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HomeMy WebLinkAboutFeb 2023 BOA Packet*A GEN C A* BOARD OF ADJUSTMENT City Council Chambers, City Hall OO1Main Street, Beaumont, Texas Public Hearing The meeting will also be broadcasted on the City"s YouTube channel: *A G EPwDA * APPROVAL OF MINUTES Approval of the minutes of the meeting held January 5, 2023. SWEARING IN OF WITNESSES PUBLIC HEARING l) To consider request for a Variance to the required front yard setback to be reduced from 25' to 3-' and the required side yard setback to be reduced from 5" to 2.5' for carport. Applicant: Marc LaRoussefor Eric LaRousse Location: l44OMimosa Lane OTHER BUSINESS A...I`m.v Persons with disabilities who plan to join this meeting and who may need auxiliary aids or M I N U T E S BOARD OF ADJUSTMENT January 5, 2023 City Hall, 801 Main Street A meeting of the Board of Adjustment was held oj) January 5, 2023 arid called to order at 3:02 p.m. with the following members present: Chairman Dana 'Timacus Board Member Jeff Beaver *arrived at 3:03 Board Mcnaber Joey Hilliard Board Member Tom Rowe Board Member Igcrs Sorrell Jr. Board Members absent: Alternate Board Member Christy Amuny Alternate Board Member Chris Jones Also present: Demi Engnian, Senior Planner Sharae Reed, City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for November 3, 2022. Board Member Rowe seconded the motion. The motion to approve the minutes carried 4:0. Commissioner Beaver not yet prescrit. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:04 p.m. PUBLIC HEARING 1) File PZ2022-462-. To consider a rcquest for a Variance to the required rear yard setback to be reduced from 25' to 5'6" and the required pavement setback to be reduced from 2' to 0'. Applicant: Jennifer Smith for Brandie White Location: 3410 Duke Street Mrs. Engman presented the staff report. Jemilfcr Smith with Tegrity Homes, on behalf of Brandie White, is requesting a Variance for the property located at 3410 Duke Street. The property is zoned Residential Single Family (IDS) and therefore requires a rear building setback of 25' and a pavement setback of 2'. The applicant is requesting the rear yard setback to be reduced from 25' to 5'6" and the pavement setback to be reduced from 2' to 0'. Please see the site plan located in your packets for a visual reference of the aforementioned. BOARD OF ADJUSTMENT Jantiary 5.,2023 3 410 Duke Street has a measurement of 73 " at its maximum depth, and a measurement of approximately 197' at its maximum width. Due to the shape of the lot, it is limited in buildable space with strict adherence to the required setbacks. The existing home is situated over the property line. If the Variance is granted, the proposed home will be built within the boundary lines of the property. 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 uiiique 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 niust not result from the applicant or owner's actions; and Q 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. Thirty-six (36) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and one (1) was received in opposition. There were no notes to the opposition for the owncr of a neighboring property. Brief discussion followed concerning placement of the ramp and the Bonne' s designation as a Texas General Land Office (GLO) home. The public hearing was opened on this item. A representative of the applicant was present. 'fodd DeWalt with Tegrity Homes, on behalf of property owner Brandle White, 19422 Morris Avenue Suite B, Manvel, Texas, addressed the Board. Ile stated that the current home located on the property is dilapidated and was constructed over the property line. The home will be moved to the left of the lot in order that the GLO home can be built.. This will enable both homes to be located within the boundary lines of the property. The public hearing was closed on this item. Board Member Hilliard moved to approve the request for a Variance to the required rear yard setback to be reduced from 25' to 5'6" and the required pavement setback to be reduced from 2' to 0', as rcquested in File PZ2022-462. Board Member Rowe seconded the motion. A roll call vote was taken. Chairman Timacus-Aye, Board Member Beaver- eye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board Member Sorrell -Aye. The motion to approve passed 5:0. 