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Home My WebLink About07-06-23 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT July 6, 2023 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on July 6, 2023 and called to order at 3:02 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard *arrived at 3:12 p.m. Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Alternate Board Member Christy Amuny Alternate Board Member Chris Jones Also present: Adina Josey, Senior Planner Tom Duesler, Senior Assistant City Attorney Mayor Roy West Mayor Pro-Tem Charles Durio Kenneth R. Williams, City Manager Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Rowe moved to approve the minutes of the June 1, 2023 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:03 p.m. PUBLIC HEARING 3) File PZ2023-255: To consider a request for a Variance to the minimum front yard setback requirements for a house Applicant: Jennifer Smith Location: 2375 Irving Avenue BOARD OF ADJUSTMENT July 6, 2023 $ This item was heard first. Mrs. Josey presented the staff report. Jennifer Smith of Tegrity Homes, L.L.C., is requesting a Variance for the property located at 2375 Irving Avenue. Last month Variances for both sides and rear of this property were approved. The property is zoned RM-H (Residential Multiple-Family Dwelling Highest Density) iO\\R!`S_cW`Sa!O!\[W\\W\[c\[!T`\]\\b!gO`R!aSbPOQY!\]T!-0m*!!IVS!O^^ZWQO\\b!Wa! - `S_cSabW\\U!bVOb!T`\]\\b!gO`R!aSbPOQY!PS!`SRcQSR!b\]!-+m!T\]`!O!\\Se!V\]caS!b\]!OZZ\]e!leWUUZS`\]\]\[m!b\]! adjust the location of the structure as needed. This will be a new home provided through the Texas General Land Office Homeowners Assistance F`\]U`O\[!T\]`!RWaOabS`!`SQ\]dS`g*!IVS!OdOWZOPZS!Z\]b!Wa!O^^`\]fW\[ObSZg!0+m!eWRS!O\\R!1-m!RSS^(!Pcb!bVS! proposed house will face the side street as does the existing house which it will replace. The applicant states that the lot is extremely small, creating a hardship. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific ^WSQS!\]T!^`\]^S`bg!W\\!_cSabW\]\\*!!jJ\\\\SQSaaO`g!VO`RaVW^k!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`ma!OQbW\]\\a5!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 and site plan were shown. Thirty-six (36) 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 request. Board Member Rowe moved to approve the request for a Variance to the minimum front yard , as requested in File PZ2023- aSbPOQY!`S_cW`S\[S\\ba!T\]`!O!V\]caS!\]\\!HbO\\b\]\\!Hb`SSb!T`\]\[!-0m!b\]!-+m 255. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus- Aye, Board Member Beaver-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye. The motion to approve the request carried 4:0. 2 BOARD OF ADJUSTMENT July 6, 2023 $ 1) File PZ2023-230: To consider a request for a Variance to the perimeter landscaping requirements Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: 6010-6120 Muela Creek Drive Mrs. Josey presented the staff report. Aaron Ward of Faust Engineering and Surveying, Inc., is requesting a Variance for the property located at 6010-6120 Muela Creek Drive. This property backs up to an existing apartment complex. Property to the east was granted a similar Variance in 2017. Along the south edge of the multi-family property there is a twenty (20) foot wide Entergy easement. This easement contains overhead power lines. Trees are not allowed within thirty (30) feet of overhead power lines, so would not be allowed in the landscaped buffer. The Variance, if granted, would be for the ten (10) foot wide grassed strip along the property line. The apartment complex has placed a fence on the north side of the Entergy easement and left the easement overgrown. Parking would be added in place of the landscaped buffer. Public Works states that the concrete would need to be jointed at the edge of the easement, but they are not opposed to parking in the easement. 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\]\\*!!jJ\\\\SQSaaO`g!VO`RaVW^k!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result T`\]\[!bVS!O^^ZWQO\\b!\]`!\]e\\S`ma!OQbW\]\\a5!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 and site plan were shown. Fourteen (14) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and or in opposition. Brief discussion followed concerning the specifics of the request. 3 BOARD OF ADJUSTMENT July 6, 2023 $ The applicant was present. Richard Faust of Faust Engineering and Surveying, Inc., 5550 Eastex Freeway, Suite O, Beaumont, TX addressed the Board. He stated that overhead power lines prevent the possibility of planting trees in the landscape buffer and therefore the buffer would not serve a purpose. He added that there will be a fence. Finally, he stated that a neighbor to the east had been granted a similar variance. Further discussion followed concerning the easement and curb cuts. Board Member Hilliard moved to approve the request for a Variance to eliminate the perimeter landscaping requirements along the north border of the property, as requested in File PZ2023-230. Board Member Beaver 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 the request carried 5:0. 2) File PZ2023-253: To consider a request for a Special Exception to reduce off- street parking requirements Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: 6010-6120 Muela Creek Drive Mrs. Josey presented the staff report. Aaron Ward of Faust Engineering and Surveying, Inc., is requesting a Special Exception for off-street parking at 6010-6120 Muela Creek Drive. The proposed development would require 165 parking spaces for shard parking in a multi-use shopping center. The requirements for miscellaneous retail (not in a shared shopping center) would be 138 parking spaces. The project design allows for 150 parking spaces. a deviation from the requirements of the IVS!N\]\\W\\U!E`RW\\O\\QS!RSTW\\Sa!O!H^SQWOZ!:fQS^bW\]\\!Oa(!j zoning ordinance, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect >1.!@*5?.!*7-!?=.!8/!*-3*,.7>!8<!7.201+8<270!9<89.<>C!8<!+.!,87><*<C!>8!>1.!+.=>!9?+52,!27>.<.=>'E! Section 28.02.005(2)To waive or reduce off-street parking and %8&!OZZ\]ea!O!H^SQWOZ!:fQS^bW\]\\(!j loading requirements when the board finds the same are unnecessary for the proposed use of the +?25-270!8<!=><?,>?<.!/8<!A12,1!>1.!=9.,2*5!.B,.9>287!<.:?.=>!*9952.='E Slides of the subject property and site plan were shown. Fourteen (14) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and or in opposition. Brief discussion followed concerning the driveway specifics and parking rules. 4 BOARD OF ADJUSTMENT July 6, 2023 $ The applicant was present. Richard Faust of Faust Engineering and Surveying, Inc., 5550 Eastex Freeway, Suite O, Beaumont, TX addressed the Board. He spoke to request that the special exception be granted. Board Member Rowe moved to approve the request for a Special Exception to reduce off-street parking requirements to 150 parking spaces, as requested in File PZ2023-253. Board Member Sorrell 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 the request carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:32 P.M. 5