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Home My WebLink AboutNovember 22 2021 BOA Packet*AGENDA* SPECIAL MEETING BOARD OF ADJUSTMENT November 22, 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/UCnY6nNk8zfXZulMplzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the meeting held November 4, 2021. SWEARING IN OF WITNESSES PUBLIC HEARING 1) 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 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 November 4, 2021 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on November 4, 2021 and called to order at 3:16 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Board Member Torn Rowe Board Members absent: Alternate Board Member Christy Amuny Also present: Demi Engman, Senior Planner Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Beaver moved to approve the minutes for October 7, 2021. Board Member Hilliard 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 3:17 p.m. 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 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. Applicant: Lemoine Disaster Recovery Location: 2720 Atlanta Avenue Mrs. Engman presented the 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 BOARD OF ADJUSTMENT November 4, 2021 from 25' to 23'9". Additionally, they are requesting a Variance to the rear yard setback to be reduced from 25' to 10' . 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 future 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. Slides of the subject property, survey 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. Brief discussion followed about the current property layout and proposed changes. The applicant was present. Alexandra Pallis, representing Lemoine Disaster Recovery, 12563 Gulf Freeway, Houston, TX, addressed the Board. She stated that of the floor plans that they offer, the one selected is the only one that would work for this property because the others are larger and would require even further setbacks. She added that the current house will be demolished and a new home built through the General Land Office (GLO) Disaster Recovery Program. Mrs. Engman pointed out that the lot depth is seventy-five (75) feet, rather than the usually required one hundred (100) feet. Board Member Rowe agreed that this was a nonconforming lot, but it is typical to the neighborhood. Board Member Beaver asked if the alley behind the home was the City's right-of-way and Mrs. Engman confirmed this to be the case. Board Member Hilliard moved to approve the 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 2 BOARD OF ADJUSTMENT November 4, 2021 Density) District, as requested in File PZ2021-352. 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 approve carried 4:0. 2) File PZ2021-352: 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 Chairman Timaeus stated that this item has been postponed until a fiiture meeting. OTHER BUSINESS Spotlight on Lee Smith. In Loving Memory (1941— 2021). Ms. Allen presented the following tribute: Lee Smith was appointed as a Board Member on the City of Beaumont Board of Adjustment on January 12, 2006 and served on the board until his death on October 12, 2021. Mr. Smith was a very active member of the board. He researched each case, including driving by the properties before the board meetings. He always had a genuine smile and friendly word and treated his fellow board members, city staff and the case applicants with respect. In addition to the Board of Adjustment, Mr. Smith also served the City of Beaumont on the Keep Beaumont Beautiful Commission from 2005-2007, the Martin Luther King Jr. Parkway Commission from 2007-2008 and the Community Development Advisory Committee from 2007-2021. Mr. Smith also served the community as Port of Beaumont Commissioner for 18 years. He was the first African American to serve as President of the Port Commission. The long list of organizations in which Mr. Smith held leadership positions include: Beaumont Metropolitan YMCA Board of Directors, North End Neighborhood Association, American Legion, NAACP, Beaumont Main Street, Fellowship Missionary Baptist Church, and the Charlton -Pollard Alumni Association. Mr. Smith was a veteran who served his country in the United States Army. He retired from the Ameripol Synpol Corporation after 33 years with the company and was the first African American to work in the company's office. He is survived by his wife, LaRue, daughter, and son-in-law, Lesia and Stephen Linton, and three grandchildren, Taylor, Ryan, and Lauryn. The City of Beaumont and the Board of Adjustment were truly blessed by the contributions of such a hardworking and selfless Board Member. We take this time to honor his legacy and strive to remember his example in our future endeavors in serving the City of Beaumont. 