HomeMy WebLinkAboutNov 2023 BOA Packet*AGE N DA*
BOARD OF ADJUSTMENT
City Council Chambers, City Hal
801 Main Street, Beaumont, Texas
Public Hearing
3:00 p.m.
The meeting will also be broadcasted on the City's YOUTube channel:
https -//www.youtu be.com/ch annel/U CnY6nN k8zfXZu I MglzbwE
*A
(3 E N D A *
Pni i rai i
APPROVAL OF MINUTES
Approval of the minutes of the meeting held September 7, 2023.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File PZ2023-417: To consider a request for a Variance to the minimum side and rear yard
setback requirements.
Applicant: Hector Torres
Location: 1507 Fannin Street
2) Toconsider arequest for aVariance tothe Urban Corridor Sign
Requirements for apole sign.
Applicant: Alain Hi|ario forZO^N Investments LLC
Location: 1495 Gulf Street
�j File PZ2023-428: To consider a request for a Variance to the minimum rear yard setback
requirements.
Applicant: Douglas Winfrey Custom Homes for Robert K4 Core
OTHER BUSINESS
Persons with disabilities who plan to join this meeting and who may need auxiliary aids or
services are requested to contact Ka|trina M|nickaL4O9'88O-3777.
"MINUTES
BOARD OF ADJUSTMENT
September 7, 2023
Council Cliambei-s, City Hall, 801 Main Sh-eet, Beaumont, Texas
A meeting of the Board of Adjustnient was held on Septeniber 7, 2023 and called to order at 3:05
p.in. with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Joey Hilliard
Board Men-iber Tom Rowe
Item to Board Member Chris Jones
Alternate Board Member Steve Lucas
Board Members absent: Board Member Rogers Sorrell Jr.
Also present: Elayna Luckey, Planner I
Shame Reed, City Attomey
Susan Smith,, Recording Secretary
APPROVAL OF MINUTES
Alternate Board Member Jones moved to approve the minutes of the August 3, 2023 ineeting.
Board Member Rowe seconded the motion. The motion to,,approve the minutes carried 5:0.
SWEAIRJNG IN OF WITNESSES
All witnesses were sworn in at 3:07 p.m.
PUBLIC HEARING
1) File PZ2023-344:
Applicant:
Location*.
To consider a request for a
setback requirements
Donald Wise
3 8 5 5 5 Jerry Drive
Variance to the minimuin front yard
BOARD OF ADJUSTMENT
September 7, 2023
Mrs. Luckey presented the staff report. Donald Wise of Wise Investment Real Estate, LLC, is
requesting a variance for the property located at 3855 Jerry Drive. The property is zoned R-
I esidential Single -Family Dwelling) requiring a minimum front yard building setback of twenty-
five (25) feet. The applicant is requesting the front setback be reduced to twenty (20) feet. Due to
the unique dimensions of the lot, the proposed structure is situated at an angle leaving one side of
the proposed home 20' from the front property line, and the other side 37'9".
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 iumccessary 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 handicap" shall mean physical hardship
relating to the property itself. The following may also be considered when determining
�(uruieccssary handicap":
(i)The cost of compliance with the zoning ordinance is greater than fifty (50) percent
of the appraised value of the structure as shown on the most recent certified appraisal
roll;
(1i) Compliance would result in a loss to the lot on which the struCtUrc Is located of at
least twenty-five (25) percent of the area on which development may physically occur;
(iii) Compliance would result in the structure not in compliance with a requires -lent of
another city ordinance, building code, or other requirement;
(iv) Compliance would result in the unreasonable encroachment on an adjacclit.
property or easement; or
(v) The city considers the StrUCtUre to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship must
not result from the applicant's or property owner's own actions;
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.
Brief discussion followed concerning specifics of the request.
2
BOARD OF ADJUSTMENT
Septeiiiber 7,2023
Twenty-diree (23) notices were mailed to property owners within two hundred (200) feet of the
su�ject property. Zero (0) responses were reccived in favor or in opposition. Mrs. Luckey stated
that a couple of phone calls were received resulting with no objection to the request.
The applicant was present. Donald Wise of Wise Investment Real Estate, LLC, 2261 North Street,
Beatimont, Texas addressed the Board. He stated that the variance is being requested due to the
slanted nature of the lot which limits the marmer in which the structure can be constructed and was
not originally aware that the setback would pose a significant problem. Mr. Wise further stated
that the decision was made to place the home facing Jerry Drive to coincide with the two existing
homes on the street and to present curb appeal in order to enhance the neighborhood.
