HomeMy WebLinkAboutNovember 2021 BOA Packet*AGENDA*
BOARD OF ADJUSTMENT
November 4, 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:
httys://www.youtube,com/channel[UCnY6nNk8zfXZulMglzbwEBg
*AGENDA*
ROLL CALL
APPROVAL OF MINUTES
Approval of the minutes of the meeting held October 7, 2021.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File PZ2021-352: To consider a request for a Variance to the required
minimum front yard setback to be reduced from 25' to 239" and to the
required minimum rear yard setback to be reduced from 25' to 10' for a main
structure in an RM-H (Residential Multiple Family -Highest Density) District.
Applicant: Lemoine Disaster Recovery
Location: 2720 Atlanta Avenue
2) File PZ2021-357: To consider a request for a Variance to the minimum side
yard setback from 5' to 4.2' in an RS (Residential — Single -Family Dwelling)
District.
Applicant: JBA Homes Construction
Location: 1715 E Blue Stem
OTHER BUSINESS
Spotlight on Lee Smith. In Loving Memory (1941 — 2021).
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
October 7, 2021
City Hall, 801 Main Street
A meeting of the Board of Adjustment was held on October 7, 2021 and called to order at 3:26 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Joey Hilliard
Board Member Tom Rowe
Board Members absent: Board Member Lee Smith
Alternate Board Member Christy Amuny
Also present: Adina Josey, Senior Planner
Catherine Allen, Recording Secretary
APPROVAL OF MINUTES
Board Member Hilliard moved to approve the minutes for August 5, 2021. Board Member Beaver
seconded the motion. The motion to approve the minutes carried 4:0.
All witnesses were sworn in at 3:28 p.m.
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
Ms. Josey presented the 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.
BOARD OF ADJUSTMENT
October 7, 2021
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.
Chairman Timaeus asked about the placement and location of the sign. Discussion followed about the
placement of the sign, in terms of the right-of-way, power lines, and potential traffic hazards. Further
discussion followed to clarify the sign dimensions.
The applicant was not present. Chairman Timaeus stated that the applicant has absented himself and if
there is anyone else who would represent the applicant that they are also not present. He added that in
advance of calling the meeting to order, on his own initiative and without convening the meeting, he
directed Ms. Allen to scour the hallways and outside in the parking lot to attempt to find the applicant.
He stated that he also asked Ms. Josey to do the same at about 20 to 25 minutes after the hour. He
stated that Ms. Allen also called all of the telephone numbers listed on the application in an attempt to
reach the applicant, Mike Skinner. Chairman Timaeus added that the telephone numbers were listed as
a cell phone and home phone and that the phone call attempts to locate the applicant were
unsuccessful. Finally, Chairman Timaeus stated that with no other evidence being presented, the
Board would discuss the request with the information that they had.
The Board deliberated on the request.
Chairman Timaeus moved to deny the request for a Variance to the required setbacks for an on -
premises sign in a GC -MD (General Commercial —Multiple Family Dwelling) District, as requested in
File PZ2021-293. Board Member Rowe seconded the motion. A roll call vote was taken. Chairman
Timaeus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye.
The motion to deny carried 4:0.
OTHER BUSINESS
2
BOARD OF ADJUSTMENT
October• 7, 2021
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:39 p.m.
DATE: November S, 2021
TO: Board of Adjustment
FROM: Demi Engman, Senior Planner
SUBJECT: To consider a request for a Variance to the required minimum front yard setback to be
reduced from 25' to 23'9" and to the required minimum rear yard setback to be reduced
from 25' to 10' for a main structure in an RM-H (Residential Multiple Family —Highest
Density) District.
FILE: PZ2021-352
STAFF REPORT
Lemoine Disaster Recovery is requesting a Variance for the property located at 2720 Atlanta Avenue.
The property is zoned Residential Multiple Family —Highest Density (RM-H) and therefore requires a
25' building setback from the front and rear property line for a main structure. The applicant is
requesting a Variance to the front yard setback to be reduced from 25' to 23.9'. Additionally, they are
requesting a Variance to the rear yard setback to be reduced from 25' to 10'. Please see the site plan
located in your packets for a visual reference of the aforementioned.
