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HomeMy WebLinkAbout11-4-21 BA Minutes * M I N U T E S * 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 Tom 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 PZ2021-357: 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 Chairman Timaeus stated that this item has been postponed until a future 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. 4