Further discussion followed concerning shape of the lot and that the request would result in no
cneroachiiients on utilities.
Board Member Hilliard moved to approve the request for a Variance to reduce the minimum front
yard setback requirements from 25' to 20' for construction of a new home on property located at
3855 Jerry Drive, as requested in File PZ2023-344.
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, Alternate
Board Member Jones -Aye. 'I"he motion to approve the request carried 5:0.
2)
File PZ2023-352:
To consider a request for a Variance to the Major, Doivlen,
Gladys, Highway 105 Sign Overlay District regulatiODS for a
sign
Applicant.- Matt Drew
Location: 5765 N. Mclior Drive
Mrs. Luckey presciited the staff report. Matthew Drew of County Sign and Awning, LLC., requests
approval of a Variance to allow a thirty-one (3 1) foot pole sign for a bank at 5 765 N. Major Drive,
which is located within the Major, Dowlcn, Gladys, Highway 105 Sign Overlay District. This
overlay district is more restrictive to the size, type and location of signage allowed within it Nvlicn
compared to other parts of the City. Areas within it are recognized as major growth areas and is
therefore intended to provide identity of facilities along the streets and prevent needless clutter
within the area through uniform signage. Furthermore, it serves to preserve and in-tprove the
physical environment of the city and promote safety, welfare, convenience and enjoyment of travel
and the free floe of traffic along streets within the area.
Section 28.03.021 (5) (A) states that "'Single -tenant bu.iness establishinents.- (i) Develol-nnents
ii)ilh less thou eighlj� thousand (80, 000) squcti-eftel in gross building cirect shcill be periniftecl one
(1) clelache(l 7nom6 nent sign per sireelfi-onloge that cibuts the jji-olwrlj� Dei)elol_)Inent.� 1-141h eighty
tho uscind (80, 000) squctre feet ofgross b itilding career or greater oi- demlopinents i,i7ifh six h um-Ired
(600),feet or i)ioi-e qf sireeffi-onoge shall be 1)ernfilted fivo (2) clelached signs I)er street.fi-ontuge
3
BOARD OF ADJUSTMENT
September 7, 2023
that abuts they riop ri
(ii) Thesign se sishall be perinitted subject to the .161101.1�ing conclitions an(I rest rictions.-
a. The sign shall not be greater than six (6) Pet in height, the inaxinnnn height being
ineasureclfi-ow tit?en))-fbur (24) inches aboi)e the curb height ac�jacenl to the pro] er1j).
b. The sign shall not exceed sei7enj0) sqiiareft;-el in arect ii4th the si 1glifiacing not Io
exceedsixty (60) squarefieet.
c. All parts oj'the sign inaji be located at the s1reel right -of ii)ay and shall be located a
n-nninmin offen (10).Petftow ai�y otherproperty line.
cl. The sign shall not reiyoh)e on rotale in aiiy inanner nor shall it hcnr ej flashing lights or
anY type ofinteriniffent iffinninalion, exeept is alloi-i7ect beloi-il:
1. Electi -on ic signs shall riot be pern i itted, except as aj 7 attach in ent to on 4 (1 pall of a
c1clached on-prennses sign.
2. The si i face jnqj� change no wore than once ei�eryfiony-
P., fh�e sccnly.
3. The sign.ffice shall not include an ).flashlng, floi.Ong, allei-nating or blinking
lights or. aninlation.
4. Electronic is that are part qfa- detached ors -]-)i4eii7i.ye,y.yigli,shctlI he allmiled to
hai7e inulliple colors.
5. A s in cas ui -cd at the propery line, the inax hn uni 4gh I e ii ianat io n fi -oni a .sign shall
be no greater than 0.2.1botcandles.
e. The sign shall weet the 1-twid loacl requirenients of the bullcling code.
f The sign shall be placed in a landscaped setfli ?g Q/ 'not less than one hun(Ired
I
(120) squareftet."
