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HomeMy WebLinkAbout8-5-21 BA Minutes * M I N U T E S * 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 Amuny-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