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HomeMy WebLinkAbout01-04-24 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT January 4, 2024 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on January 4, 2024 and called to order at 3:00 p.m. with the following members present: Acting Chairman Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Alternate Board Member Steve Lucas Board Members absent: Chairman Dana Timaeus Board Member Joey Hilliard Also present: Elayna Luckey, Planner I Susan Smith, Recording Secretary APPROVAL OF MINUTES Alternate Board Member Jones moved to approve the minutes of the November 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 3:03 p.m. PUBLIC HEARING 1) File PZ2023-460: To consider a request for a Variance to the minimum rear yard setback requirement Applicant: Cornell Price Location: 2490 Liberty Avenue Mrs. Luckey presented the staff report. Cornell Price, requests approval of a Variance to the rear yard setback for the property located at 2490 Liberty Avenue. The property is zoned RCR-H BOARD OF ADJUSTMENT January 4, 2024 $ (Residential Conservation Revitalization- Historic), which requires a minimum rear yard setback \[R!,/i)!ITQ!M\\\\XUOMZ`!cU_TQ_!`\[!^QPaOQ!`TQ!YUZUYaY!^Q\]aU^QYQZ`!R^\[Y!,/i!`\[!+2i!`\[!MOO\[YY\[PM`Q! the construction of two (2) duplexes on the vacant lot. The property is located within the Oaks Historic District. The architectural design of the duplexes was approved by the Historic Landmark Commission on November 13, 2023. If the Variance is granted the applicant must then receive a successful Specific Use Permit to move forward with the project. 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 property in question. gJZZQOQ__M^e!TMZPUOM\\h!_TMXX!YQMZ!\\Te_UOMX!TM^P_TU\\! relating to the property itself. The following may also be considered when determining gaZZQOQ__M^e!TMZPUOM\\h4 (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; (ii) Compliance would result in a loss to the lot on which the structure 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 requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment 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 resul `!R^\[Y!`TQ!M\\\\XUOMZ`i_!\[^!\\^\[\\Q^`e!\[cZQ^i_!\[cZ!MO`U\[Z_5! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. 2 BOARD OF ADJUSTMENT January 4, 2024 $ Twenty-four (24) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and two (2) were received in opposition. Mrs. Luckey read the responses in opposition. One stated that since the property is in the Oaks Historic District, they would also like to see the drawings of the proposed structure and layout of parking, driveways, etc. The property owner also stated that they have heard the application says brick veneer, but the drawings indicate board and batten siding. The other property owner in opposition stated that they are concerned about the development of this lot. They also stated that they only want a single family dwelling developed, as per the code they have lived under since 1992. They further stated that they have two properties on this block and want to know what is being planned. Mrs. Luckey noted that the design and architectural feature have been approved by the Historic Landmark Commission. Slides of the subject property and site plan were shown. Brief discussion followed concerning the perimeter of the lot. Mrs. Luckey noted that should the variance be approved, the request for a Specific Use Permit will be required to be presented to the Planning Commission and City Council for consideration. The number and location of garages for each unit was also discussed. The applicant was present. Cornell Price of CMP3 Enterprises, 2635 Rigby Drive, Beaumont, Texas addressed the Board. He stated that proposed structures are two-story units with each unit having a one car garage. Further discussion followed concerning specifics of the request. Alternate Board Member Lucas moved to approve the request for a Variance to reduce the minimum rear yard setback requirement 18 for property located at 2490 `\[!NQ!^QPaOQP!R^\[Y!,/i!`\[!i Liberty Avenue, as requested in File PZ2023-460. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Acting Chairman Beaver-Aye, Board Member Rowe-Aye; Board Member Sorrell-Aye, Alternate Board Member Jones-Aye; Alternate Board Member Lucas-Aye. The motion to approve the request carried 5:0. 2) File PZ2023-479: To consider a request for a Variance to the minimum rear yard setback requirement Applicant: Brizo Construction for Albert Tompkins Location: 4250 Inez Street Mrs. Luckey presented the staff report. Heather Ellis of Brizo Construction on behalf of Albert Tompkins, is requesting a Variance to the rear yard setback for the property located at 4250 Inez Street. The property is zoned R-S (Residential Single-Family Dwelling), which requires a minimum rear yard setback Due to the size and shape of the lot, the applicant is requesting \[R!,/i)! 3 BOARD OF ADJUSTMENT January 4, 2024 $ the rear setback be reduced R^\[Y!,/i!`\[!+,i0h!`\[!MXX\[c!R\[^!O\[Z_`^aO`U\[Z!\[R!M!ZQc!T\[YQ!`\[!NQ!NaUX`! through the Texas General Land Office. 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 \\UQOQ!