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 bc contrary to the public interest;
B) That literal enforcement of the ordinance will result in urmccessary 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. "Unnecessary handicap" shall mean physical hardship
relating to the property itsclf. Thc following may also be considered when determining
4r.unnecessary handicap":
(i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent
of the appraised value of the structure as shown on the most recent certified appraisal
roll;
0
BOARD OF ADJUSTMENT
September 7, 2023
(ii) Conipliance would result in a loss to the lot on N-,%rhich the structure is located of at
least twent)7-five (25) percent of the area on which development may physically occur;
(iii) Compliance wotild result M the structure not in compliance with a requirement of
another city ordinance, building code, or other requirement;
(iv) Compliance would result in the unreasonable encroacliment on an adjacent
property or easement; or
(v) The city considers the structure to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship must
not result from the applicant's or property owner's own actions*,
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.
Eight (8) notices were mailed to property owners within two hundred (too) feet of the subject
property. Zero (0) responses were received in favor or in opposition.
Mrs. Luckey quoted the sign ordinance relating to the request.
Brief discussion followed concerning boundaries of the Sign Overlay District and Mrs. Luckey
stated that the Sign Overlay District ordinance was originally adopted in 2000.
The applicant was present. Matthcw Drew of County Sign & Awning, LLC, 430 West Deer Street,
Kountze, Texas addressed the Board. He stated that the sign is being requested by Neches Federal
Credit Union. Mr. Drew also stated that the pole sign is the same signage erected at their recently
constructed branch locations and the Credit Union wishes to maintain its current architectural style.
He further stated that the Credit Union is willing to relinquish the proposed monumental signs in
favor of the proposed pole signage. Mr. Drew named other businesses in the general area with the
same style of pole signagc and he further stated that most other credit unions in the area utilize
monument signage. Mr. Drew also stated that Neches Federal Credit Union wishes to use the pole -
type signage in order to ensure that its customers remain familiar with their structural appearance.
Mrs. Luckey explained that, according to the ordinance, sign regulations for gasoline retailers on-
premises/pricing board signs differ from sign regulations for single -tenant business
establishments. Further discussion followed concerning location of the requested sign on the
property.
BOARD OF ADJUSTMEN"I"
September 7, 2023
Board Member Rowe moved to deny the request for a Variance to the Mclior, Dowlen, Gladys,
Highway 105 Sign Overlay District regulations fbr erection of a thirty-one foot (3 P) sign for
propert), located at 5765 N. Major Drive, as requested in File PZ2023-352.
Board Men-ibcr Hilliard seconded the n-totion. A roll call vote was taken. Chairman'llmacus-Aye,
Board Member Bcaver-Aye, Board Member Hilliard -Aye, Board Membcr Rowe -Aye, Alternate
Board Mcinbcr Jones -Aye. The motion to deny the request carried 5:0.
OTHER BUSINESS
None.
THERE BEING, NO FUIZTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:27
P.M.
z
DATE: November2,2023
TO: Board ofAdjustment
FROM: ElavnaLuckey Planner
SUBJECT: To consider a request for aVariance tothe minimum side and rear yard setback
requirements.
FILE: PZ2023~417
HactorTorres brequesti ngaVa riance to the side ya rd andrearya rd setba ck for ama|nstmctu re at1507
Fannin Street. The property is zoned as RCR (Residential Conservation Revitalization) which requires a
minimum side yard setback of 5-' and a minimum rear yard setback of 25" for a main structure. The applicant
reqUests the exterior side yard setback to be reduced from 15' to 3".. the interior side yard setback to be
reduced from S' to Z.S' and the rear yard setback to be reduced from 25' to 4.5' Originally, this property
received anapproved driveway permit. However, staff performed afield inspection and realized the
accessory structure was being converted into a second dwelling without perni Its. 1tshould benoted, two (2)
dwelling units on one property is permitted outright in this zoning district given the structure meets
rninimum setback requirements or receives a successful Variance for the project to move forward.
Theapp|1ca ntshaUhave the bu rdenofproof to derno nstrate1hat aUth ree co nd itions necessa ry fora pprova|
have been met-
N That the granting of the Variance miUnot becontrary to the public 1ntere�
8\ That D1ena|enforcement ofthe ordinance will result lnunnecessary handshipbecauseof
exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional
physical situation or hardship physical condition unique to the specific piece of property in
quest]on. °Unnecessaryhandicao"shaUmeanphvs1ca|ha rdshipne(atingtothcpro perty|tseIf.