2 BOARD OF ADJUSTMENT January 5,2023 2) F ile PZ2022-495: To consider a request for a Variance to the required building setback wTen abutting a street right-of-way to be reduced from 25' to 0". Applicant: Sergio Luis Del Ma Robles Location: 220 Avenue A Mrs. Engnian presented the staff report. 'Sergio Luis Del Mato Robles, on behalf of Rafael Barrenechea, property owner, requests a Variance to the property located at 220 Avenue A. The property is zoned H1, (Heavy Industrial) and therefore requires a 25' building setback from the C,tbutting a street right-of-way. The applicant requests the required setback to be reduced from 25' to 0, to accommodate an open air roof addition. The addition will extend to the existing fence line with all structural supports being within the property. If grantcd, this will allow his employees to conduct work tinder a roof to be protected from elements of weather. 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 utmecessary 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. "Umiecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial consider-ations or caprice, and the hardship must not result from the applicant or owner's actions; and Q 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-eight (28) notices were nailed to property owners within two hundred (200) feet of the subject property. One (1) response was received in favor and zero (0) were received in opposition. There were no notes to the approval from the owner of the neighboring property, Brief discussion followed concerning the existing encroacht-neat into the 25' setback and identification of the building (Enter Substation) located across the street on Avenue C. The public hearing was opened on this item. Sergio Luis Del Mato Robles with Wire Mesh Corporation (WM , on behalf of property owner Rafael Barrenechea, 25219 Kuykendahl Road, Suite 290, The Woodlands, Texas, addressed the Board. He stated that the company has been operating in Beaumont since 2017, there are nine plants operating in the United States., and his company would like to increase production in Beaumont. Machinery will be transferred to the Beauniont location in order to increase production. His company would like to construct an open air roof addition to house the transferred equipment. 3 BOARD OF ADJUSTMENT January 5, 2023 Samuel Stewart, Engi neer, 5711 Long Creek Lane, Hotiston, Texas, also addressed the Board. Fle stated that Wire Mesh Corporation wishes to expand its operation and hire additional individuals in Beaumont. Discussion folloNved concerning the use and location of the machinery. It Nvas noted that the WMC is currently using the requested setback as a storage area, which may be encroaching onto the public right- of-way. Staff suggcsted that the property owner can request for a poteiitial abandonment through the Planning Commission in order to correct the issue. Discussion continued regarding placement of the existing fence. The public hearing was closed on this item. Further discussion fol lowe d concerning Avenue C traffic volume, currerit use of the property along Avenuc C and the need to sectire building permits prior to constrLiction taking place on the property. Board Member Beaver moved to approve the request for a Variance to the required setback when abutting a street right-of-way to be reduced from 25' to 0', as requested in File PZ2022-495. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Tiniaeus-Nay, Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board Member Sorrell - Aye. The motion to approve passed 4: 1. