HomeMy WebLinkAboutJune 2024 BOA Packet*AGENDA*
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BOARD OFADJUSTMENT
City Council Chambers, City Hall
801 Main Street, Beaumont, Texas
Public Hearing
3:OOp.nn.
The meeting will also be broadcasted on the City's YouTube channel:
https:Z/www.youtube.com/c-hannel/UCnY6nNk8zfXZuiMglzbwEBg
*A G E N D A *
Pni i rAi i
APPROVAL OF MINUTES
Approval of the minutes ofthe meeting held May 2� 3024.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1)File :Toconsider proposed amendments toChapter Z8.Section
Z8.O2.005(3)/B\ofthe Code of Ordinances.
Applicant: City ofBeaumont
71File -Toconsider arequest for aVariance tothe minimum side yard setback
requirements in a residential zoning district.
Applicant: Laqu|ntaC5reen
Location - 283OSan Antonio Street
qJFile :Toconsider arequest for aVariance tothe minimum rear yard setback
requirements in a residential zoning district.
Applicant: Rolando[arba'a|
Location: 4l75Ironton Avenue
jjFile :Toconsider erequest for aVariance tothe minimum side yard setback
and pavement setback requirements inacommercial zoning district.
Applicant: Richard [)a|eoand Chris Da|eo
Location: 5B75Highway lO5
5) Toconsider arequest for aVariance tothe maximum building height
requirements for an accessory building in a residential zoning district.
Applicant: Tate Floyd
Location: 442OCalder Avenue
OTHER BUSINESS
0�U0xW�N0��
Persons with disabilities who plan to join this meeting and who may need auxiliary aids or
services are requested to contact Kabr|na x41n|ck at4O9-88O-3777.
*MINUTES*],
B0A1;W OF ADJUSTMENT
May 2, 2024
Council Chain bei-s, City Hall, 801 Main Street, Beaumont, Texas
A meeting of the Board of Adjustment was held on May 2, 2024 and called to order at 3:03 p.m.
with the following members Present:
Chairman Data Tiniaeus
Board Member Tom Rowe
Board Member Rogers Sorrell Jr.
Alternate Board Men-iber Chris Jones
Alternate Board Member Steve Lucas
Board Members absent: Board Meniber Jeff Beaver
Board Member Joey Hilliard
Also present- Elayna Luckey, Plaruier I
Susan Smith., Recording Secretary
'1-'Yraan Albert, Zoning Teelu-iician
APPROVAL OF MINUTES
Alternate Board Member Jones moved to approve the minutes of the April 4, 2024 meeting. Board
Member Rowe seconded the ii-iotion. The motion to approve the minutes carried 5:0.
SWEARIN(-I'r IN OF WITNESSES
All Nvitncsses were sworn in at 3:05 p.m.
PUBLIC HEARING
1) File PZ2024-82:
Applicant:
Location:
To consider a request for a Variance to the minimum side yard
setback requiren-ients in a commercial zoning district
Luis Alfaro
3735 Natalie Street
1:30ARD OF ADJUSTMENT
May 2, 2024
Mrs. Luckey presented the staff report. Luis lfaro is requesting a variance for the property located
at 3735 Natalie Street. SectiOD28.03.024(b)(2) of the City of Beaun-lont Code of Ordinances
District area and Height table provides a minimum side yard setback requirement of five (5) feet
0
for properties abutting other commercial zoning districts. The applicant requests the required side
yard setback be reduced from 5' to I' to allow for an addition constructed without the benefit of
an approved Building Permit or Variance, to remain.
"I'he 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 naff owness, 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 itself. The following may also be considered when determining
"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 rccent certified appraisal
roll;
(ii) Conipliance would result in a loss to the lot on which the structure is located of at
least mventy-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 encroaclunent on an adjacent
property or easement; or
(v) The city considers the structure to be a nonconforming structure.
P
As distinguished from a hardship relating to convenience or caprice, and the hardsbip
must not result fi-om 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.