Lemoine Disaster Recovery is a Louisiana -based company. They have participated in the General Land
Office (GLO) Disaster Recovery Program to facilitate building structurally sound homes and mitigate
fiiture flooding hazards for citizens' homes that have been affected by natural disasters.
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 26 .
Responses in Favor . Responses in Opposition
i IWKI 0 G-Wit) .]I CII91
Being the southern half of Lot 1 and southeastern 25X70 portion of Lot 2, Block 4, out of the Prairie
Addition, Beaumont, Jefferson County, Texas, containing 0.121 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Lemoine Disaster Recovery
PROPERTY OWNER: Devan Lee
LOCATION: 2720 Atlanta Avenue
EXISTING ZONING: RM-H (Residential Multiple Family —Highest Density)
PROPERTY SIZE: —0.121 acres more or less
EXISTING LAND USES: Residential
FLOOD HAZARD ZONE: X — Area determined to be outside the 500
SURROUNDING LAND USES:
NORTH: Residential
EAST: Residential
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
year flood plain
SURROUNDING ZONING:
RM-H (Residential Multiple Family —Highest Density)
1.7, 15e:i
I III Or8:I
RM-H
Conservation and Revitalization
Atlanta Avenue - Local street with a 50' right-of-way and 17'
pavement width
Open ditch
2" water line
6" sanitary sewer line
PROPERTY OWNER NOTICES SENT WITHIN 200'
KRATZER LATRICE
JAIMES SOFRONIO ET UX
BEVERLY ROSALYN
CHAPA LORENZO ANTONIO
PATILLO ROBERT L
PATILLO ROBERT L
PATILLO ROBERT L
MARTINEZ HECTOR & JEAN
LEDUC PARTNERSHIP LTD
READO WELDON D & CHERI
JACKSON ANITTA
RODRIQUEZ JOSE L
KRATZER LATRICE
BETANCOURT ANTONIO VELAZQUEZ
ROY-LEE DEVAN & NECHELE
ROJAS MIGUEL ANGEL & BEATRIZ
ROY ANNIE & KARL
RODRIQUEZJOSE L
BOATNER HOLDINGS LLC SERIES 9
JOHNSON BRENDA FAYE
ROBERTS JULIA ALENE ESTATE
JONES ROBERT C & KALA C
CRABBE J COLIN & CHARLES B
ROY KARL
LEE EVERLINA
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning Case Status: PAY FEES
Case Sub Type: Variance Tag Name: Variance for New Texas GLO home
Case #: PZ2021-352 Initiated On: 10/5/2021 3:06:39PM
Location: 2720 ATLANTA AVE, BEAUMONT, 77701
Individuals listed on the record:
Applicant
Lemoine Disaster Recovery
Home Phone:
12563 Gulf Freeway
Work Phone:
Houston, TX 77034
Cell Phone: 832-794-8966
E-Mail: alexandra.pallis@lemoinedr.com
Agent
Lemoine Disaster Recovery
Home Phone:
12563 Gulf Freeway
Work Phone:
Houston, TX 77034
Cell Phone: 832-794-8966
E-Mail: alexandra.pallis@lemoinedr.com
Property Owner
Devan Lee
Home Phone: (409) 749-7256
2720 Atlanta Avenue
Work Phone:
Beaumont, TX 77701
Cell Phone:
E-Mail:
Type of Variance:
Variance
Legal Description
PRAIRIE S1/2 L1 SE25X70FT L 2 B 4
That the granting of the variance will
The granting of this variance will not be contrary to the public interest.
not be contrary to the public interest
That literal enforcemenof the
Due to this lots narrowness and shallowness, enforcement of the
ordinance will result in unnecessary
ordinance will result in unnecessary hardship, and the GLO will not
hardship
be able to provide a new home.