3 BOARD OF ADJUSTMENT November 4, 2021 Board Members offered words of tribute to Mr. Smith. Chairman Timaeus praised the high skill and wise decision making of Mr. Smith and added that he was a true asset to any organization in which he participated. Board Member Rowe added that the Board would miss his smile. Board Member Beaver agreed that Mr. Smith will be missed and added that the Board would support recognition for Mr. Smith from the City Council. Chairman Timaeus moved to commend the words of the Board of Adjustment tribute to the City Council to include in any resolution they may pass to honor Mr. Smith. Board Member Hilliard seconded the motion. The motion to approve carried 4:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:28 p.m. n DATE: November 22, 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 This agenda item was tabled due to a lack of quorum for the November 4, 2021 meeting. 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 where he 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. Although, the foundation inspection measured at 5' and was passed by our building inspector on April 8, 2021, 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 NOTIFICATIO 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 PROPERTY 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 Constriction 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@a,yahoo.com and the builder's number can be reached at (409)540-0121. Down below is an image of the required signature sheet: slgrelure sbPet Humber PZ- APPRa . %fit �S nNS �eTio.� CCC. CURMthoQMYiM1Kr- dgo MOA C_S \_O�V i• I��V..�� sr,en ev Current ProPeMovmu- Current Flopcfty0r- Agent- 41-1 1. NOTIOW IN THIS SURVEY IS INTENDED 10 EXPRESS AN OPINION RECARIXNO OWNERSHP DR TTTLE. 2. THE WORD CERTIFY IS ►RNDERSTOOD TO BE AN EXPRESSNDN Of PROFESS&M JUDGMENT BY Ill SURVEYOR. WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BEN. FORMED IN THE COURSESCALE 1"-20' OF FITS PERFORMING TIE SURVEY IN COUPLLANCE WITH THE STANDARDS OF PRACTXCE REOURE0 PROMULGATED BY THE TEXAS BOARD OF PROF)SS10NAL LAND SURVEYORS AND TTE TE)(AS SOCIETY OF SV. 0`�j`l` L OR SURVEIUPLIYORS. AS SUCH. R CONSTITUTES NEITHER A GUMAHEEE NOR A WARRANTY EXPRESSED �pL�J15 J, PROPERTY �ICAL SUMCT SERVICE TOOEACH RESIDENCE PER Cf NO. 21ND �O 4026.NO EASEMENT TO INSTALL AND wuNTAx M PpOC)tle ,AO-,32 W/GIP STAWPI pn �08 'Ly b' SIDE SETBACK' q Si F Cf NO.I20000M263 I d CF0owCF. HONo 2200127 OPRx Its S x2 UTILITY EMENT PLAT FND 1/2' L R00 W/CM STAIfPED FND 1 2 W/GP SF 'SIFT' fN0 S03'0O'35'E 80.13' (GALL SO756'12-E 80.00') 1P 6G Npjj`pkJG �o� 0 LEGEND `Dt 5 -- v WOOD FENCE FWD 1 2 1. ROD F (GIN NOr58'12iY b0.00' W/CAp STAMPED 5' I j NPI• LOT 11 BLOCK 23 21.9' !� /e to MORI 11.2 y, ri BRICK & FRAME RESIDENCE 0 FTl I�i30.Fi u � i - 25 PER,�Eit1ACx 1 FK1.11 ' ri. 1. (CALLED F-01.11LEW PER PLAT) THE 1FTRST AMERICAN TITLE INSURANCE COMPANY.1 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS 1 MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES AREA. BOUNDARY LINE CONFLICTS, ENCROACHMENTS, OVER -LAPPING IMPROVEMENTS, EASEMENTS OR RIGHTS -OF -WAY EXCEPT AS SHOWN HERE AND THAT SAID PROPERTY ILLS ACCESS TO AND FROM A DEDICATED ROADWAY. ALL EASEMENTS SHOWN AND NOTED PER ALL AMERICAN TITLE G.F. No. BMT21- 17 TD DATE SURVEYED: M 202 �\� D rHoMns S. RowE 572 THOMAS S. ROWE - REGISTERED PROFESSI FR No. 57: �I MWA El EASEMENT PER PLAT 2 ITROE STAMPED BEAUMONT. TEXAS 77713 Lot Number Eleven I1 in Block Number Twenlyy-three (23) of 'TINE MEADOWS' SUBOMSION, PHASE THREE -WEST, on Addition to the City of Beaumont, Jefferson County, Texas, as the some oppeors upon the mop or plot thereof, on file and of record under County Clark's File No. 2018044026, Official Public Records of Jefferson County, Texas. dory Mop, Deportment of Urban Development. This property ties in Zone 'X' (white . Location on mop determined by stole on map. Actual field elevation not determined. Mork Whiteley & Associates does not warrant nor subscribe to the accuracy or Scale of said maps. Zone 'X' (white) are areas determined to be CIVIL ENOINEERINGI LAND 1uuS SURVEYING nRM NO, 1010e )2sa EAS1ex rwv, x09-e92.0121 N. 2 221 21-1591 21-1591.DW0 E A r ofrt M p pi i Wdddl 'ile PZ2021-357: To consider a request for a Variance to the minimum side Aback from 5' to 4.2' in an RS (Residential — Single -Family Dwelling) District. pplicant: JBA Homes Construction ocation: 1715 E Blue Stem 0 100 200 1 1 1 Feet