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HomeMy WebLinkAbout04-06-23 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT April 6, 2023 st 1 Floor Conference Room, Ste. 130, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on April 6, 2023 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent: Board Member Joey Hilliard Alternate Board Member Christy Amuny Also present: Adina Josey, Senior Planner Sharae Reed, City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Board Member Beaver moved to approve the minutes of the March 2, 2023 meeting. Board Member Sorrell 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) File PZ2023-97: To consider a request for a Special Exception to waive off- street parking and loading requirements for a carpentry shop Applicant: Javier Ralda Location: 1009 Orange Avenue Mrs. Josey presented the staff report. Javier Ralda has requested a special exception to waive off- street parking requirements for the property at 1009 Orange Avenue. BOARD OF ADJUSTMENT April 6, 2023 $ Special exception (c.) allows a waiver to off-street parking when the Board finds the same is unnecessary for the proposed use of the building for which the request applies. Mr. Ralda has submitted a Specific Use Permit application for consideration by the Planning and Zoning Commission. The building where he hopes to open his carpentry shop currently does not have parking that meets City requirements. According to the Zoning Ordinance, the 6,000 sq. ft. shop would require 6 parking spaces. GO`YW\\U!T\]`!bVS!ab`cQbc`S!VOa!VWab\]`WQOZZg!PSS\\!\]\\!bVS!:Wbgka! right-of-way, and backs out onto the street pavement. The property includes a vacant lot behind the building, but paving would be required for an approach and ADA compliant parking if off- street parking to meet the Zoning Ordinance is required. Mr. Ralda states this would cause him hardship. Slides of the subject property and site plan were shown. Twenty-three (23) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. Brief discussion followed concerning Property Owner Notices mailed to applicants in Spanish, as well as English and previous use of the building. The applicant was present. Javier Ralda, 9201 Oak Arbor Drive, Conroe, Texas addressed the Board. He stated that he recently discovered that the previous owner did not obtain the necessary permits for the building. The building contains no fire alarm system and he is in the process of obtaining the proper permits. Mr. Ralda also stated that he has recently paid an outstanding property tax debt owed by the previous owner. Chairman Timaeus explained the purpose of the Board. It was also stated that concrete was previously poured within the City right-of-way in compliance with ADA parking requirements. Mr. Ralda further stated that curb-stops will be placed in the proposed parking spaces. Chairman Timaeus inquired as to the possibility of granting a Special Exception conditioned upon the continued use of the building as a carpentry shop. City Attorney Reed stated that such Special Condition may be granted. Further discussion concerning requirement of a new waiver should future additional parking be requested. It was also discussed that the building will be used as a pre-fabrication shop with no showroom. Brief discussion followed concerning modifying the motion in order to allow the Special Exception so long as the building is continuously used as a carpentry shop. 2 BOARD OF ADJUSTMENT April 6, 2023 $ Chairman Timaeus moved to approve the request for a Special Exception to waive off-street parking and loading requirements for a carpentry shop so long as the building is continuously used as a carpentry shop, as requested in File PZ2023-97. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve the request carried 5:0. 2) File PZ2023-114: To consider a request for a Variance to the minimum rear yard setback requirement for a house Applicant: Israel Mendiola Jr. Location: 5495 Greenbriar Lane Mrs. Josey presented the staff report. Israel Mendiola Jr. is requesting a Variance for the property located at 5495 Greenbriar Ln. The property is zoned Residential Single-Family (R-S) and bVS`ST\]`S!`S_cW`Sa!O!`SO`!gO`R!aSbPOQY!\]T!.1k!T\]`!O!\[OW\\!ab`cQbc`S+!!JVS!O^^ZWQO\\b!Wa!`S_cSabW\\U!bVS! rear yard aSbPOQY!b\]!PS!`SRcQSR!T`\]\[!.1k!b\]!/+20k+!! An appraiser for the home discovered there was an addition completed without the benefit of a Variance sometime prior to 2003. Staff does have record of a Variance being filed by the U.S. Department of Housing and Urban Development (HUD) in October 2003. They requested LO`WO\\QSa!T\]`!2j!W\\b\]!bVS!1k!\[W\\W\[c\[!aWRS!aSbPOQY!O\\R!..k.j!W\\b\]!bVS!\[W\\W\[c\[!`SO`!aSbPOQY!b\]! accommodate existing encroachments. The Board approved the Variance to the side setback, but denied the Variance for the rear setback. In March of 2022, Mr. Mendiola requested the Variance to the rear setback a second time. Staff reports and Certifications for the October 2, 2003 and March 3, 2022 meetings are attached. Mr. Mendiola Jr. has been unable to sell the home causing him financial hardship, which was not previously allowable for consideration. Lenders will not grant a home loan for the house due to the existing rear yard encroachment, as it was never granted approval. In addition, a recent apprais OZ!abObSa)!iLOZcObW\]\\!Wa!acPXSQb!b\]!ObbOW\\W\\U!O!N\]\\W\\U!LO`WO\\QS!O\\R!Q\]\\TW`\[ObW\]\\!bVOb!bVS! subject is a legal non- Q\]\\T\]`\[W\\U!W\[^`\]dS\[S\\b+j!8a!RWaQcaaSR!^`SdW\]caZg)!bVS!JSfOa!C\]QOZ! may consider the following as grounds to ?\]dS`\\\[S\\b!:\]RS!.--+,,5!abObSa)!i!+!+!+!bVS!P\]O`R determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship: (1) the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code 7j!BSTTS`a\]\\!:S\\b`OZ! ue as $205,293.00. 8^^`OWaOZ!<Wab`WQb!ZWaba!bVS!