That by granting the variance, the
By granting this variance, the spirit of the ordinance will be observed
spirit of the ordinance will be observed
and justice will be done.
and substantial justice will be done
Notes:
Case Type: Planning and Zoning Page 1 of 1
Case #: PZ2021-352 Printed On: 10/26/2021
LEMOINE DISASTER RECOVERY, LLC
1906 Eraste Landry Road, Suite 200 1 Lafayette, LA 70506
LEMOINE DISASTER RECOVERY
TO: City of Beaumont
FROM: Alexandra Pallis
RE: Variance Request for 2720 Atlanta Avenue, Beaumont TX 77701
DATE:10/05/2021
n.
DISASTER RECOYERY
We would like to request a variance forthe property located at 2720 Atlanta Avenue in Beaumont,
Texas. We will be removing the existing home and building a new home on behalf of the Texas
GLO. The existing home is not in accordance with the existing setbacks. The applicant has chosen
our Willow floorplan and we would like to request to keep the same setbacks as the original
home.
Willow Plan -2 Bedroom/2 Bathroom,1320 sf., 41'-3" x 32'
We will also be adding the following:
1. New ADA Parking Pad (14 x 20)
2. ADA accessible ramp
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File PZ2021-352: To consider a request for a Variance to the required minimum N
front yard setback to be reduced from 25' to 239" and to the required minimum rear
and setback to be reduced from 25' to 10' for a main structure in an RM-H
(Residential Multiple Family -Highest Density) District.
pplicant: Lemoine Disaster Recovery o 100 200
ocation: 2720 Atlanta Avenue I I I I Feet
,
RM-,.
PZ2021-352
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DATE: November 4, 2021
TO: Board of Adjustment
FROM: Demi Engman, Senior Planner
SUBJECT: To consider a request for a Variance to the minimum side yard setback from 5' to 4.2' in
an RS (Residential — Single -Family Dwelling) District
FILE: PZ2021-357
STAFF REPORT
JBA Homes Construction is requesting a Variance for the property located at 1715 E Blue Stem. The
property is zoned Residential Single -Family (R-S) and therefore requires a 5' building setback from the
side property line for a main structure. The applicant is requesting a Variance to the side yard setback to
be reduced from 5' to 4.2'. Please see the survey located in your packets for a visual reference of the
aforementioned.
The original submitted site plan was approved for the main structure to be located 5' away from the side
property line. The foundation inspection for the main structure was approved June 17, 2021. Our
building inspector made an inspection on October 22, 2021 for an adjacent property and noticed the red
survey pins on the south side of 1715 E Blue Stem were erected from the ground and leaning against the
rear fence. Through further investigation the pins were moved at some point, and it remains unknown
who moved them, post foundation inspection. The contractor brought staff a copy of the as built survey
and it revealed that the contractor did not build the house to the specifications of the original submitted
site plan.
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 28 .
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being Lot 11, Block 23, The Meadows, Phase 3 West, Beaumont, Jefferson County, Texas, containing
0.202 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: JBA Homes Construction LLC
PROPERTY OWNER: JBA Homes Construction LLC for Javier Barajas
LOCATION: 1715 E Blue Stem
EXISTING ZONING: R-S (Residential -Single Family Dwelling)
PROPERTY SIZE: —0.202 acres more or less
EXISTING LAND USES: Residential
FLOOD HAZARD ZONE: X — Area determined to be outside the 500
year flood plain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential R-S (Residential -Single Family Dwelling)
EAST:
Residential
R-S
SOUTH:
Residential
R S
WEST:
Residential
R-S
COMPREHENSIVE PLAN: Neighborhood Growth Unit
STREETS: E Blue Stem - Local street with a 50' right-of-way and 26'
pavement width.
