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HomeMy WebLinkAboutOct 2021 BOA Packet*AGENDA* BOARD OF ADJUSTMENT October 7, 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/channelfUCnY6nNk8zfXZulMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the meeting held August 5, 2021. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File PZ2021-293: To consider a request for a Variance to the required setbacks for an on -premises sign in a GC -MD (General Commercial —Multiple Family Dwelling) District. Applicant: Mike Skinner Location: 4790 Magnolia Street 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 August 5, 2021 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on August 5, 2021 and called to order at 3:14 p.m. with the following members present: Chairman Dana Timaeus Board Member Joey Hilliard Board Member Lee Smith Alternate Board Member Christy Amuny Board Members absent: Board Member Jeff Beaver Board Member Tom Rowe Also present: Demi Laney, Senior Planner Sharae Reed, First Assistant City Attorney (attended by phone) Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for July 1, 2021. Board Member Smith seconded the motion. The motion to approve the minutes carried 4:0. Chairman Timaeus informed the applicants that with only four (4) members present, an approval would require a unanimous vote. He explained the applicants' options of continuing the meeting with the members present or postponing to a future meeting. The applicants chose to continue with the meeting. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:16 p.m. 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 Ms. Laney presented the 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. BOARD OF ADJUSTMENT August 5, 2021 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. Slides of the subject property, site plan, and surrounding area were shown. Twenty-six (26) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or opposition. Board Member Hilliard asked about the ownership of the property next door. Ms. Laney replied that the property owner owns both homes. She also explained that the other house did not need a special exception because it is considered a one and half story home and meets the required setback for a one story/one and a half story home. Chairman Timaeus asked if the case would be going to the Planning Commission after this decision and Ms. Laney confirmed this to be the case, as it would need a minor plat. The applicant, Richard Faust, representing Faust Engineering and Surveying, Inc., 5550 Eastex Freeway Suite O, addressed the Board. He stated that they completed the survey, found the encroachment issue and worked with the City to find a remedy to the situation. He added that both houses meet the City's square footage requirement and that it was easier to make 890 Jackson Street compliant and leave 885 Powell Street as is, because there is not enough land in between them. Chairman Timaeus asked about the plans for the property and Mr. Faust replied that it was going to be sold. Board Member Smith moved to approve the request allowing 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, as requested in File PZ2021-226. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Hilliard -Aye, Board Member Smith -Aye, Alternate Board Member Amuny-Aye. The motion to approve carried 4:0. 2 BOARD OF ADJUSTMENT August 5, 2021 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 Ms. Laney presented the 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 thirty-five (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 fifty-three (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. Slides of the subject property, site plan, and surrounding area were shown. Twelve (12) 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 was present. John White, representing Capital Growth Buchalter, 361 Summit Boulevard, Birmingham, AL, addressed the Board. He stated that according to various studies, Dollar General locations tend to have quick transactions which require fewer parking spaces. He added that this also allows for more room for water detention and landscaping. Richard Faust, representing Faust Engineering and Surveying, Inc., 5550 Eastex Freeway Suite O, addressed the Board. He stated that they had done the survey for this property and also had represented the owner in the rezoning decision. He stated that they just happened to both be before this Board today so he wanted to speak in favor of the request. He reiterated the applicant's arguments for a reduction in parking spots. Finally, he added that this property is in an area with flooding issues and that it would be in the interest of the City to have more detention and fewer parking spaces. Chairman Timaeus advised the applicant to recognize the flooding potential of the area and to have a carefully considered drainage plan. Discussion followed concerning the history of flooding in the area. 3 BOARD OF