The URL can be used to link to this page

Home My WebLink About05-04-23 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT May 4, 2023 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on May 4, 2023 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Joey Hilliard Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent: Board Member Jeff Beaver Alternate Board Member Christy Amuny Also present: Adina Josey, Senior Planner Sharae Reed, City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Alternate Board Member Jones moved to approve the minutes of the April 6, 2023 meeting. Board Member Hilliard 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 PZ2023-122: To consider a request for a Variance to the minimum side yard setback requirements for an accessory structure. Applicant: Holly Hamm Location: 229 W. Circuit Drive Mrs. Josey presented the staff report. Holly Hamm is requesting a Variance for the property located at 229 West Circuit Drive. The property is zoned Residential Single-Family (R-S) and therefore BOARD OF ADJUSTMENT May 4, 2023 $ aT`dXaTb!P!\\X\]X\\d\\!bXST!hPaS!bTcQPRZ!^U!-)0l!U^a!P\]!PRRTbb^ah!bcadRcdaT!X\]!cWT!aTPa!hPaS)!!JWT! P__\[XRP\]c!Xb!aT`dTbcX\]V!cWT!bXST!hPaS!bTcQPRZ!c^!QT!aTSdRTS!Ua^\\!-)0l!c^!,)4l)!! uired the property and would like to build an extension on the rear of the JWT!?P\\\\lb!aTRT\]c\[h!PR` TgXbcX\]V!RPa_^ac*bc^aPVT!PRRTbb^ah!bcadRcdaT)!!JWXb!bcadRcdaT!Xb!\[^RPcTS!,)4l!Ua^\\!cWT!bXST!_a^_Tach! line and appears to have been permitted in 2011. Mrs. Hamm states that the addition will be a one- bc^ah!bcadRcdaT!fXcW!\]^!fX\]S^fb!^\]!cWT!\]TXVWQ^alb! side of the building, and that the extension is to accommodate a boat that will not fit if they have c^!QdX\[S!-)0l!Ua^\\!cWT!_a^_Tach!\[X\]T) 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 _XTRT!^U!_a^_Tach!X\]!`dTbcX^\])!!jK\]\]TRTbbPah!WPaSbWX_k!bWP\[\[!\\TP\]!_WhbXRP\[!WPaSbWX_! relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant ^a!^f\]Talb!PRcX^\]b6!P\]S 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-three (23) notices were mailed 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. Dab)!A^bTh!bcPcTS!cWPc!cWT!_a^_Tach!^f\]Ta!^U!cWT!\]^cXRT!X\]!UPe^a!bX\\_\[h!RXaR\[TS!jNTb)k A representative of the applicant was present. Blake Hamm, 229 West Circuit Drive, Beaumont, Texas addressed the Board. He stated that he and his wife, the applicant, recently purchased the property. Their contractor, Mr. Bevilacqua, was also present. Mr. Hamm further stated that the narrow driveway only allows one vehicle at a time to enter or exit the property. He also stated that they would like to extend the existing carport/storage building in order to house a boat and lawn equipment, which would allow additional on-street parking. Mr. Hamm stated that the boat will not fit if the structure were extended within the existing setback. Brief discussion followed concerning the layout of the extension on the property and responses from neighboring property owners relating to the proposed extension. Board Member Rowe moved to approve the request for a Variance to the minimum side yard setback requirements for an accessory structure, as requested in File PZ2023-122. Board Member 2 BOARD OF ADJUSTMENT May 4, 2023 $ Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Hilliard-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve the request carried 5:0. 2) File PZ2023-133: To consider a request for a Variance to the minimum side yard setback requirements for a house Applicant: JWTC, JW Turner Construction, Ltd. Location: 3185 W. Crockett Street Mrs. Josey presented the staff report. JW Turner Construction, Ltd., is requesting a Variance for the property located at 3185 W. Crockett Street. The property is zoned RCR (Residential Conservation Revitalization) -story P\]S!aT`dXaTb!P!\\X\]X\\d\\!bXST!hPaS!bTcQPRZ!^U!2)0l!U^a!P!cf^ structure. The applicant is requesting that both side yard setbacks be reduced to 5 feet. This will be a new home provided through the Texas General Land Office Homeowners Assistance Ga^VaP\\!U^a!SXbPbcTa!aTR^eTah)!JWT!PePX\[PQ\[T!\[^c!Xb!P__a^gX\\PcT\[h!-0l!fXST!P\]S!cWT!\]Tf!W^dbT!fX\[\[! QT!,0l!fXST)!ETf\[h!_\[PccTS!\[^cb!PaT!aT`dXaTS!c^!QT!P!\\X\]X\\d\\!^U!0+l!fXST)!!JWT!P__\[XRP\]c!bcPcTb! that the extreme narrowness of this lot creates a hardship. The existing house, which will be demolished to make room for the new structure, is located less than 5 feet from each side property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: D)That the granting of the Variance will not be contrary to the public interest; E)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 _XTRT!^U!_a^_Tach!X\]!`dTbcX^\])!!jK\]\]TRTbbPah!WPaSbWX_k!bWP\[\[!\\TP\]!_WhbXRP\[!WPaSbWX_! relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant ^a!^f\]Talb!PRcX^\]b6!P\]S F)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-four (34) notices were mailed 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. Brief discussion followed concerning the Federal Work Program associated with the home located on the neighboring property and the rebuild of the existing structure on the subject property due to wind damage and flooding resulting from previous storms/hurricanes. 3 BOARD OF ADJUSTMENT May 4, 2023 $ The applicant was present. Katrina Randazzo of JWTC JW Turner Construction, Ltd., 3113 Hwy 69 N., Nederland, Texas addressed the Board. She stated that many homes were not elevated after Hurricane Ike and Hurricane Rita. Ms. Randazzo further stated that it is possible that the neighboring home is a rebuild resulting from Hurricane Harvey or Tropical Storm Imelda. She P\[b^!bcPcTS!cWPc!cWT!_a^_^bTS!W^\\T!fX\[\[!QT!T\[TePcTS!.l!Pb!aT`dXaTS!Qh!cWT!M^aZ!Ga^VaP\\)!Db)! Randazzo then explained the manner in which the high-water mark is determined. Further discussion followed concerning the blueprint layout of the proposed home and the location in which a wheelchair lift will be installed. Board Member Hilliard moved to approve the request for a Variance to the minimum side yard setback requirements for a house, as requested in File PZ2023-133. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Hilliard- 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 3:23 p.m. 4