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:37 p.m. 4 DATE: February 2, 2023 TO: Board of Adjustment FROM: AdineJosey Senior Planner SUBJECT: To consider a request for aVariance tothe required front yard setback kzbereduced from 25' to T and the required side yard setback to be reduced from S' to 2.5' for a carport. FILE: PZ2023'16 Marc LaRousseand his son Eric LaRousse property owner, are requesting aVariance for the property located at 1440 Mimosa Lane' They would like to construct a carport in the required front yard. Carports are permitted in the required front yard if there is no existing garage or access to the rear yard. Mr. LeRouase,however, has anexisting garage. The property |azoned R3(Residential Single -Family Dwelling) and therefore requires a2S'building setback from the front property line and aS'setback fromthesideforaone-storystructure. The applicant requests the required setbacks tobcreduced from 25' to3' and 5'to 2.5'. The applicant shall have the burden ofproof todemonstrate that all three conditions necessary for approval have been met: A) That the granting ofthe variance will not becontrary tothe public interest; FU That literal enforcement ofthe 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 lnquestion. "Unnecessaryhardsh|»"shall mean physical hardship relating 1othe property itself as distinguished from a hardship relating to convenience, financial cons1derat|onsorcaprice,andthehardsh|pmustnotresu)tfromtheeppUcantorovvne/s actions; and C) That bygranting the variance, the spirit ofthe ordinance will beobserved and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners _2]6__.. Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 7.0ock 6, Tanglewood Addition, an addition to the City of Beaumont, Jefferson County, Texas, GENERAL INFORMATION/PUBLIC UTILITIES NORTH: Residential EAST Residential SOUTH- Residential WEST: Residential K4ancLaRousse Eric LaRousse l44OMimosa Lane RS (Residential Single -Family Dwelling) 0.151acres more orless Residential "X"—Area determined tobeoutside the 5OOixsarflood RS(Residential Single -Family Dwelling) RS RS Stable Area —Loca|Street with a6O'rig ht-of-vvayand 26' pavement width. Curb and gutter 611 sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200.1 BARRIENTOS A[ A C CELL1 MICHAEL JUDE CERI IEWICZ MICHAEL D & APRIL M DALEY BRAD DOCTOR TYRS & SHERMETTE HAWKES MARSHALL HEBERT DANA G & MEGAN E HEBERT LINDY LEE &JULIE HOLBROOK JAMES R HURLEY J W SIB DAMES JOHN J SEPH CEDRIC V iR[EAY hATIE NICLE LARUSSE ERIC RUSSELL MARTINEZVERONICA NIET MUIRHE DTH MAS & SHAWN PARKS CHRISTPHER PHILLIPS MASON GLFNN & ME+GAN ANN SCHAPER JOD SCTT JANE SHANILE ELEANR & SHANILE IENNETH THOMPSON M TTHEW C & SANDRA TILLSRY D'IfIHT & JENNIEEB IlATII NS JAN ICE I WIGINS MICHAEL RBEIT WILSC N TERREL D & ANGIE D BEAVM4NT Planning & Community Development Case Type: Planning and Zoning Case Sub Type: Variance Case #: PZ2023-16 Location: 1440 MIMOSA LIB, BEAUMONT, 77706 Individuals listed on the record - Applicant Marc LaRousse 1440 Mimosa Ln Beaufniont, TX 77706 Property Owner Eric LaRousse 1440 Mimosa Ln Beaumont, TX 77706 Type of Variance Variance Case Status: PENDING Tag Name: Variance requested to add a carport to the residence Initiated On: 1/10/2023 3:09:55PM Home Phone: 4097824518 Work Phone: Cell Phone. 4097824651 E-Mail- ML3815@yahoo.com Home Phone: 4097824518 Work Phone: Cell Phone. 4097824651 E-Mail- marclarousse@yahoo.com Legal Description Lot 7, Block 6, Tanglewood Addition, an addition to the City of Beaumont, Jefferson County, Texas, according to the Map or Plat recorded in Volume 7, Page 221, Map/Piat Records of Jefferson County, Texas. That the granting of the variance will not be contrary to the public interest That literal enforcement of 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. - The open air carport will not obstruct the line of sight, and will not bring down the property value of the property or of other properties in the Tanglewood addition. My vehicle will not fit into the garage, which limits my ability to protect it from the elements. There is also a potential safety hazard when uncovered pavement is wet, as in the case of a slip and fall accident. This is concerning, as young and elderly visitors frequent the horse. This will be an open-air carport, and will not cause a sight obstruction to neighbors or traffic. Case Type- Planning and Zoning Page 1 of I Case -4- PZ2023-16 Printed On: 1/1112023 City ofBeaumont Planning Department 801 Main St. BeaumontTX 77701 Dear Board ofAdjustment, 1, Marc LaRousse., and my son, Eric LaROUsse,, are writing this letter together to request a variance be granted for the addition of a new carpoa to be added over the, existing driveway at his residence, located at 1440 Mimosa Lane, Beaumont, Texas. Thehcrne does have aone-car