Thirteen (13) notices were mailed to property owners within two hundred (200) feet of the subject
property. One (1) response was received in favor and tlu-ee (3) were received in opposition. Mrs.
Luckey noted that the letters in opposition are personal in nature from one property owner and
unrelated to the request.
2
BOARD OF ADJUSTMENT
May 2, 2024
Slides of the subJect property and site plan were shown.
Brief discussion fo
llowed concerning specifies of the request.
The applicant was present. Leis lfaro, 1420 Hazel Avenue, Beaumont, Texas addressed the
Board with the translation assistance of Molly Villarreal. Mr. Alfaro stated that lie is the owner of
the property and does not currently live in the house He ftirther stated that he was unaware that a
permit is required until lie received notice to either remove the structure or request permission
from the Board for the structure to remain. Mr. Alf aro also stated the lie spoke to his neighbor who
is unopposed to the addition being constructed close to the fence line. He further stated that. the
addition was constructed approximately six months ago and there was no previous laundry room
in the home.
Chairman 1imaeus inquired of the applicant his knowledge of the City of Beaumont permitting
procedures and process. He further questioned the applicant of his knowledge of the permitting
process of other governmental entities. City Attorney Reed stated that the questioning is unfair to
the applicant and that the understanding of the City of Beaumont permitting process is different
from. understanding the process of other governmental entities.
Board Member Rowe moved to approve the request for a Variance to the inininium side yard
setback requirement to be reduced from 5' to 1" to allow for an addition constructed without the
benefit of an approved B ui I ding P ernlit or Varianc e, to rcma in, for property I ocate d at 3 7 3 5 Natalie
Street, as requested in File PZ2024-82.
Altemate. Board Member Lucas seconded the motion. A roll call vote was taken. Chairman
Thnaeus-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 1'Z2024-87:
Applicant:
Location:
To consider a request for a Variance to the minimum setback
requirements for a swimming pool in a redden fial zon*ng district
Thomas Schroeder
3450 Pond Circle
Mrs. Luckey presented the staff report. "I"homas Schroeder is requesting a variance for the property
located at 3450 Pond Circle. Section 28.04.008(3)(B) of tile City of Beatiniont Code of Ordinances
states "A pool inctj) be localed an ;inhere on aprennses excepI in the required frontyard, proWded
that the pool all not be located closei# ha five (5) fieet to anj; propertj; line of the propert), oil
11Vhich located". The applicant requests the required setback to the pool be reduced from 5' to 3'5".
The applicant shall have the burden of proof to dcmonstratc that all the conditions eecssary for
approval have been met:
A) That the granting of the Variance will not be contrary to the public interest;
3
BOARD OF ADJUSTMENT
May 2, 2024
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. "Thmecessary handicap" shall mean physical hardship
relating to the property itself. ne following may also he considered when determining
ccunnecessary handicap":
(i) The cost of compliance Nvith. the zoning ordinance is greater than fifty (50) pet -cent
of the appraised value of the trLrctUrie as shown on the most recent certified appraisal
roll;
(ii ompliance 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;
(1rr C01.11pliance would result in the structure not in compliance Nvith a requirement of
another city ordinance, building code, or other requirement;
(INr Compliance would result in the unreasonable encroachment on an adjacent
property oreasenient; or
(v) The city considers the structure to be a nonconforn-iire g 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 ill be done
Thirty-three (33) notices were mailed to property owners within two hundred (200) feet of the
sulject property. One (1) respotise was received in favor and one (1) was received in opposition.
Mrs. Luckey read the letter in opposition to the request.
Slides of the subject property and site plan were shown.
Brief discussion followed concerning specifics of the request.
The applicant was present. Thomas Schroeder, 4630 Collier Street, Apartment 518, Beaumont,
Texas addressed the Board. He stated it is his understanding that, due to the grcen space in the
common area, the pool can be constructed less than five feet from the property line and that
neighbors will be unaffected by its construction. Mr. Schroeder also stated that masonry fencing
will be constructed around the pool.