The following may also be considered when determining "unnecessary handicap":
0The cost of compliance with the zoning ordinance is greater than fifty B0percent of the
appraised valUeof the structure as shown on the most recent certified appraisal roll;
(ii)[ompliance would result 'In aloss to the lot on which the structure is located of at least
twenty-five OBpercent of the area on which development may physically occur;
(iii) Compliance would result in the structure not in compliance with a requirement of another
city ordinance,, building code, or other requirement;
(h)[ompUanoevvouNzsuh|niheunreasonableencnoachmenLonanadacentpropertyor
easement; or
(v) The city considers the structure to be a nonconforming structure.
�d����f�ohar����i������m��ce,and the hardship must not result
[1 That by granting the Variance, the spirit of the ordinance will be observed and substantial justice
will be done.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 22 -
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Be|ng1heNoMh1OO ofLot 1,Block G3 VanWorm erAddition,Bea umont,]effersonCoun1y Texas,
containing O.1l5acres, more orless.
GENERAL INFORMATION/PUBLIC UTILMES
PROPERTY OWNER:
FLOOD HAZARD ZONE:
.SURBOUNDING LAND USES:
Hector Torres
Hector Torres
1SO7Fannin Street
R[R(Residential Conservation Revitalization)
~0.115acres
Residential
X—Areadetenn|ncdLobeoutsNe the 5OD-
yearflood plain
-SURROUNDING ZONING:
NORTH: Commercial L|(Light Industrial)
EAST: Commercial RCR
SOUTH: Commercial RCR
WEST, Commercial RCR
COMPREHENSIVE PLAN:
WATER:
SANITARY SEWER SERVICE:
Conservation and Revitalization
Fannin Street — Local Street with a7G'dght'of-wayand
I9`pavement width.
Avenue B— Local Street with a GO' right-of-way and I9^
pavement width.
Open ditch
3"water line ofFannin Street.
6"Sanitary Sewer line onFannin Street.
PROPERTY OWNER NOTICES SENT WITHIN 2001
LUDO BROTHERS CONSTRUCTION
LLC
ANDRUS M R
TORRES HECTOR
SANTOS JllAN ALEJANDRO TORRES
GUTI[REZ MARINA
ORDAZJOSE MANUEL
RUEDA DANTE T
CERVANTES CATALINA &
LOPEZ MARTIN RODRIGUEZ &
BI.AZEK DIANE O
MAGDALENO PETRA
VALENZUELA MARTFfA MATIL.DE. (TD)
LOPEZ MARY &
SANTOS JUAN ALE.lAiVDRO TORRES
UNKNOWN OWNER
RAMIREZ ROBERT & CANQYS 1.
SANTOS OLGA TORRES
SANTOS OLGA TORRES
SANTOS OLGA TORRES
LEDESMA DIANA G
MOTH MIGUEL & TERESA
ORDAZ HUMBERTO & VENANCIA
BEAVMONT
Planning & Community Development
Case Type.Planning and Zoning
Case Status: REVIEW
Case Sub Type: Variance
Tag Name: approval for permit
Case #: PZ2023-417
Initiated On: 1015/2023 2:57:21 PM
Location: 1507 FAH IN ST, BEAUMONT, 77701
Individuals listed on the record:
Applicant
hector torres
Home Phone: 4093512439
1507 Fannin
Work Phone:
beaurnont, TX 77701
Cell Phone: 4093512439
E-Mail- yanirat3@gmail.com
Agent
hector torres
Home Phone: 4093512439
1507 fannin
Work Phone:
beaurnont, TX 77701
Cell Phone:
E-Mail: yanirat3@gmail.com
Property Owner
hector torres
Horne Phone: 4093512439
1507 fannin
Work Phone:
beaumont, TX 77701
Cell Phone:
E-Mail- yanirat3@grnaiI.corn
Legal Description
Type of Variance: Variance
That the granting of the variance will
not be contrary to the public interest
That literal enforcement of the
ordinance will result in unnecessary
hardship
That by granting the variance, the
spirit of the ordinance will be observed
and substantial justice will be done
Notes:
no not affect neighbors
no will not affect
yes will be obsQrved of the ordinance
Case Type: Planning and Zoning Page I of I
Case 4: PZ2023-417 Printed On: 10/6/2023
H<-Cto r ion y ea
1 S� 0 -1 0:Pqn )', ()
f--6-e, oLLLmon+ IY
--l-I -�Lo I
I�aurn6r",i"
�OI.L,-Y c��t��.lc.l -��� 0.
reCl�es-E- o-F c�., '�2rr.�,'!'