ADJUSTMENT August 5, 2021 Alternate Board Member Amuny moved to approve the request allowing a Special Exception to reduce off-street parking requirements in a GC -MD (General Commercial - Multiple Family Dwelling) District, as requested in File PZ2021-229. Board Member Smith seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Hilliard -Aye, Board Member Smith -Aye, Alternate Board Member Aluny-Aye. The motion to approve carried 4:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:32 p.m. 4 DATE: October 7, 2021 TO: Board of Adjustment FROM: Demi Laney, Senior Planner SUBJECT: To consider a request for a Variance to the required setbacks for an on -premises sign in a GC -MD (General Commercial -Multiple Family Dwelling) District. FILE: PZ2021-293 STAFF REPORT Mike Skinner is requesting a Variance for an on -premises sign to the property located at 4790 Magnolia Avenue. The property is zoned as General Commercial -Multiple Family Dwelling (GC -MD) and therefore requires that the structural supports for such signs shall be set back not less than ten (10) feet from any property line or street right-of-way. No part of any sign shall overlay the street right-of-way. The applicant is requesting the sign be installed five (5) feet away from all three (3) property lines at the corner of Magnolia Avenue and East Lucas Drive. Mr. Skinner ensures that the sign will not overlay into the street right-of-way. Please see the site plan located in your packets for a visual reference of the aforementioned. 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. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 5 and 6, Block 5, out of the Country Club Terrace Addition, Beaumont, Jefferson County, Texas, containing 0.43 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mike Skinner PROPERTY OWNER: NAZS ENTERPRISES INC LOCATION: 4790 Magnolia Avenue EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) PROPERTY SIZE: —0.43 acres more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential GC -MD (General Commercial -Multiple Family Dwelling) EAST: Residential SOUTH: Residential WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: R-S (Residential Single -Family Dwelling) GC -MD GC -MD Conservation and Revitalization Magnolia Ave - Secondary Arterial with a 61' right-of-way and 45' pavement width E Lucas Dr — Secondary Arterial with a 69' right-of-way and 30' pavement width Curb & gutter along Magnolia Avenue & Open ditch along E. Lucas Drive 2" water line 12" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' WALTER PRESTON WALTER PRESTON WALTER PRESTON DAVIS RONNIE GLENDELL SR NAZS ENTERPRISES INC RESENDIZ NESTOR & HERLINDA DGV INVESTMENTS LLC THOMAS STEVEN DILLAHUNTY FRANK & ANGELA OLIVER MITCHELLJ & DEBORAH SUE (LIFE ESTATE) GREEN ASHLEY PINKSTON RICKY DAVU SRINIVAS HAFFAN INC BATISTE ANDREW WALTON LILLIAN BATISTE ANDREW OWENS LARRY FERNANDEZ MARCELLA BATISTE ANDREW THIBODEAUXJUNE HEBERT DELAM RUFF NEW MARVI LLC BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Price sign Diamond Shamrock Case #: PZ2021-293 Initiated On: 8/25/2021 8:07:37PM Location: 4790 MAGNOLIA AVE, BEAUMONT, 77703 Individuals listed on the record: Applicant Mike Skinner 29218 E. IRVIN HUFFMAN, TX 77336 Agent Mike Skinner 29218 E. IRVIN HUFFMAN, TX 77336 Property Owner Naeem Akhtar 4790 Magnolia Beaumont, Tx 77703 Type of Variance: Legal Description That the granting of the variance will not be contrary to the public interest That literal enforcemenof the ordinance will result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Home Phone: 2813120783 Work Phone: Cell Phone: 8323732023 E-Mail: Icuprojects@outlook.com Home Phone: 2813120783 Work Phone: Cell Phone: 8323732023 E-Mail: Icuprojects@outlook.com Home Phone: Work Phone: Cell Phone: E-Mail: Variance Being Lot 5 and 6, Block 5, of the Country Club Terrace Addition The variance will not be contrary to the public interest That literal enforcemenof the ordinance will result in unnecessary hardship As the owner will lose business if there's no prices for the gas. We asked at the variance be granted Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2021-293 Printed On: 9/20/2021 From: Imaging Contractors of USA 29218 E. Irving Huffman Tx 77336 Phone: 713-391-7822 August 26, 2021 Community Development & Neighborhood Services Dear Zoning Members. VARINACE WRITTEN STATEMENT Imaging Contractors of USA is submitting this statement to request a variance to the signage code for the location 4790 MAGNOLIA AVE BEAUMONT TX to provide the Property Owner A gas price sign. To maintain Valero's Image to all the Customers in Beaumont TX a Quality branded image with a nice appearance so that the customers are insured that they are receiving Valero's quality branded fuel at the posted price. We hereby ask for this Variance granted for a sign to be installed 5ft property lines at the corner of Magnolia Ave & East Lucas Drive. We have looked at multiple