Further discussion followed concerning distance of the pool from the house and reducing the
minimum setback requirements from 3'5" to 3' to allow for error in construction of the swimming
pool
4
BOARD OF ADJUSTMENT
May 2, 2024
Alternate Board Member Lucas iiioved to approve an amended rcqucst- for a Variance to reduce
the minin-i-Lim side and setback requirement to be reduced from 5' to 3' to allow for a swimming
pool along the property boundary that borders a common area in a residential zoning district for
property located at 3450 Pond Circle, as requcsted in File PZ2024-87.
Alternate Board Member Jones seconded the motion. A roll call vote was taken. C11airman
Timaeus-Aye, Board Men -ibex 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.
OTHER BUSINESS
ChairmanTimaeus moved to discuss an unposted item. City Attorney Reed stated that the unposted
item camiot be discussed.
THERE BEING NO FUItrHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:31
P.M.
5
DATE: June 6, 2024
TO: Board of Adjustment
FROM: Elayna Luckey, Planner I
SUBJECT: To consider proposed amendments to Chapter 28, Section 28.02.005(3)(B) of the
Code of Ordinances
FILE: PZ2024-123
STAFF REPORT
Staff intends to amend Section 28-02.005(3)(B) of the City of Beaumont Code of Ordinances to
correct inaccurate language within the ordinance. The ordinance was amended in April of 2023
to be compliant with the passing of HDuse Bill 1475. During recent reviews of ordinance staff
noted an editing error that needs to be corrected. The change will be minor amending the word
"handicap" with "hardship", shown below.
(B) That literal enforcement of the chapter will result in urmccessary hardship, because of
exceptional narrowness, shallowness, shape, topography, or other extraordinary or
exceptional physical situation or physical condition unique to the specific piece of propeity
in question. "Umiecessary hardship " shall mean physical hardship relating to the
prUeltY itself. The following may also be considered when determining "unnecessary
I
bnnrl'
hardship". -
The proposed correction is in accordance and compliance with H.B 1475 and will bring our
current ordinance into date with correct language updates. This item will be heard at -Planning
Commission and City COUncil at a later date.
D
UV
T V X A S
MEMO
Planning & Commimity Development
TO: Board of Adjustment
FROM: Elayna Luckey, Planner I
SUBJECT: Proposed amendment to Section 28.002.005(3)(B) of the Code of Ordinances
DATE: June 6, 202-4
On April 25 2023, The City of Beaumont City Crouncil approved ordinance 23-037., amending the Code of
Ordinance to be compliant with House Bill 1475 regarding financial hardship considerations for variance
request. In recent reviews of the ordinance, it was noted that there is inaccurate language within the
ordinance edited in error that needs to be amended.
Current City Ordinance Section 8.00 .005 3) B states "That literal enforcer ent of the chapter will result in
unnecessary hardship, because o exceptional narrowness., shallowness, shape, topography, or other
if
ex traordin ary or cep ti o n a/ p hysical situation or physical condition un iqu e to the sp e cific piece of property in
question. "Unnecessary handicap" shall mean physical hardship relating to the property itself. The following
may also e considered when determining "unnecessary handicap.."'
minor amendment of the section is to repl k e-the -work "handicap" with "hardship" and will
The proposed
read as follows "That literal enforcement of the chapter will result in unnecessary hardship, because of
exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional physical
situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship"
shall mean physical hardship relating to the property itself. The following may also be considered when
determining "unnecessary hardship".
Attached to this memo, is the proposed corrected ordinance in full.
Thefollowing Code does not display iinn or con7plicatedforniatting. Codes should be viewed online. This
tool is only i�ieantfoi- editing.
§ 28.02,005 Board of adjustment,
(a) Creation. There is hereby created a board of adjustment consisting of five (5) regular members and four
(4) alternate members who shall sei've in the absence of one or more regular members when requested to
do so by the city manager. Each member of the, board of adjustment shall be� appointed by the mayor and
confirmed by the city council for a term of two (2) years or until their successors are appointed and shall
be removable for cause by the, mayor and city council upon written charge and after public hearing.