Srr, «tl 1tio�e
-F;�r our c�IdeS-F ��� Son So �ne�
Can au-e, o,,.- vo, C e -Fa live close
oyl� c�ra�c�mo-�,�r r�r�d grand-FcIA"-er
�1�2s-fee-l� a�a� r�e�c-� dooms c�r�d
l�.r�ca25 11� 2 S aC.r'o55 -i'1�2 $�Ye 2'F' 0.5 W el I
my son LOartts +o Y3,C Close
beef-\ ubCA, n-E,Cyj -lo bU-i l A
Sorv\e.Loh,e,,c,e, 40 V06 S I Ince, one. 'jll-Y1f12U
have -�rd5 auck,0abie
-jr�-FtniSh his home. C.nd V4h �Wl�
high CoS'1" trF � now ii- wc�v_ld
1ne\p Y�km alo+ �Ra dully \autkno
4\�m k lace -}o caul vws own
I. too�.�td o��eU_-4-1� ca`��reciu-te
40u, OQC
Since��,
HeL-For `j'o�reS
con.-t-G�Ci' 'L+V(.
ya�:ra —fo�fes - q3Sc7.
I-Z�3q
�v,,.ca�1 s_ �an1C'w-h3�rv�ci�I. Cyr.+
PioinL for Corner
NGAIN TEV30 SURVITrg
Atowkrrack No. 01
7affstroon QwMy➢ a�ra�
Lot I
Called — 50,00) 6`16'57"W50.04'
Lot 2
0 10 20
Point for MM%Pl J
Corner 3 G A L E
>1
Single
for Y
qb
3r- 1
Lo A Residence
Lot 2
C.
Building Setbalk
Wooden Building
on Plers
0 9.4!
(Not Attached to
0
1,
1
6 Adjacent BuildIng)
P�
CD;
40
, W
C� 0
-D iJ
2 Story
Ln I
Q)
r.
Residence 0
>
LO
CD
Wooden Fence
101
•2.5f3ujIdin'g ..Se.tb'Qck
1/2 " Iron Rod Found
1/2" Iron Rod Found
N 46'18'57'1 E �0-0-lf
Fannin Street
I IL (Called — 60' Wide R.O.W.)
Q t Q'5 -,
1. This survey wos performed end this plot %vas prepared without the benefit of a Title Commitment.
2, This property has direct access to and from a publicly dedicated roadway unless shown otherwise, hereon.
3. All bearings iii-MiGlUted hereon ure bused on the State Plane Coordinate volues — South Central Zone 4204.
4. A 7.5 foot building setback shell be required for buildings velth two or more storlos, -
1, Mitche-11 Lee Brackin, Texas Registered Professional Lond Surveyor No. 5163. do hereby certify that this plot
reflects an actual survey made on the ground and oQcQrding to low and that the 11mits, baundarie:5, and
corners are truly described just as I found or set them. Given under my pond and sea[ on August 16, 2022.
The subJect tract being described as:
OFrl+" ?
North 100" Lot 1, Block 53 of f-he Van Wormer
% -7
Addit'lon of record In Volume 1, Page 16 of
X
the Vap Records of Jefferson County, Te UU.
-.--2 ...........
Subject Property locoted [n Flood Zone-
Mitchell
1 0 P I b 1 0 Lee Brb& d W 6 1 6 0 W r 0 0 0 W 6 W�
Community Panel No. 485457 0020 C
<1 5163
FIRM bated. 08/06/2002
F'E S
S
M-Itchell LeerBrackln
Drawn By. BTG
Registered Professlonal Land Surveyor No. 5163
Q:\PROJ7-CTS'\22OD3 kjiscelfanuoLJ4 -'3W-VdY3\2-2GT5.U1T5 -- 1.507 Folinin Street \Drawlng3\2-2003.0115-SV-BDRY.dwg Aug 16, 202?, 04-.2apm
-PMJ-M--1140.
SHT. NO.
PROJECT
NAM E: arllr T-orres
Sl'-
C"nmdfing &Win"n and L-cm d Any)va
I(D
1607 rannin Street
14115 CORNERSTONE COURT, U:AUMONT, TEXAS
Beaumont, Texas 77701
PROJECTNO..
PH (40 9) a 32-72 313 FAX (4 09) 1332,73 0 3
8, F] R M 410 6
T.8 . R E. FIRM 41160 * TX .018
COPYRiGH F 2022 F-1 T TZ 1 swwq' INC. DAAiig 16,2022
22003.0116TE:
it PZ2023-417: To consider a request for a Variance to the minimum side and rear yard
setback requirements.