DRAINAGE: Curb and Gutter
WATER: 6" water line
SANITARY SEWER SERVICE: 12" sanitary sewer line
PROI'ERTY OWNER NOTICES SENT WITHIN 200'
WEBB JOEL PAUL (TD)
THOMPSON JANICE MARIE
OMARI IVAN
DUNIVANT DAVID & PAM
STEINBERG STEVEN M & SARAH E
MEIER JENNIFER ANN
RIVERO IVAN &
MEJIA CAMILO HERNANDO GUTIERREZ
KELLER ELLIOTT
LOPEZ FRAMING INC
LOPEZ FRAMING INC
STEINBERG DOUGLAS F & EILEEN
JBA HOME CONSTRUCTION LLC
BUSHNELL FRANCES A
WESTON LAWRENCE LEE & SABRINA CONSUELO
WINFREY DOUGLAS HOWARD
EXALTING THE SAVIOR MINISTRIES LLC
BALLARD JOHN R & SHERRY S
EXALTING THE SAVIOR MINISTRIES LLC
JUST INVESTMENTS LLC
WINFREY DOUGLAS HOWARD
JBA HOME CONSTRUCTION LLC
BAKER ALYSSA ANN
EXALTING THE SAVIOR MINISTRIES LLC
SLIGER JAMES M & KAYLEE RENEE
RIDGEWOOD CHURCH OF CHRIST
EXALTING THE SAVIOR MINISTRIES LLC
RIDGEWOOD CHURCH OF CHRIST
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning Case Status: PAY FEES
Case Sub Type: Variance Tag Name: Variance to side setback from 5' to 4.26'
Case #: PZ2021-357 Initiated On: 10/12/2021 12:54:21PM
Location: 1715 E BLUE STEM, BEAUMONT, TX
Individuals listed on the record:
Applicant
Jba Homes Construction
3149 gulfway Dr
port arthur, TX 77642
Property Owner
Javier Barajas
3149 gulfway Dr
port arthur, TX 77642
Tenant
Katy Terrell
Tenant
Chris Arnaud
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:
Work Phone:
Cell Phone: 4095400121
E-Mail: jbahomesconstruction@yahoo.com
Home Phone:
Work Phone:
Cell Phone: 4095400121
E-Mail: jbahomesconstruction@yahoo.com
Home Phone:
Work Phone:
Cell Phone: 409-720-9880
E-Mail:
Home Phone:
Work Phone:
Cell Phone: 409-273-1445
E-Mail:
Variance
Lot 11, Block 23, The Meadows, Phase Three west
No because the public won't be affected in any way since the issue
is on the side of the house. The difference between the
measurements are 2 inches and 7 inches.
Yes because most likely we will have to get inspectors over to the
property and have all of them sign a form. Also, a concreter will have
probably have to go fix the issue in order to make the ground meet
measurement requirements, all in all it's a minor issue.
Yes justice will have to be done since we cannot continue
construction until inspectors accept this variance. I would appreciate
it if this justice can be done asap
Case Type: Planning and Zoning Page 1 of 1
Case #: PZ2021-357 Printed On: 10/26/2021
JBA Homes Construction
10/12/21
Variance/special exception application
Hello, we would greatly appreciate a special exception for some measurements on this property.
We need an exception from the city in order to continue the building process of the house. The
front part of the house on the left side is measured at 7 inches from the line. The back part of the
house on the left side is measured at 2 inches from the line, causing that whole side of the house
to be unequal. The property's address is 1715 East Blue Stem Beaumont, Texas 77713. Our
office email can be contacted at JBAHOMESCONSTRUCTION@yahoo.com and the builder's
number can be reached at (409)540-0121. Down below is an image of the required signature
sheet:
Signature Sbeet
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BEAULIONT, TEXAS 77713
THE UNDERSIGNED DOES HEREBY CERTIFY DINT THIS SURVEY WAS THIS DAY Lot Number Eleven (11) in Block Numbei
MADE 014 THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS Twenty-three (23) of 'HIE MEADOWS'
CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN SUBD,VISION, PHASE THREE -HEST, on Addition tc
ARE& BOUNDARY UNE CWNFUCTS, ENCROACHMENTS, OVER-IAPPING OF the City of Beaumont, Jefferson County, Toros
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ALL EASEMENTS S14OW74 AND NOTED PER ALL AdERICAN TITLE Clerk's His No. 2018044026, Off'it;ol Pubril
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File PZ2021-357: To consider a request for a Variance to the minimum side
setback from 5' to 4.2' in an RS (Residential — Single -Family Dwelling) District.
Lpplicant: JBA Homes Construction
ocation: 1715 E Blue Stem
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