Vacancies shall be filled for the unexpired term of any member whose position becon-.es vacant for ally
I h 9 the a
cause in the same mam-ier as the original appointment was made. The member, of e board of
ad t ustment heretofore existing shall continue to serve as members of the board until the terms for which
J
they were originally appointed expire. Members of the board shall serve without compensation.
(b) Proceedings. The board of adjustment shall adopt rules to govern its proceedings; provided, however,
that such rules are not inconsistent with this chapter or statutes of the state. Meetings of the board shall
be held at the call of the chairman and at such other times as the board may determine. The chairman, or
in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All
meetings of the board shall be open to the public. The board shall keep minutes of its proceedings
showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact,
and shall keep records of its examinations and other official actions, all of which shall be iraniediately
filed in the office of the board and shall be a public record.
(c) Appeal process. Appeals to the board can be taken by any person aggrieved or by an officer,
department, or board or bureau of the municipality affected by any decision of the administrative
officer. Such appeal shall be taken within a reasonable time after the decision has been rendered by the
administrative officer5 by filing with the officer frm an
om whothe appeal is taken d with the board, a
notice of appeal specifyinR the grounds thereof. The officer from whom the appeal is taken shall
foithwith transmit to the board all the papers constituting the record upon which the action appealed was
taken.
(d) Stay of proceeding. An appeal shall stay all proceedings in furtherance of the action appealed from
unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of
appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his
opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed,
otherwise., then by a restraining order which may be granted by the board or by a court of record on
application on notice to the officer from whon't the appeal is taken and on due cause shown.
(e) General powers. The board shall have the following powers:
(1) To hear and decide appeals when it is alleged there is an error in any order, requir'ement, decision,,, or
determination made by an administrative official in the enforcement of this chapter. The board must find
the following in order to grant an appeal:
(A) That there is a reasonable difference of intcrpretation as to the specific intent of the zoning rcgul-rations
or zoning map.
(B) That the resulting interpretation will not grant a special privilege to one property inconsistent with other
properties or uses similarly situated.
(C) The decision of the board must be such as will be in the best interest of the community and consistent
With the spirit and interest of the city's zoning laws.
(2) To hear and decide special exceptions to the terms of this chapter. The term "special. exception" shall
inean a deviation from the, iequirements of the 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 the value and use of adj anent or neighboring prop ertY or b e contrary
to the best public interest:
reconstruct, extend, or enlarge a building occupied by a nonconforming use, on the lost or tract
I
Occupied by such b-ailding, provided that the reconstruction, extension, or enlargement does not prevent
the return of the property to a conforming use.
(B) To deviate yard requirements in the following circumstances:
root. yard setback of an abutting lot
(i) An exception from the front yard requientwt
rems here he actual f
does not meet the front yard requirement or a rear and exception where the act-Lial rear yard setback of
any four (4) or more lots In the same block do not meet the rear yard requirements of these regulations.
(1i) A yard exception on corner lots.
Gii) An exception where the existing front yard setbacks of the various lots in the same block are not
uniform, so that any one of the existing front and setbacks shall, for a building hereafter constructed or
extended, be the re iured minimum front and depth.
GAn exception from the minimum front and requirements for owner identification signs where a
structure existing at the effective date of this chapter precludes locating a sign in compliance with the. setback regulation.
(v) An exception from a minimum, interior side yard setback requirement for owner identification signs for
existing businesses which were developed prior to April L 1981, where there is no safe place to erect a
sign in compliance with the minimum setback requirements. A condition for granting of the, exception is
that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign,
building, or outdoor display area.
(vi) An exception from the minimum side and setback requirement where a nonconforming building was in
existence at the time of the passage of this ordinance (January 17, 1984).
(C) T o waive or reduce off-street parking and loading requirements when the board finds the same arc
'Linnecessary for the proposed use of the building or structure, for which the special exception request
applies.
(D) To grant an exception for ten (10) additional feet in height for an advertising sign when, in the board's
judgment, the sign, at a lower height, will block an existing sign or Structure from view or itself be
blocked from view.