\[R!\\^\[\\Q^`e!UZ!\]aQ_`U\[Z)!!gJZZQOQ__M^e!TMZPUOM\\h! relating to the property itself. The following may also be considered when determining gaZZQOQ__M^e!TMZPUOM\\h4 (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; (ii) Compliance would result in a loss to the lot on which the structure 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 requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment 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 Z\[`!^Q_aX`!R^\[Y!`TQ!M\\\\XUOMZ`i_!\[^!\\^\[\\Q^`e!\[cZQ^i_!\[cZ!MO`U\[Z_5! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. 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. Slides of the subject property and site plan were shown. A representative of the applicant was present. Gene Dinelli of Brizo Construction, on behalf of property owner Albert Tompkins, 9100 Canniff Street, Houston, Texas addressed the Board. He stated that the property owner qualifies for a new home through the Texas General Land Office 4 BOARD OF ADJUSTMENT January 4, 2024 $ (GLO) Program. He further stated that due to the family needs, only one floor plan is available that will allow for construction on the lot. Mr. Dinelli also stated that the floor plan has been pre- approved by GLO. He further stated that the old home will be demolished to allow construction of the new home. Mr. Dinelli also stated that a garage will not be constructed as it is not allowed by GLO and any future construction of a garage will be the responsibility of the homeowner. Board Member Rowe moved to approve the request for a Variance to the minimum rear yard setback requirement r property located at 4250 Inez Street, as `\[!NQ!^QPaOQP!R^\[Y!,/i!`\[!+,i0h!R\[ requested in File PZ2023-479. Board Member Sorrell seconded the motion. A roll call vote was taken. Acting Chairman Beaver- Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones- Aye, Alternate Board Member Lucas-Aye. The motion to approve the request carried 5:0. 3) File PZ2023-501: To consider a request for a Variance to the minimum rear yard setback requirement in the Neighborhood Desing Overlay District Applicant: Jim Debes for Kevin and Sarah Talbot rd Location: 890 23 Street Mrs. Luckey presented the staff report. Jim Debes on behalf of Kevin and Sarah Talbot, is rd requesting a Variance to the rear yard setback for the property located at 890 23 Street. The property is zoned R-S (Residential Single-Family Dwelling) and located within the Neighborhood Design Overlay District, which requires a minimum rear yard _Q`NMOW!\[R!,/i)!ITQ!M\\\\XUOMZ`!U_! requesting the rear _Q`NMOW!NQ!^QPaOQP!R^\[Y!,/i!`\[!+*i!`\[!MXX\[c!R\[^!O\[Z_`^aO`U\[Z!\[R!MZ!MPPU`U\[Z!MZP! covered patio. The addition of the structure itself will be situated approximatel e!,2i!R^\[Y!`TQ!^QM^! \\^\[\\Q^`e!XUZQ'!T\[cQbQ^!`TQ!M``MOTQP!O\[bQ^QP!\\M`U\[!_QO`U\[Z!\[R!`TQ!_`^aO`a^Q!cUXX!NQ!_U`aM`QP!+*i!-h! from the rear property line. The purpose of the Neighborhood Design Overlay District, is to provide for the protection, preservation and design compatibility of buildings, sites and areas within the overlay district. More specifically this district has the following expressed purposes: (1) To encourage neighborhood conservation; (2) To stabilize property values; (3) To prevent the construction of building of a size and scale not compatible with the established built character of the district. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: 5 BOARD OF ADJUSTMENT January 4, 2024 $ 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 \\UQOQ!\[R!\\^\[\\Q^`e!UZ!\]aQ_`U\[Z)!!gJZZQOQ__M^e!TMZPUOM\\h!_TMXX!YQMZ!\\Te_UOMX!TM^P_TU\\! relating to the property itself. The following may also be considered when determining gaZZQOQ__M^e!TMZPUOM\\h4 (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; (ii) Compliance would result in a loss to the lot on which the structure 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 requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment 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 appli OMZ`i_!\[^!\\^\[\\Q^`e!\[cZQ^i_!\[cZ!MO`U\[Z_5! 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. Sixteen (16) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor or in opposition. A representative of the applicant was present. Jim Debes, on behalf of property owner Kevin and Sarah Talbot, 253 Manor Street, Beaumont, Texas addressed the Board. He stated that surrounding property owners that he contacted are in favor of the request. Further discussion followed concerning specifics of the request. Alternate Board Member Lucas moved to approve the request for a Variance to reduce the minimum rear yard setback requirement R^\[Y!,/i!`\[!+*i!UZ!`TQ!DQUSTN\[^T\[\[P!9Q_USZ!EbQ^XMe! 6 BOARD OF ADJUSTMENT January 4, 2024 $ rd District to allow for construction of an addition and covered patio for property located at 890 23 Street, as requested in File PZ2023-501. Board Member Sorrell seconded the motion. A roll call vote was taken. Acting Chairman Beaver- Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones- Aye, Alternate Board Member Lucas-Aye. The motion to approve the request carried 5:0. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:27 P.M. 7