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Home My WebLink About01-05-23 BA MinutesM I N U T E S BOARD OF ADJUSTMENT JanuaiT 5,2023 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on January 5, 2023 and called to order at 3:02 p.m. with the following members present: Chairman Dana Tiniaeus Board Membcr Jeff Beaver*arrived at 3:03 Board Member Joey Hilliard Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Alternate Board Member Christy Amuny Alternate Board Member Cliris Jones Also present: Demi Engman, SeDiOrPlaiiner 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 caff ied 4:0. Commissioner Beaver not yet present. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:04 p.m. PUBLIC HEARING, 0 1) File PZ2022-462: 'To coiisider a 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'. Applicant: Jcrmifer Smith for Brandie White Location: 3410 Duke Street Mrs. Engman presented the staff report. Jennifer 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 (RS) and therefore requires a rear building setback of 25' and a pavement setback of 2'6 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 3410 Duke Strcct has a measurement of 73' at its maximum depth, and a measurement of approximately 197' at its niaximuni width. Due to the shape of the lot, it is limited in buildable space with strict adherence to the required setbacks. '1"heCXiStiDg home is situated oiler 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 net: 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. "Umiecessary 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 ordinanec 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 (too) 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 owner of a neighboring property. Brief discussion followed concerning placement of the ramp and the home's designation as a Texas General Land Office (GLO) home. "I"he public hearing was opened on this item. A representative of the applicant was present. Todd DeWalt with Tegrity Homes, on behalf of property owner Brandle White, 19422 Mori -is Avenue Suite B, Manvel, Texas, addressed the Board. He stated that the current home located on the property is dilapidated and was constructed over the property line. The home will be n-ioved 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 and setback to be reduced fron-t 25' to 5'6" and the required pavement setback to be reduced from 2' to 0', as requested in File PZ2022-462. 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, Board Member Sorrell -Aye. The motion to approve passed 5:0. 2 BOARD OF ADJUSTMENT January 5,2023 2) File lIZ2022-495: To consider a request for a Variance to the required building setback when abutting a street right-of-way to be reduced from 25' to 0". Applicant: Sergio Luis Del, Mato Robles Location: 220 Avenue A Mrs. Engnian presented the staff report. Sergio Luis Del Mazo Robles, on behalf of Rafael Barrenechea, property owner, requests a Variance to the property located at 220 Avenue Azon . The property is ed HI (Heavy Industrial) and therefore requires a 25' building setback fron'i the abutting a street fight -of -way. The applicant requests the required setback to be reduced from 25' to 0' to accommodate all open air roof addition. The additioii will extend to the existing fence line with all structural supports being within the property. If granted, this will allow his employees to conduct work under 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 unnecessary hardship because of exceptional narrowness, shallowncss, 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 convenienec, 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 suject property and site plan were shown. Twenty-eight (28) notices were n-sailed to property owners within two hundred (too) 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 encroachment into the 25' setback and identification of the building (Enterg' Substation) located across the street on Avenue C. 'The Public hearing Nvas opened on this item. Sergio Luis Del Mato Robles with Wire Mesh Corporation (WMC , on behalf of property owner Rafael Barrenechea, 25219 Kuykendahl Road, Suite 290 , 11 flie 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 Beauniont. Machinery will be transferred to the Beaumont location in order to increase production. His company would like to construct an open air roof addition to house the transferred equipment. 3 BOARD 01-4 'ADJUSTMENT January 5,2023 Samuel Stewart, Engineer, 5711 Long Creek Lane, Houston, Texas, also addressed the Board. He stated that Wire Mesh Corporation wishes to expand its operation and hire additional individuals in Beaumont. Discussion followed concerning the use and location of the machinery. It was jioted that the WMC is currently using the requestcd setback as a storage area, which may be encroaching onto the public right- of-way. Staff suggested that the property owner can request for a potential abandonment through the Plaiming 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 followed concerning Avenue C traffic volume, current use of the property along Avenue C and the need to secure building permits prior to construction taking place on the property. Board Member Beaver moved to approve the request for a Varianec 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 Timaeus-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, THF1, MEETIN(I-'r WAS ADJOURNED AT 3:37 p.m. 4