(3) To authorize upon appeal in specific cases such vadance fro the term m
I S of this chapter as will not be
contrary to the public interest, where, owing to special conditions, a literal enforcenicnt of the
Provisions of said laws will result in unnecessary hardship, and so that the spirit of the chapter shall be
observed and substantiat justice done. The term "variance" shall mean a deviation from the- literal
provisions of the zoning ordinance which is granted by the board when strict conformity to the zoning
ordinance would cause an unnecessary hardship, because of circumstances unique to the propeity on
w1iich the variance is granted. Except as otherwise prohibited under subsection 0) rs�ubsection (Q
hereof, the board is empowered to authorize a variance ftom a requirement of the zoning ordinance
when the board finds that all of the following conditions have been net:
(A) That the granting of the variance will not be contrary to the Public interest; and
(B) That literal enforccment of the chapter wilt result in unnecessary hardship, because of exceptional
narrowness, shallowness5 shape., topography, or other extraordinary or exceptional physical situation or
physical condition unique to the specific piece of property in question. "Unnecessary Jhkaniii
11 1 so be
I I a shall mean physical hardship relating to the property itself. The following may al
considered when determining "unnecessary haa4ierV hardy hil)":
(i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised
value of the sti-Licture 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 encroacl-fl-nent 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; and
P That by granting the variance, the spirit of the chapter will be observed and substantial justice will be
done.
The applicant shall have the burden of proving to the board that the
foregoing conditions have been met.
(f) Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that
use is prohibited.
(g) Additional conditions. The board is empwn
oered to impose upoany variance or special exception any
condition reasonably necessary to protect the public interest and community welfare.
(h) Revocation or modification.
(1) A variance or special exception may be revoked or modified for any of the following reasons:
(A) That the variance or special exception was obtained or extended by fraud or deception.
(B) That one or more of the conditions imposed by the board in granting such variance or special exception
has not been complied with or has been violated.
(C) That the variance or special exception, although granted in accordancw e ith all rcquirenients hereof, has
caused a musance or is othei-wise detrimental to public health, safety and welfare.
(2) An action to revoke or modify a PreviouslY granted variance or special exception may be initiated by
order of the city council, the city manager, any meniber of the board, or the person who obtained the
variance or special exception.
(3) The board of adjustment shall hear a request for the revocation or modification of a variance or special
exception in accordance with the same notification and hearing procedures established for original
variances and special exceptions.
(i) Notification and hearing process. Anrequest for an appeal, variance or special exception shall require
a public hearing before the board. Notice of said hearing shall be published at least one (1) timp in a
newspaper of the city, at least ten (10) days prior to the day of the hearing. A written notice of the
hearing shall be sent to owners of property situated within two hundred (200) feet of the exterior
boundary of the property with respect to which such appeal, variance or exception is requested. It shall
be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of
the city and addressed to such owner at the address stated on said roll. If no owner is stated on the tax
roll, or no address appears thereon, the written notice to such property owner shall not be required. A
process*ng fee of two hundred fifty dollars ($250.00) shall be paid to the city in advance of the hearing.
In the event the application is withdrawn prior to the mailing of the required written notification of
publication in the official newspaper, the fee shall be refunded.
Action of the board. The concurring vote of four (4) members of the board shall be necessary to reverse
any order, requirement, decision or determination of any such administrative official, or to decide in
favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to
effect any variation in such ordinance.
(k) Appeal from decision of board. Any person aggrieved by any decision of the board of adjustment, or
any officer, department or other board or conunission of the city or the city council, may appeal the
decision or action of the board of adjustment by filing a petition for sine in a coult of competent
jurisdiction, setting forth that such decision is illegal in whole or in pact, and specifying the grounds for
the alleged illegality. Such petition shall be filed with the court within ten (10) days from the day the
board renders its decision, and not thereafter. The time period set forth herein shall be deemed
jurisdictional.