Applicant: Hector Torres
Location: 1507 Fannin Street
0 100 200
M
-1 Feel.
DATE: November 2. 202-3
TO: Board of Adjustment
FROM: Elayna ILLIckey, Planner I
SUBJECT: To consider a request for a Variance to the Urban Corridor Sign Requirements for a pole
sign.
FILE: PZ2023-427
TAFF RFPORT
Alain Hilaro is requesting a Variance on behalf of the property owner., Z&N Investments) LLC, to allow a 30'
multi -face pole sign at 1495 Gulf Street. This property is located within the Urban Corridor Overlay District,
which has more restrictive sign regulations for properties within the district than other properties within the
City. Section 28.03.020(4)(C) states%
11 On e (1) detached on -premises sign, and one (1) addition of detached sign for each thoroughfare more than
one (1) that abuts the property, shall be permitted per establishment, located in the NSC, GC -MD, CM, Li and
HI Districts subject to the following conditions and restrictions
(i) The sign shall not be greater than twenty (20) feet in height. The maximum height being measured
from the point established by a perpendicular' line connecting the crown of the roadway imin edict tely
abutting the property on which the sign is to be installed with the sign- s nearest vertical support to
the property line.
(H) The sign shall n o t exceed sixty (60) square feet in area.
(M) All parts of the sign shall be set bock at least ten (10)feet from any property line or street right-
of-way. Where a structure existing at the effective dote of this section precludes locating a sign in
co mp Hun ce with the setback regulations, the board of adjus tm en t shall be authorized to grant a
variance to the setback requirement.
(iv) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square
feet.
(y) The sign not revolve or rotate in any manner nor shall it have flashing lights or any type of
intermittent illumination, except as allowed below:
a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a
detached on -premises sign.
b. The sign face ro ay charge no more than once every forty-five (45) seconds.
c. Sign face shall riot include any flashing, flowing, alternating
or blinking lights or Im an * ation.
d. Electronic reader board signs that are part of a detached on -premises sign shall be allowed to have
multiple colors,
e. As measured a t the property line, the ma imum lig h t emanation from a sign shall be no greater
than 0.2footcandles.'
Alain H|laro'sproposed sign measures m30'inoverall height and features two 50 sq.ft.detached on -
pre ni ises signs olu,s a lOO so.ft gasoline phdngshgn resuhing \n p tota> of ZUO sq]t 1n sign area. Those
measurements exceed the maximurn overall sign height and square footage in sign area for a property
located within the Urban Corridor Overlay District.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval
have been met:
EA That literal enfonemeniofLheordnoncewiUzsuhinunnecessaryhardshipbecauseof
except)ona|narrowness, shalowness, shapetopography orother extraordinary orexceptional
physical situation or hardship physical condition unique to the specific piece of property in
question. "'Unnecessary handicap" shall rnean physical hardship relating to the property itself.
ThefoUom1ngmayabobecons/deredwhendeierm|nlng"unneceasaryhand|cao"c
(i)Thecost ofcomo|iance with the zon1ngordinanceis8reaterthanfUftv(SO) percelit ofdhe
appraised value of the structure as shown on the most recent certified appraisal roll;
UUCompliance would result inaloss to the lot on which the structure blocated of at least
twenty-five (25) percent of the area on which development may physically occur;
(iii) Compliance wou . Id result in the StrUCtUre not in compliance with a requirement of another
city ordinance, building code, or other requirement;
(iv)Compliance would result inthe unreasonable encroachment ooan adjacent property or
eaaement;or
MThe city considers the structure tobeanonconforming structure.
