prior to 4/1/1981 An exception from the minimum side N yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance. Waive/reduce off-street parking and Y loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies Exception for 10 additional feet in N height for an advertising sign Notes: Case Type: Planning and Zoning Page 2 of 2 Case 4: PZ2021-229 Printed On: 7/16/2021 DOLLAR GENERAL Dollar General Corporation 100 Mission Ridge Goodlettsville, TN 37072 July 15, 2021 Demi Laney I Senior Planner I City of Beaumont Planning Division 801 Main Street, Ste. 210 1 Beaumont, Texas 77701 Phone: 409-785-4750 Parking requirements at the proposed Dollar General location at 7185 Tram Road, Beaumont, TX. Dear Demi, Through the years Dollar General has been in the process of refining the design criteria for new store development. With over 16,000 stores in productive operation, we have gathered a significant amount of data. One area in which we are balanced between development cost and customer need is in the area of parking requirements and accessibility for our build -to -suit locations. Our stores average around 15-20 transactions per hour. We have estimated and confirmed that 35 spaces would accommodate the customer flow rate that our business generates. This standard has been sufficient for even the traffic generated at the peak Christmas Season levels. Thanks for your consideration and feel free to contact me with any other questions you may have. Best regards, Randy D. Martin A&E Plan Coordinator - Western Region AZ, CA, CO, IA, KS, MN, ND, NE, NM, NV, OK, OR, SD, TX, WA&WY. EMAIL; rmartin@dollargeneral.com . e*i��on�«oO�IdV § q Svx� | w|». + ' NnON s� Rr' o n39 |\ E\J; '%#WoL'�uooa� «,? ( m( $ w: ■ ;•M.`, FIVIDN30 ZJV]]0@ n \ f §� ) \� § & zI Co {i A 3 pp F g y, �� aF i to �e a t 6 3 g� �� Sg�� C 11 fti2 A D oil 3x H 8$ co o � 3 � m pv� yfli� :{ Fd{�{ t a'EE jj tf {Fii3ddd € y�� ill � d U I& d°{ of 3•i i+� k{ Fj ;a f�ji{ FgaE fF5 T�{ sE €{IS{ fe t g {}{t•i} {{S {{ t f � w ggg Ie� l3 (�� )Jill If! 8i i ls; FI Yif $T6 Lnopoo y € File PZ2021-229: To consider a request for a Special Exception to reduce off-street N parking requirements in a GC -MD (General Commercial - Multiple Family Dwelling) District. Applicant: James Farrelly 0 100 200 Location: 7185 Tram Road I I I I Feet Legend I' PZ2021-229 R-S j - - - - -- -- raA,M - OV R-S i iG.C-`MD / m- - -- — i` R-S—