(1) Reapplication. No application for a variance, special exception, or appeal which has been denied shall
be again filed eaxlier than one (1) year from the date of original denial.
(m) Validity. If an application is granted by the board, all permits necessary for the prosecution of the or
must be obtained within one (1) year and consti-uction completed within the time established by the
building code. All previous applications approved by the board for which building permits have not
been issued shall be valid only if a building permit is obtained within one (1) year after receipt of a
written notice of the requirements of this section and on traction must be completed within the time
limits set forth in Witten. the building code. itten notice shall be considered received on the date such notice
is mailed to the person, flirm or corporation who received the variance addressed to the address of such
person, firm or corporation as the same shall appear in the records of the planning department relating to
the granting of such application.
(Ordinance 1-1 see. see. 1, adopted 3/10/81; Ordinance 81-58, see. 3, adopted 7/28/81; Ordinance 82-134, see.
13, adopted 12/14/82; Ordinance 83-144, see. 1, adopted 10/25/83, Ordinance 84-09, see. 1, adopted 1/17/84;
- Ordinance 86-30 see. 3 adopted 3/25/86; Ordina.cue 92-62,,sec. 7,
Ordinance 84-87, see. 1, adopted 6/26/8437- Ordinance 23-037
adopted 8/11/92; Ordinance 03-098, sec. 1,5 adopted 12/9/03; 1978 Code, see. 30-
adopted 4/25/2023)
DATE: June 6, 2024
TO: Board ofAdjustment
FROM: Elavneiuckcv Planner
8UEUECT Toconsider arequest for aVariance tothe m\nimumside yerdsetback requ|rementaina
residential zoning district.
FILE: pZ2024'131
STAFF RFPORT
Laqu{ntaGreen is requesting aVariance to the min1mumside yard setback for the property located at 2830
San Antonio Street. The property is zoned RM'H(Residential Multiple-FamilyDwelling— High Density)that
�u\�am1n|mum�e��s�������e���m��.Thea����s���r��the
setback naquirementf ro ,5'to2'toconstrucLanadditkmaLthcrearoftheexisLm§structure.Theaddhion
would be in line with the existing structure that sits along the southern property line.
The applicant shall have the b-urden of proof to demonstrate that all three conditions necessary for approval
have been met:
A) That the granting of the Variance wiUnot be contrary to the public interest;
B} That |�era|enfo�Uresult aryhardsh\pbecauseof
' exceptional narrowness, shallowness, shape topogrphyorotherexmaond>naryorexcept)ona|
physical situation or hardship physical condition unique tothe specific piece of property \n
question. "Unoeces oryhandican"shaUmeanphys\ca\han1ahiprelmiingtoihepnopertyitse\f.
The foUvv
oingmay abobeconsidered vvhendetermining "unnecessary handicap"�
U)The cost ofcomnp1ianoew�hthe zoning ordinance isgreater than fUtv�O)percent ofthe
'' appraised value of the structure as shown on the most recent certified appraisal roll;
(11) Compliance would reSu|t in a loss iothe lot on which structure is located of at least
twenty-five (2-5) percent of the area on which development may physically occur;
011) Compliance would result in the structure not in compliance with a requirement of another
city ordinance, building code, orother requirement;
(iv) Compliance Would result in the unreasonable encroachment on an adjacent property or
easement; or
(v)The city considers the structure tobeanonconforming structure.
