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HomeMy WebLinkAbout11-22-21 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT November 22, 2021 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on November 22, 2021 and called to order at 3:01 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Alternate Board Member Christy Amuny Board Members absent: Board Member Tom Rowe Board Member Rogers Sorrell Jr. Also present: Demi Engman, Senior Planner Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Beaver moved to approve the minutes for November 4, 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 3:03 p.m. 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 Mrs. Engman presented the 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’. BOARD OF ADJUSTMENT November 22, 2021 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. Slides of the subject property, as built survey and pictures of the pins were shown. Twenty-eight (28) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in favor and two (2) were received in opposition. Chairman Timaeus asked about the placement of the property line and setback and Mrs. Engman indicated the location on the slides. The applicant was present. Javier Barajas, representing JBA Homes Construction, 3149 Gulfway Drive, Port Arthur, TX, addressed the Board. He stated that he is the homebuilder and current owner of the property. He stated that he did not know who moved the survey pins. He added that the difference being discussed is only six (6) inches. Mr. Barajas stated that he understood the need for the variance, but that the slight discrepancy would not negatively impact the property or the neighbor’s property. He stated that things like this happen in construction and that it was out of his control, but that he does take responsibility. Finally, he stated that the property did pass the City’s foundation inspection and that the home is already built and has no other issues. Chairman Timaeus pointed out that the difference is actually more than six (6) inches. He also asked if the inspection was done before the slab was poured. Mr. Barajas stated that the inspection was done before the slab was poured. 2 BOARD OF ADJUSTMENT November 22, 2021 Jeanette Winfrey, 1720 E Blue Stem, addressed the Board. She stated that she lives across the street from the subject property and is the secretary of the homeowners’ association. She added that her husband is a homebuilder and she understands that things like this can happen in construction. Ms. Winfrey added that the future homeowners have been on hold waiting to live in their home because of this issue. She stated that she has heard of no opposition to the variance request and does not think it will negatively affect the neighbors. Finally, she added that there are thirty-four (34) more lots to sell in the subdivision and does not want anything to impede further development of the subdivision. Board Member Beaver asked about the letters in opposition. Mrs. Engman stated that one of them simply circled “no” on the form and the other one had a comment just stating “do not grant the variance.” Brief discussion followed concerning the inspection process and how the movement of survey pins was discovered. Alternate Board Member Amuny moved to approve the request for a Variance to the minimum side yard setback from 5’ to 4.2’ in an RS (Residential – Single-Family Dwelling) District, as requested in File PZ2021-357. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-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 3:17 p.m. 3