The URL can be used to link to this page

Home My WebLink About04-04-24 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT April 4, 2024 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on April 4, 2024 and called to order at 3:14 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent: Board Member Tom Rowe Alternate Board Member Steve Lucas Also present: Elayna Luckey, Planner I Susan Smith, Recording Secretary Tyraan Albert, Zoning Technician APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes of the January 4, 2024 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 3:15 p.m. PUBLIC HEARING 1) File PZ2024-75: To consider a request for a Variance to the minimum side yard setback requirement for an accessory structure Applicant: Kima Lovett Location: 5410 Mcanelly Drive BOARD OF ADJUSTMENT April 4, 2024 $ Mrs. Luckey presented the staff report. Kima Lovett, is requesting a variance for the property located at 5410 Mcanelly Drive. This property initially received a building permit to construct a single-family home. A routine inspection was conducted March 12, 2024, it was noticed an accessory building was built without proper permits and as such a stop work order was posted. The applicant applied for an accessory building permit and the submitted survey revealed the MOOQ__\[^e!_`^aO`a^Q!cM_!\\XMOQP!,)+,i!R^\[Y!`TQ!QM_`Q^Z!_UPQ!eM^P!\\^\[\\Q^`e!XUZQ)!!!! The property is zoned R-S (Residential Single-Family Dwelling). Section 28.03.024(c)(17)(B) of the accessory structures to be located in rear or 8U`e!\[R!7QMaY\[Z`!8\[PQ!\[R!D^PUZMZOQ_!_`M`Q_'!g side yards and can be located as close as two and one-half feet from the rear or interior side lot . Therefore, the applicant requests the interior side yard setback to the accessory structure =<?7CL NQ!^QPaOQP!R^\[Y!,i0h!`\[!,i)! 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 \\UQOQ!\[R!\\^\[\\Q^`e!UZ!\]aQ_`U\[Z)!!gIZZQOQ__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! 2 BOARD OF ADJUSTMENT April 4, 2024 $ C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Fifteen (15) 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. Brief discussion followed concerning specifics of the request. The applicant was present. Kima Lovett, 5225 Wildwood Drive, Beaumont, Texas addressed the Board. He stated that an accessory structure was located on the property when purchased. Mr. Lovett further stated that the accessory structure has since been demolished with a new accessory structure constructed on the pre-existing slab. He also stated that he thought the permit he obtained for new construction on the property also included the accessory structure. Mr. Lovett further stated that the property was previously owned by the neighboring property owner. Further discussion followed concerning utility easements along the rear of the property and the side yard setback. Board Member Hilliard moved to approve the request for a Variance to reduce the minimum side yard setback requirement to be reduced from for an accessory structure for property ,i0h!`\[!,i located at 5410 Mcanelly Drive, as requested in File PZ2024-75. 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 Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve the request carried 5:0. 2) File PZ2024-76: To consider a request for a Variance to the minimum side yard setback requirement in the Neighborhood Design Overlay District Applicant: Daniel Dotson with Fittz and Shipman, Inc. st Location: 890 21 Street Mrs. Luckey presented the staff report. Daniel Dotson with Fittz and Shipman, Inc on behalf of st Craig Rupert, is requesting a Variance to a side yard setback for the property located at 890 21 Street. The property is zoned R-S (Residential Single-Family Dwelling) and located within the Neighborhood Design Overlay District, which requires a minimum side yard or _Q`NMOW!\[R!+*i!R exterior corner lots abutting a rear yard. The applicant is requesting the exterior side yard setback NQ!^QPaOQP!R^\[Y!+*i!`\[!+i!`\[!MXX\[c!R\[^!O\[Z_`^aO`U\[Z!\[R!MZ!MPPU`U\[Z!`\[!MZ!QdU_`UZS!SM^MSQ!MZP! construction of a covered patio. The proposed addition will tie into the existing garage that also _U`_!+)+0i!R^\[Y!`TQ!Qd`Q^U\[^!_UPQ!\\^\[\\Q^`e!XUZQ)! 3 BOARD OF ADJUSTMENT April 4, 2024 $ KD:7!AEBA@C7!@8!D:7!07<9:4@B:@@6! GQO`U\[Z!,2)*-)*,,!\[R!`TQ!8U`ei_!8\[PQ!\[R!D^PUZMZOQ_!_`M`Q_'! 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. h! 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 \\UQOQ!\[R!\\^\[\\Q^`e!UZ!\]aQ_`U\[Z)!!gIZZQOQ__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 Z\[`!^Q_aX`!R^\[Y!`TQ!M\\\\XUOMZ`i_!\[^!\\^\[\\Q^`e!\[cZQ^i_!\[cZ!MO`U\[Z_5! F) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. 4 BOARD OF ADJUSTMENT April 4, 2024 $ Seventeen (17) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. Slides of the subject property and site plan were shown. Brief discussion was had concerning location of the requested variance. A representative of the applicant was present. Don Burrell of Fittz and Shipman, Inc., 1405 Cornerstone Court, Beaumont, Texas addressed the Board. He stated that he represents the property owner, Craig Rupert. Mr. Burrell further stated that there is no site restriction of the street intersection. He also stated that the requested side yard setback runs parallel with Harrison Street and the design of the proposed structure will match the current structure. Board Member Sorrell moved to approve the request for a Variance to reduce the minimum side yard setback requirement to be reduced from +*i!`\[!+i!UZ!`TQ!CQUSTN\[^T\[\[P!9Q_USZ!DbQ^Xe!9U_`^UO`! to allow for construction of an addition to an existing garage and construction of a covered patio st for property located at 890 21 Street, as requested in File PZ2024-76. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-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 3:33 P.M. 5