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Home My WebLink AboutJuly 2022 BOA Packet*AGENDA* BOARD OF ADJUSTMENT July 7, 2022 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/UCnY6nNk8zfXZulMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the meeting held April 7, 2021. PUBLIC HEARING 1) File PZ2022-196: To consider a request for a Variance to the required side yard setback to be reduced from 5' to 2'. Applicant: Lemoine Disaster Recovery for LeAnna Taylor Location: 3370 Edmonds Avenue 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 April 7, 2022 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on April 7, 2022 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 Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Alternate Board Member Christy Amuny Alternate Board Member Christopher Jones Also present: Demi Engman, Senior Planner Tom Duesler, Senior Assistant City Attorney Miles Haynes, Management Assistant Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for March 3, 2022. Board Member Rowe seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:02 p.m. PUBLIC HEARING 1) Nile PZ2022-73: To consider a request for a Variance to the required side yard setback to be reduced from 5' to 3'6", the rear yard setback to be reduced from 25' to 16' and the front yard setback to be reduced from 25' to 21'6". Applicant: Jennifer Smith with Tegrity Homes for Josephine Joyce Benoit Location: 2740 Sarah Street Mrs. Engman presented the staff report. Jennifer Smith with Tegrity Homes, on behalf of Josephine Joyce Benoit, is requesting a Variance for the property located at 2740 Sarah Street. The property is zoned Residential Multiple -Family —Highest Density (RM-H) and therefore requires a front and rear building setback of 25' and an interior side yard setback of 5' for a main structure. The applicant is BOARD OF ADJUSTMENT April 7, 2022 requesting the front yard setback to be reduced from 25' to 21'6", the rear yard setback to be reduced from 25' to 16' and the interior side yard setback to be reduced from 5' to 3'6". Our minimum lot requirements for a property located in the RM-H zoning district are 50' in width and 100' in depth. 2740 Sarah Street has a lot depth of 75' and lot width of approximately 36'. Therefore, this lot contains less than the required minimums per our City ordinances Sec. 28.03.024 District Area and Height Regulations. Tegrity Homes is a Houston 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 fiom 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 and site plan were shown. Twenty-six (26) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Brief discussion followed concerning the specifics of the site plan. A representative for the applicant was present. Melinda Thibodeaux, 2660 Lela Street, addressed the Board. She stated that she is the sister of Josephine Benoit, who was unable to attend due to work obligations in the healthcare field. Ms. Thibedeaux stated that the home is over one hundred (100) years old and has suffered damage from many storms. In response to questions from the Board, she stated that the home has been approved by the Texas GLO program for demolition and rebuilding and that the lot is narrow and therefore requires a variance to meet the requirements of the program. Board Member Hilliard moved to approve the request for a variance to the required side yard setback to be reduced from 5' to 3'6", the rear yard setback to be reduced from 25' to 16' and the front yard setback to be reduced from 25' to 21'6", as requested in File PZ2022-73. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver- 2 BOARD OF ADJUSTMENT April 7, 2022 Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board Member Sorrell -Aye. The motion to approve passed 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:09 p.m. DATE: July 7, 2022 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: To consider a request for a Variance to the required side yard setback to be reduced from 5' to 2'. FILE: PZ2022-196 STAFF REPORT Lemoine Disaster Recovery, on behalf of LeAnna Taylor, homeowner, is requesting a Variance to the property located at 3370 Edmonds Avenue. The property is zoned RM-H (Residential Multiple Family - Highest Density) district and therefore requires a 5' building setback from the side property line. The Variance will accommodate the sidewalk to be flush to the required ADA ramp. The applicant could not apply for a reasonable accommodation as the property owner is not disabled nor resides with disabled person(s). Lemoine Disaster Recovery is a company which has 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. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 13, Block 19 of the West Oakland Addition, Beaumont, Jefferson County, Texas, containing 0.1607 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Lemoine Disaster Recovery PROPERTY OWNER: LeAnna Taylor LOCATION: 3370 Edmonds Avenue EXISTING ZONING: RM-H (Residential Multiple Family - Highest Density) PROPERTY SIZE: 0.1607 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: Commercial RM-H (Residential Multiple Family - Highest Density) EAST: Residential RM-H SOUTH: Residential RM-H WEST: Commercial RM-H COMPREHENSIVE PLAN: Conservation & Revitalization Area STREETS: Edmonds Avenue — Local Street with a 60' right-of-way and 20' pavement width DRAINAGE: Open ditch WATER: 6 " water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' OLIVER LAWRENCE JR & BRENDA WHITE ACY ET AL ALFRED-HILL ALBERTA MAYHALL-ANDREWS FLORENCE A HEBERT ARTHUR JR RENFRO ROSE ARVIE TONI YVETTE ARVIE KIT -FIE A CHAMBERS INVESTMENTS R E LLC WHITE STEPHANIE A TAYLOR LEANNA SCOTT SYLVESTER CATHEDRAL OF FAITH RACE EVA M RICE EVA M MOUTON M WHITE FREDDIE L JACKSON BETTY JO FRANKLIN ETAL OLIVER LAWRENCE JR STEVENS HAZEL BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2022-196 Location: 3370 EDMONDS AVE, BEAUMONT, 77705 Case Status: REVIEW Tag Name: Variance on ramp for TX GLO Home Initiated On: 5/17/2022 12:29:26PM 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 LeAnna Taylor Home Phone: 409-466-6923 3370 Edmonds Avenue Work Phone: Beaumont, TX 77705 Cell Phone: E-Mail: Leanna1984@yahoo.com Type of Variance: Variance Legal Description WEST OAKLAND L13 B19 That the granting of the variance will The granting of the variance will not be contrary to the public interest not be contrary to the public interest because it will not have a negative effect on the public. That literal enforcement of the Literal enforcement of the ordinance will result in unnecessary ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape hardship topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property. That by granting the variance, the By granting the variance, the spirit of the the ordinance will be spirit of the ordinance will be observed observed and substantial justice will be done, by replacing the and substantial justice will be done damaged home with a new home. Notes: Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2022-196 Printed On: 611512022 LEMOINE DISASTER RECOVERY, LLC 1906 Eraste Landry Road, Suite 200 1 Lafayette, LA 70506 DISASTER RECOVERY LEMOINE DISASTER RECOVERY TO: City of Beaumont FROM: Aiexandra Pallis RE: Variance Request for 3370 Edmonds Avenue, Beaumont TX 77705 DATE: 05/17/2022 We would like to request a variance for the property located at 3370 Edmonds Avenue In Beaumont, Texas. We will be removing the existing home and building a new home on behalf of the Texas GLO. While the existing home Is In accordance with the existing setbacks, the ramp is encroaching on the 5' build line (left side while facing the home). The applicant has chosen our Sunflower floorplan. An ADA accessible ramp is required by the Texas GLO on all elevated homes, in which this particular home will be elevated 3' above grade. Sunflower -3 Bedroom/2 Bathroom,1401 sf., 44'-9" x 36'-10" We will also be adding the following: 1. New ADA Parking Pad (14 x 20) 2. ADA accessible ramp r 0 N 013•ovt- M.s€.st.£0 N W r r ,00061-3.6€,9t.£oS D44DDD `aaaaaa 4 hCl) 4r 2Z'r �rrrrrr y QO4b4O " y�, a aaaaaa F):y� h�M�Mh �t2l 4444�4 5aaaaaa O by t �'i't�C44 r t a3r ti� ti �wp4O �f o f tti z Nc h a �• •_: ; ;tea}S O Q�rj�Z M Z tiyyq � r0 `iNti C0 M3 r l0 SOUTHEAST TEXAS ENGINEERING AND INSPECTIONS, LLC (OFFICE) 409-741-8741 (WES) 409-795-14 15 (TIM) 409-795-118 J 8017HARBORSIDEDRIVE GALVESTON TX775M SOUTHEASTTEXASENGINEERING,COM It File PZ2022-196: To consider a request for a Variance to the required side yard setback to be reduced from Y to 2'. Applicant: Lemoine Disaster Recovery for LeAnna Taylor Location: 3370 Edmonds Avenue 0 100 200 1 1 1 I Feet RMiNLegend , RM-H i w �A • GLENIN.00DJ _ sr_ GC -MD RM-H _ RM-Hr'- EDMONDS _ WIF .:G -- � ��. 7_ -- -/Jj -- — ! 11 • \, �' /� G'C-'MD r/ RM-H '' i 'Rlfll-i 1 �Q X it GC -MD