^`\]^S`bgka!OaaSaaSR!dOZ 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 3 BOARD OF ADJUSTMENT April 6, 2023 $ exceptional physical situation or hardship physical condition unique to the specific ^WSQS!\]T!^`\]^S`bg!W\\!_cSabW\]\\+!!iK\\\\SQSaaO`g!VO`RaVW^j!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant \]`!\]e\\S`ka!OQbW\]\\a7!O\\R 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 site plan were shown. It was noted that cost of reconstructing the home to bring it into compliance could possibly exceed 50% of the appraised value of the structure. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. 8!`S^`SaS\\bObWdS!\]T!bVS!O^^ZWQO\\b!eOa!^`SaS\\b+!JW\[!MWZZWO\[a)!HSOZb\]`!T\]`!bVS!DS\\RW\]ZOka)!32/,! Superior Drive, Nederland, Texas addressed the Board. He stated that the structure has been in its current state since at least 2003 and it has not caused a detriment to the neighborhood. Mr. Williams further stated that the Mendiola family has moved to Corpus Christi and are now absentee owners of the property that would rather sell the property than rent it to someone that could possibly not take care of it as an owner occupant would. He also stated that without the Variance, no Appraiser will allow the property to be sold. Mr. Williams further stated that there has been no bid for the cost of reconstructing the home to bring it into compliance and the addition is currently being used as a game room. He also stated that the requested Variance is for the existing structure only, not for new construction of an addition to the residence. Brief discussion followed concerning the location of the structure on the property, distance to the rear fencing, and the location of utilities on the property. The applicant was present. Israel Mendiola, Jr., 5495 Greenbriar Lane, Beaumont, Texas addressed the Board. Mr. Mendiola discussed the location of drainage and utilities on the property. He also stated that no complaints have been received from neighbors regarding the structure being located near the property line. He further stated that the addition was added to the home by the previous owner. It was also stated that at the time Mr. Mendiola purchased the home, he was unaware that a Variance was not acquired by the previous owner. A member of the audience requested the opportunity to speak and was sworn in at 3:33 p.m. Germaine Moore, 3639 Briar Creek Drive, Beaumont, Texas addressed the Board. Mr. Moore abObSR!bVOb!VWa!V\]\[S!POQYa!D`+!DS\\RW\]ZOka!^`\]^S`bg+!:VOW`\[O\\!JW\[OSca!Sf^ZOW\\SR!bVS!LO`WO\\QS! request. Mr. Moore stated that he is not opposed to the request. 4 BOARD OF ADJUSTMENT April 6, 2023 $ Further discussion followed relating to the statute of limitation for which the City can take action for a structure that has been illegally constructed. Brief discussion followed concerning modifying the motion in order to restrict the property owner from future new construction along the property line. Mrs. Josey explained that the previous property owner applied for a permit for a detached rear yard structure, however, upon final inspection by City Staff it was found to be an attached structure. Board Member Beaver moved to approve the request for a Variance to the minimum rear yard setback requirement for a house for the existing structure only, as b\]!PS!`SRcQSR!T`\]\[!.1k!b\]!/+20k requested in File PZ2023-114. Board Member Rowe seconded the motion. A roll call vote was taken. Chairman Timaeus-No, Board Member Beaver-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve the request carried 4:1. 3) File PZ2023-123: To consider a request for a Variance to the minimum front and rear yard setback requirements for a house Applicant: JWTC, JW Turner Construction, Ltd. Location: 2550 Brooklyn Street Mrs. Josey presented the staff report. JW Turner Construction, Ltd., is requesting a Variance for the property located at 2550 Brooklyn Street. The property is zoned Residential Single-Family (R- . The applicant I(!O\\R!bVS`ST\]`S!`S_cW`Sa!O!T`\]\\b!gO`R!aSbPOQY!\]T!.1k!O\\R!O!`SO`!gO`R!aSbPOQY!\]T!.1k is requesting the front yard PS!`SRcQSR!b\]!-+2k!O\\R!bVS!`SO`!gO`R!PS!`SRcQSR!b\]!1k+ This will be a new home provided through the Texas General Land Office Homeowners Assistance G`\]U`O\[!T\]`!RWaOabS`!`SQ\]dS`g+!JVS!OdOWZOPZS!Z\]b!Wa!1/+-k!eWRS)!Pcb!\]\\Zg!05+2k!RSS^)!O\\R!bVS! proposed house imum of eWZZ!PS!.4k!eWRS!Pg!0/k!RSS^+!ESeZg!^ZObbSR!Z\]ba!O`S!`S_cW`SR!b\]!PS!O!\[W\\ The applicant states that the extreme shallowness of this lot creates a 1,k!eWRS!Pg!-,,k!RSS^+! hardship. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific ^WSQS!\]T!^`\]^S`bg!W\\!_cSabW\]\\+!!iK\\\\SQSaaO`g!VO`RaVW^j!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant \]`!\]e\\S`ka!OQbW\]\\a7!O\\R 5 BOARD OF ADJUSTMENT April 6, 2023 $ 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 (20) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. Brief discussion followed concerning the lot being subdivided from an original larger lot and that new construction will be compliant more so than the existing home located on the property. Further discussion followed concerning rules of Abstention. The applicant was present. Allen Matherne of JWTC JW Turner Construction, Ltd., 3390 N. Tram Road, Vidor, Texas addressed the Board. He stated that the new home will have a similar footprint as the existing home. He further stated that the existing home, driveway and carport will be demolished. A new home will be constructed, along with a new ramp and sidewalk. Further discussion followed concerning wooden piers on the proposed home. Board Member Sorrell moved to approve the request for a Variance to the minimum front and rear yard setback requirement for a house, as requested in File PZ2023-123. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve the request carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:55 p.m. 6