HomeMy WebLinkAbout06-01-23 BA Minutes
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* M I N U T E S *
BOARD OF ADJUSTMENT
June 1, 2023
Council Chambers, City Hall, 801 Main Street, Beaumont, Texas
A meeting of the Board of Adjustment was held on June 1, 2023 and called to order at 3:01 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Joey Hilliard
*arrived at 3:02 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
Catherine Allen, Recording Secretary
APPROVAL OF MINUTES
Board Member Rowe moved to approve the minutes of the May 4, 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 3:02 p.m.
PUBLIC HEARING
1)
File PZ2023-182: To consider a request for a Variance to the minimum side yard
and rear yard setback requirements for a house.
Applicant: Jennifer Smith
Location: 2375 Irving Avenue
Mrs. Josey presented the staff report. Jennifer Smith of Tegrity Homes, L.L.C., is requesting
Variances for the property located at 2375 Irving Avenue. The property is zoned RM-H
(Residential Multiple-Family Dwelling Highest Density) and requires a minimum rear setback
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BOARD OF ADJUSTMENT
June 1, 2023
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-story structure and exterior side setbac
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This will be a new home provided through the Texas General Land Office Homeowners Assistance
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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
piece of proper
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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
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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.
The applicant was present. Todd Dewalt, Director of Construction at Tegrity Homes, L.L.C.,
28310 Hollow Springs Lane, Spring, TX addressed the Board. He stated that they are looking to
stay within the original footprint of the home as much as possible, but have given some additional
leeway and that they will not go past the property line.
Further discussion followed concerning the porch landing.
Board Member Hillard moved to approve the request for a Variance to the minimum side yard and
rear yard setback requirements for a house as follows: the rear setback on the boundary of the lot
oppos
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, as requested in File PZ2023-182. Board Member Beaver seconded the
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motion. A roll call vote was taken. Chairman Timaeus- Aye, Board Member Beaver- Aye, Board
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BOARD OF ADJUSTMENT
June 1, 2023
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Member Hilliard- Aye, Board Member Rowe- Aye, Board Member Sorrell- Aye. The motion to
approve the request carried 5:0.
2)
File PZ2023-200: To consider a request for a Variance to the minimum front yard
setback requirements for a carport
Applicant: Calvin H. Cooper
Location: 5775 Sunbird Lane
Mrs. Josey presented the staff report. Calvin H. Cooper is requesting a Variance for the property
located at 5775 Sunbird Lane. He 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. Cooper, however, has an existing garage. The property is zoned RS (Residential Single-
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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
shall mean physical hardship
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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
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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, site plan and neighboring property were shown.
Twenty-seven (27) 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.
The applicant was present. Calvin H. Cooper, 5775 Sunbird Lane, Beaumont, Texas addressed the
Board. He stated that he wanted to add a carport for convenience and requested approval.
Discussion followed concerning the specifics of the request.
Board Member Beaver moved to approve the request for a Variance to the minimum front yard
setback requirements for a carport, as requested in File PZ2023-200. Board Member Sorrell
seconded the motion. A roll call vote was taken. Chairman Timaeus- Nay, Board Member Beaver-
Aye, Board Member Hilliard- Aye, Board Member Rowe- Nay, Board Member Sorrell- Aye. The
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BOARD OF ADJUSTMENT
June 1, 2023
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motion to approve the request failed 3:2.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:26
P.M.
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