Asdistinguished fnzmahardship relating ioconvenience orcaprice and the hardship must not result
from the applicant's or properLy ownerps own actions;
[1 That by granting the Variance, the spirit of the ordinance will be observed and substantial justice
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 2-1
Responses |nFavor _. Responses inopposition _1
LEGAL DESCRIPTION
Being all ofLot lBand all ofLot ZD,Block 1Z7Cartwright Addition/ Beaumont, Jefferson Couniy Texas,
GENERAL INFORMATION/PUBLIC UTILITIES
LaquinLoGreen
OWNER:
PROPERTY '
EMcRashadGreen
283OSan Antonio Street
ZONING:EXISTING
RW1-H (Resi d e nti a I NoulUple-Fa nnUy—High Oensity)
PROPERTY SIZE:
~0.1607acres
USES -EXISTING LAND
Residential
FLOOD '
X—Area determined tobeoutside the5OO-
---------'
year flood plain
'
LAND USES:
SURROUNDING
ZONING:SURROUNDING
NORTH: Residential
RM-H (Resid e ntia I W1u\tipie-Farnik/—H' h Dens(tyl
EAST: Residential
RW4-H
SOUTH: Residential
RM'H
WEST: Vacant
RM-H
COMPREHENSIVE PLAN: Conservation Revitalization
STREETSSan Antonio Street — Local Street with �h a �
-------- and 25'pavement width.
DRAINAGE' Curb and gu�er.
.
6°water line onSan Antonio Street,
PROPERTY( OWNER NOTICES SENT WITHIN 2001
JHNSN CLAUDIAI1
11 R AN ALEXIA V
JOHNSJOHNSON CLAUDIAI'111
MORGAN ALEXIA V
TRANSGLOBAL PORT ARTHUR
CLARK CARRI E
FER ERS NVIR INIAANN
BEAUX GERALDINE ETAL
LEWIS LUTRICIA A BROUSSARD
RODRIGUEZ NORBERT RAJAS & MARIA DEL R SARI
RICHAfi D SUZETTE
HA'YNES CHRIST PHER C RDELL
PHILLIPS TYR NE
PHILLIPS JESS W JR ETAL
GAMEZ GELAC10
MOLLETTE E DD I E MAE
HARMON ROSE MAE
NATHAN LINDA VAL.L1ER
WARNER CHARLES JR
BOUDREAUX ANTHONY D & CRYSTAL
FILM RE SANDf A
BEAUM
ANT
Planning & Community bevclopment
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Variance Tag Name: Variance to the side setback
Case #-, PZ2024-131 Initiated On: 5/3/2024 2:21:33PM
Location: 2830 San Antonio Street
Individuals listed on the record:
Applicant
Laquinta green
2830 SAN Antonio st
Beaumont, tx 77701
Agent
Laquinta Green
2245 Harrict st.
Beaumont, TX 77705
Property Owner
Home Phone:
Work Phone',
Cell Phone- 40,96596033
E-Mail- sheligreenO3@gm;ail.coni
Home Phone:
Work Phone:
Cell Phone: 4096596033
E-Mail: ShellgreenM@gmail-corn
Laquinta Green Horne Phone:
2245 Harriot st or Phone:
Beaumont, TX 77705 Cell Phone: 4096596033
E-Mail: SheilgreenO3@gmail.com
Legal Description CARTWRIGHT 2 Ll 9 L20 BI 27
Type of Variance: Variance
That the granting of the variance will The granting ' of the variance will only impact a private interest, and
not be contrary to the public interest not a public interest, with regards to an encroachment of two feet. It
will not create a prescriptive easement whereby an egress and/or
ingress would present a public inconvenience or dangerous condition.
That literal enforcement of the Not withstanding the fact the building is in violation of the city
ordinance will result in unnecessary ordinance, I do believe that the enforcement of the said ordinance
hardship would put me financial bankruptcy. At this juncture, I have no other
alternative but to lean on the city and hopefully be the recipient of an
exemption.
That by granting the variance, the Going foiward, whether denied or granted a variance, I shall continue
spirit of the ordinance will be observed to uphold the spirit of the ordinance because It was written to protect
and substantial justice will be done the integrity of the city's goals and objectives.
Notes:
Case Type, Planning and Zoning Page I of 1
Printed On: 5116/2024
Case #: PZ2024-131
City Planners & Committee of Adjustment Members,
!'m writing as a residel7tof 283(1 Sari ontonio street in the a Beaumont I area neighborhood The
d buifc�ing length is, in my view, excessive, unpleasant, and
request to exceed the permitte grotesque. 1 do not believe any houses on the block are anywhere will have a complclint on the
y�rc�portionsstze of the house the -house been buI *It in over20 years. Aesthe ticall , the of the
structure would be unsightly. It is one of the skinnier lots on the street, and having such a tong
depth, with a narrow width would be for from the "golden rotiothot architects for thousands of
years have found to instill beauty ire our surroundings. l will trice for the city grant me a approval
because the space will not affect my fe([ovv residents.