Asdistinguished from ahardship relating toconvenience orca ' and the hardship mustnot result
frorn the applicant's or property owner's own actions;
C) That bvgranting theVadanoe,dhesp1htoftheord|nancevWUbeobservedandsubstantia|]ustice
will bedone.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed toproperty owners _'7__
Responses in Favor , Responses in Opposition
LEGAL DESCRIPTION
Being Tract D,Block S, McFadd|nRTSAddition, Beaumont, Jefferson County, Texas, containing 0.534
GENERAL INFORMATION/PUBLIC UTILITIES
PROPERTY OWNER'
EXISTING ZONING:
SURROUNDING LAND USES:
NORTH6 Freeway
EAST: Commercial
SOUTH: Commercial
WEST: Commercial
COMPREHENSIVE PLAN:
DRAINAGE'
WATER:
SANITARY SEWER SERVICE:
Ala(nH1ksho
Z@N Investments
1495 Gulf Street
L|(Light Industrial)
~0.534acres
Commercial
X—AreadeterminedtobeoutddeiheSOO'
yearfloodp\ain
SURROUNDING ZONING:
Not Applicable
U
U
Conservation and Revitalization
Interstate Highway 10 —Freevvaywithvaryingright-of-
way and va'ngpavementwidih.
Gulf Street — Major Arterial-Urbenvvitha6O`hght'of-
way and 40' pavement width.
Curb and Gutter
1Z"water line onGulf Street.
PROPERTY OWNER NOTICES SENT WITHIN 2001
ENDARI JSEPH TANNUS
MG READ. PR PERTJES LTD
MCDONALD'S CORP
HARVEY SI D
ANDREPNT RSSEL'L
MG REAL PROPERTIES LTD
ENDARI JSEPH
INTMRWA Office: 713-437-9612
Fax: 866-551-1966
SIGNAGE - PRINTING - GRAPHICS yNw.prmlorama.us
450 0 VV3 4t h St Suite B I Houston, TX 77092
October 111, 2023
To Planning & Community Development
To wham it may concem;
To whom it may concern; As the Sign representative for Z&N Investments LLO this fetter Is to formally request that a variance be
granted for the project #BP2023-7621
I understand that our project location falls under the new urban corridor sign overlay and that its guidelines require that our proposed
sign be adjusted down in size, however it is my believe that this will significantly hurt our clients business as It will Impact the visibility
of their Gas Station Sign as vie][ as make it nearly impossible to compete with the neighboring businesses whIch all happen to' have a
much larger sign and thus greater visibility. I Nyould also like to mention the majority of their clientele is expected to come from the
1-10 Freeway whIch is why the signage size apd its visibility will be detrimental to their business.
For those reasons I hope you can consider granting this request.
Should you have any questions I can be reached at 713-966-0814
Sincerely, Alain Hilado Print-O-Rarna
3op on
K)
bL
11F-L
m
9 1 C, 1>
a
m
rn
;"D C, >
0
p
Purl
m
tA
rn
I"
PO
La
-!4
O
elp
cx
cr
P"$
M
CL
nL
k<
0
I
0
Ur
TF
n
0
ul
z
0
�l
r+
:r
if
CD
3
File PZ2023-427.: To consider a request for a Variance to the Urban Corridor Sign
'Requirements for a pole sign.
jApplicant: Alain Hilario for Z&N Investments LLC.
Location: 1495 Gulf Street
0 100 200
Feet
IV
. . . . . . . . . . . . . . . . . .
RES,
aw
rim
H;
DATE: November 2, 2023
TO: Board ofAdjustment
FROM: ElawnaLuukey Planner
SUBJECT: To consider a request for a Variance to the rear yard setback requirements.
FILE: PZ2023'428
DouglasW|nf rey Custom H om es on beh a If of Robe rt Co re, brequestingaVa rianceto therearya rd setback
for the property located at9275Chicory Street. The property iszoned R- (Rcs|dentia|3ingle'FamUy
DvveU|nR[which requires aminjmumrear yard setback 2S'.The applicant isrequesting the rear setback be
reduced from 2_5' to 7' to accommodate an extension of the home owner's garage.
The applicant shall have the burden ofproof to demonstrate that all three conditions necessary for approval
have been met:
A) That the granting of the Variance will not becontrary to the public interest;
BJ That literal enforcement of the ordinance will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional
phys\ca| situ ation or hardship phvsicaI con d\t|on uniqueio ihe specUlc piece of property in
question. "'Unnecessary handicap"" shall mean physical hardship relating to the property itself.