garage, bUt unfortunately, it is too small both in width and in length fore vehicle to fit into it, and so it does not fit the definition of what a garage is intended to be used for. Additionally, there is not enough clearance todrive ovehicle oneither side of the home to park inthe back yard, so placing a carport or a suitable sized garage there is not an option. Being unable topark inside the garage limits the ability to protect the vehicle from the elements, and carport would certainly help in that respect. A carport would also help toalleviate the possibility of slip and fall when having to walk on wet pavement, or when running in a rainstorm, while going to and fromthebouse. There are freqUent visitors to the home, both young and elderly, and there is much concern for their safety, as well. The carport will be28'|nlength, and 28 inwidth. itwill heconstructed ofpremium grade metal ina Dat'roofdes�n, and will be tied in directly to the existing roof, which will ensure seamless transition between new and existing construction. The carport will bolocated within the boundsoythe existing driveway, and will be of an open-air design, which ensures that it will not cause a sightline obstruction to neighbors, nor to traffic. The required minimum front yard setback of 25" would be reduced to 35". The neighbors on either side of the home are aware of the plans, and neither has objected to the carport being added tothe driveway. There is at least other carports on Mimosa Lane, aswell asothers onsurmund1ng streets. For example, there iaone onGa|ewood,and one onSul Ross, both ofwhich encroach the setback, and they have existing garages. In our opinion, those carports do not detract from the value of those hornes, or from those homes around them. We have attached the provided site plan, which indicates the location and size of the carport. We greatly appreciate your time and consideration into reviewing the variance application, and are hopeful that it will be approved. Sincerely yours,, Marc LaRousse Eric LaRousse lz Ir "Y POD`, I i 4 � vi NOTE: 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE, 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHIGH IS BASED ON HIS BEST KNOWLEDGE, INFORk4ATION AND BELIEF, FORMED IN THE SCALE 1 " 20 1 COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEAS BOARD Of PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL AL SURVEYORS, AS SUCH, I-T CONSTITUTES NEITHER A GUARANTEE NOR A WA,RRAN'TY, EXPRESSED OR IMPLIED. . ALL SET 5 8'° IRON RODS SET WITH A OAP STAMPED "M.W. WHITELEY & ASSOCIATES". I i C �P, I lI l , _ 1 1' TF: POWER POLE 0 RESIDENCE PROTRUDES FROM 0.14' TO r LIGHT POLE 0.2 ' ONTO A ' SIDE SETBACK LINE. RESIDENCE PROTRUDES .�'' ONTO A —� —�--- WOOD FENCE � R 2 REAR SETBACK LINE. WROUGHT IRON FENCE ` 5 81, RODj OVERHEAD ELECTRIC CONCRETE � 14 1 2" I. ROD BEAR ROCK 61 T(-`F3'fi'2" ' CALCULATED CORNER*,, '' _!� � LOT7 UNABLE TO FIND OR BLOCK SET DUE TO FENCE POST & POWER POLE POWER POLE BEARS SIDE SETBACK h 34�` � ' ]7' I . ..c VOL, 1015,LPG, 38 C F IOGT3. BRAG WOOD FEN - . BEARS S 48' 2'32 "E 1 � 25" _ - D 5 SIDE SETBACK ,� _ J„ VOL. 1015, PG. 388 r � 4.74 r 23.5 �wR 0 i I co co �: t BRI FRAME z � �� !10 0 > RESIDENCE <- LL CO , , u 04 _ C(V. ` _BLS. SETBACK �. rf PEP PLAT VOL. 1034, PG. 604 .5' EASEMENT . OPR'iJC PER PIT FNI 1p FND 58rT [rE I. ROD 1. R F U N00`0 '57�V 65. 2' (CALL 00'0' 0"V1 5. ' 5 (CAUL 0` '00')'/ 75.00') REFERENCE REARING PER PLAT MIMOSA LANE F ROW) FND 1" Ir ROD Reviewed and Approved r TO THE OWNERS OF THE PREMISES SURVEYED 1440 MIMOSA LANE AS OF THE DATE OF I FEE SURVEY. BEAUMONT, TEXAS 7770 1, TI�O��AS S. F� OWE DO HEREBYCERTIFY 7 AT THIS SURD' WAS THIS DAB' Lot 7, lock G, TA LEW000 ADDITION, an Addition ,_ S -- MADE Oil THE SURFACE OF TBE I�OUNQ OF THE PROPERTY LECALL1� DESCRIBE to the City of Beaumont, el+erson County, Tay, according to the Mai or Pint regarded in VolumeHEREONAID I CORRECT. I AND (� DISCREPANCIES, SHORTAGES IN AREA, Page i Ma I��at Re -cords of JeffersonE I� ROA I- MEI TS R OVERLAPPING OFIMPR IMPROVEMENTS ON THE SURFACE OF THE 7 AGROUND, EXCEPT AS SHOWN HEREON. ALL RECORDED CEMENTS SHOWN AND County, Texas. TOTED PER CAPITAL TITLE OF TEXAS, LLC G.F. No* 21—708 1- VIE Owner, Eric Russell LaRousse