locations within the property will not meet the standards other than where we are proposing today. The new sign will not overlay or extend past or near the property lines. At no point will the proposed placement break the plane of the property lines, nor will the sign impede with vehicles since there will also be a clearance of 8-1 Oft. Dimensions to the property line of 3 setbacks will be 5ft on each side. In closing of this statement, we would like to say thank you for time & allowing us to present this to the board. Sincerely, Imaging Contractors of USA Michael Skinner 713-391-7822 PREPARED EXCLUSIVELY FOR: Naeem A/shtar ' FROM ALL PROPERTY LINES IN THE THIS CORNER 5' FT SETBACKS FOR ALL 3 SETBACKS @ 5' East Lucas Drive Wing foundation 3.0' (60' R.O.W.) diameter Set Capped Rod Found ctric box Access pSurveyors r tl gd a —1/2" Rod N 86'5 N 87'07'55' 1"19.51' N 30'16'46' E 18.60' 19.4 9.9 Found N� Scribed X se back awning f ° s asphalt" - ei w 4 fuel pump parking . c°ncte proposed foundation' Somse Diamond Shomrock SEE DETAIL \ to " " Lots S & 6 Block S 1-story building a' (store) C \' -Fuel tank ?O l,ds AO *' , 0 oa , asphalt , z �\ �. •• :parking •• 6 (O •;\" . Lot 4 ' Found \ Capped Rod Foust' SCALE: 1 " = 30' Surveyor's Notes: Found 1/2' Rod Lot 7 Point for Comer 5.2 Proposed Sign Location Detail (1) This survey was completed without the benefit of a title commitment, and not \ all easements, setbacks or servitudes, whether of record or not, were researched at the time of this survey or shown hereon. (2) All bearings are grid, based on the Texas Coordinate System of 1983 (NAD83), South Central Zone. (3) Subject Property located in Flood Zone: X, Community Panel No. 4854570015 C FIRM Dated: August 6, 2002 1, Scott N. 8rackin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my knowledge and belief. Survey Dated: June 14, 2021. The subject tract being located at: 4790 Magnolia Avenue, Beaumont, Texas 77703 and being described as: Lots 5 do 6, Block 5 of Country Club Terrace recorded in Volume: 5 Page: 83 of the Map Records of Jefferson County, Texas �J O %STE, �9p — o Surveyors, LLC scoTr N BRACKIN Comnlercial - Irldzisrt"ial - Residential A 6650 < 11025 Old Voth Road - Beaumont, Texas 777IJ 9ti �FEssto? O� Telephone (409) 838-6322 Facsimile 838-6122 SUFN www.access-surveyors.com § rpls5163®aol.com Scott N. grackin Fro: 2021403 Firm No. 10136400 Technician: CR (5600 Reglstered Professional Land Surveyor No. 6650 PROP061t) PREPARED EXCLUSIVELY FOR: Naeem Akl7tar ORIt,% NM. existing foundation 3.0' diameter electric box Set Capped Rod Access Surveyors East Lucas Drive (60' R.O.W.) Found Found mood ed a —r112' Rod 112' Rod I N 86.57.11 " E 77.3 N 30'18'48' E 18.60' 9.4 Found 9.9 Scribed "X awning f o s mp asphalt. •• e. K w fuel Puparking . ncte •• G0 proposed foundation' ta�Be Diamond Shamrock gn SEES DETAIL \ ' ' LOtS S & 6 a, t''a, •, BZOck .5 1—story building ° • •. •• (store) :Fuel tank ? Ijds k0�' o ' a g oa . - o asjifiolt parking 6� f0 Lot 4 Found \ Copped Rod 'Foust' SCALE: 1 " = 30' Lot 7 Point for Comer 5.2 Proposed Sign Location Detail Surveyor's Notes: �� `propery rrne— right—of—way (1) This survey was completed without the benefit of a title commitment, and not all easements, setbacks or servitudes, whether of record or not, were researched at the time of this survey or shown hereon. (2) All bearings are grid, based on the Texas Coordinate System of 1983 (NAD83), South Central Zone. (3) Subject Property located in Flood Zone: X, Community Panel No. 4854570015 C FIRM Dated: August 6, 2002 1, Scott N. Brockin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my knowledge and belief. Survey Dated: June 14, 2021. The subject tract being located at: 4790 Magnolia Avenue, Beaumont, Texas 77703 and being described as. Lots 5 & 6, Block 5 of Country Club Terrace recorded in Volume: 5 Page: 83 of the Map Records of Jefferson County, Texas w N E r4 C OF — ta;•e• .�1y o ..N s Surveyors, LLC corn N sRncKI.. Commercial - Mdusf al - Residential a 6650 v7 <1 0..o SS10?P'-QI 11025 Old Voth Road — Beaumont, Texas 77713 O PC S% Telephone (409) 838-6322 Facsimile 838-6122 S7::� www.occess—surveyors.com § rp1s51630aol.com Scott N. rackin RIe: 2021403 Firm No. 10136400 Technician: CR (S-0 Registered Professional Land Surveyor No. 6650 E a I } ' E O i W a a s z E � oa ;r� O _j Q I w p I w� O - w� I.- _ g� a� 0. N N� S F = U a � 0. 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K m a. i5 .i ro m a m •., •n v �ri .d K ed °a ox File PZ2021-293: To consider a request for a Variance to the required setbacks fo an on -premises sign in a GC -MD (General Commercial —Multiple Family Dwelling District. Applicant: Mike Skinner 0 100 200 Location: 4790 Magnolia Street I I I I Feet a MIRPOIN-7egd' - 2021-293- - -- -- 11- PAS JRM H RM-H' cn -- --GC-MD— — I — -- �— GC.MD _ R-S R-S GC -MD? — -- -- — apt LUCYA5);; (G.C-,'MD R-Si GC -MD RIUERCREST` ' .. ARM-H ��- ,� f- , ` - - 1 R-S " RM-H