The following may also be considered when deterni in ing "'unnecessary handicap":
(UThecost of compl|ance with the zon|ng ord inance is greater thmnf ifty(50)pe rce nt of the
appraised value ofthe structure asshown oil the most recent certified appraisal roll;
(ii){omp|iance would result |naloss to the lot on which the structure blocated of at least
(25)percent ofthe area onwhich development may physically occur;
(Iii)Comp|iance would result |nthe stmcture not in compliance with a requirement of another
city ordinance, building code, or other requirement;
(iv) Compliance WOUld result in the unreasonable encroachment on an adjacent property or
easemem;or
(v)The city considers the structure tobeanonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship must not result
from the applicant's or property owner's own actions;
C1 That by granting the Va ria nce, th e spirit of the ordina nce will be observed and su bistantial justice
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed ioproperty owners _22__
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being all ofLot I,Block 2Q The Meadows Phase Two West Addition, 8eaurnont,Jefferson County, Texas
conbyiningU.23O acres more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Douglas Winfrey Custom Homes
PROPERTY OWNER: Robert Core
LOCATION: 9275 Chicory Street
EXISTING ZONING: RS (Residential Single Family)
PROPERTY SIZE: —0.239 acres
EXISTING LAND USES: Residential
FLOOD HAZARD ZONE: X — Area determined to be outside the 500-
year flood plain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential RS (Residential Single Family)
EAST: Residential RS
SOUTH: Vacant RS
WEST: Residential RS
COMPREHENSIVE PLAN: Low Density Rural Areas
STREETS: -Chicory Street — Local Street with a 50' right-of-way and
25' Pavement width,
West Sage — Local Street with a 50' right-of-way and 25'
pavement width.
DRAMAGE: Curb and gutter.
WATER: 611 water line on West Sage.
SANITARY SEWER SERVICE: 6;1 sanitary sewer line on Chicory Street
PROPERTY TY OWNER NOTICES SENT WITHIN 200'
TfAN TIC I E N
ELVES FRANK
BOUNDS ELLIOTT GAI L
HALT. LESLIE & KAEN
REDEEM CONSTRUCTION
MCKMGHT JAMES
BURNS I ELLEY M & } EVIN M
BIAI L ELLIS & TAM I NA
JBA HOMES CONSTRUCTION LLC
JBA HOMES CONSTRUCTION LLC
JBA HOMES CONSTRUCTION LLC
JBA HOMES CONSTRUCTION LLC
HUSTON PROPERTIES LLC
JBA HOMES CONSTRUCTION LLC
JBA HOMES CONSTRUCTION LLC
JBA HOMES CONSTRUCTION LLC
MENDIETA MARIA SANCHE
STUTES TROY
SPANKS JAM ES VIA III & K ISTIN VAN NETT
HIX JAMES A & LINDSEY G
SUGGS SI D N EY JAM ES & PATSY P
BAMSEY NEVA CAROL
B EAu M O N T
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Variance Tag Name: Variance for construction of garage
Case #: PZ2023-428 Initiated On: 10/1212023 10:12:01AM
Location: 9275 CHICORY ST, BEAUMONT, TX
Individuals listed on the record:
Applicant
Douglas Winfrey Custom Homes
277 18th Suite 2
Beaumont, Tx 77706
Property Owner
Home Phone: 4093507748
Work Phone:
Cell Phone: 4093507748
E-Mail: jwinfrey@americanrealestate.com
Robert M Care Home Phone: 4093511409
9275 Chicory Work Phone:
Beaumont, Tx 77713 Cell Phone: 4093511409
E-Mail: rcorel@aol.com
Legal Description
Type of Variance:
That the granting of the variance will
not be contrary to the public interest
That literal enforcement of the
ordinance will result in unnecessary
hardship
That by granting the variance, the
spirit of the ordinance will be observed
and substantial justice will be done
Notes:
Gase Type, Planning and Zoning
Ease M PZ2023-428
LOT 1 BLK 20 THE MEADOWS PHASE TWO WEST
Variance
No
yes
yes
Page 1 of 1
Printed On: 10/12/2023
October 10, 2023
Re: Request for Easement Variance for Residence
9Z75 Chicory Street
Beaumont, Texas 77713
To Whom It May Concern:
am seeking a variance regarding the easement on the above referenced
residential address.
I am requesting the variance to be, able to add a third car garage and
storage floor to my existing residence.
Thank you for your consideration.
Sincerely,
Robert M. Core
a
16 jig
IL
I It
Alf I
0 0 Ltj
Fm
71
22 .1
It
u K
0, g
C)
0.
LL
HUM
74
LL
File PZ2023-428: To consider a request for a Variance to the minimum rear yard setback
requirements,
Applicant: Douglas Winfrey Custom Homes for Robert M Core
Locafion: 9275 Chicory Street
100 200
n+
I FeQL