Thank you dot' considering my objections in your ruling,
Eric green
Laquinta green
P.S. please send me o copy of the Decision to the above address.
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rFlml�ePZ2024-131: To idea a request for a Variance to the minimum side yard
t requirements in a residential l onin district.
Applicant: Laquinta Green
Location: 2830 Sari Antonio Street
DATE: June 6, 2024
TO: Board ofAdustneni
FROM: BevnaLuckey Planner
�0{��c���a�u��oV���t��ar��������me�1na�de�e|zoning district.
FILE: PZ2024-132
sTAFFnsPORT
Rolando Cadbaja|is requesting a Variance to the rear yard setback requirements for the property located. at
4175Ironton Avenue. The property is zoned R-S(Residential Single -Family DwelUng), which requires a
minimum rear yard setback of2y.The applicant is seeking toreduce the minimum requirement from2S to
5" to accommodate the construction of an addition, completed without the benefit of an approved building
permit.
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;
8) That|�zna|enfoocmentoftheon1inoncevvU\resu�\nunneces aryha�sh|pbecauseof
' i |shallowness,shapetopographyorothzrextnaord|naryorexceptjona)
exceptional narrowness
physical situation or hardship physical condition unique to the specific piece of property in
question, "Unnecessary hand\cao"shall meanphysical hardship relating tothe property itself.
The following may also be considered when determining "'unnecessary handicap".
(i)The cost of complian cewith the zoning ordinance is greater than fifty (50) percent of the
�|ue��/e������m�r�����a[��|�h
appraised,uu`�
UD Compliance would result in a loss to the lot on vvhkzh the structure is located of at least
m (2S)percent ofthe area onwhich development may physically occur;
(Iii) Compliance would result in the structure not in compliance with a requirement of another
city ordinance, building code, orother requirement;
(iv) compliance would result in the unreasonable encroachment an 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 resu It
frorn the applicant's or property owner is own actions;
C] That by granting the Variance, the spirit of the ordinance will be observed and Substantial justice
Exhibits are attached.
PUBLIC NOTIFICATION
Responses in Favor . Responses in Opposition —
LEGAL DESCRIPTION
Being all of Lot 24 and the Southern half of Lot 25, Block 204 Glenwood Addition, Beaumont, Jefferson
GENERAL INFORMATIONLPUBLIC UTILITIES
PROPERTY OWNER'
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
Rolando Carbajal
Rolando Carbajal
4175 Ironton Avenue
RS (Residential Single Family)
—0.241 acres
Residential
X — Area determined to be outside the 500-
year flood plain
SURROUNDING LAND USES: UKKUUIVUINU I-U1N11'J%J-
NORTH: Residential IRS (Residential Single Family)
EAST: Vacant IRS
SOUTH: Residential IRS
WEST: Residential IRS
COIVY
PREHENSlVE PLAN: Conservation Revitalization
STRFETS: Ironton Avenue — Local Street with a 56' right-of-way
and 25' pavement width.
Buchanan Street — Local Street with a 60' right-of-way
and 25'Pavement width.
DRAINAGE: open ditch.
WATER: 6--' water line on Ironton Avenue.
SANITARY SEWER SERVICE: SIP sanitary sewer line on Buchanan St.
PROPERTY OWNER !NOTICES SENT WITHIN 200'
PROMISE ORAlVA
EXNIClOUS LOUIS EDWARD
SMITH ROBER7 & CLAUDETTE (CD)
HUFF R08ER7 L & LOIS ANN
CROS5LAfVD REBECCA JEAN
ERWIN WALLACE
JEiVKINS JERRY
CEASAR ERNEST & VALARIE
CA5TR0 AGUSTIN C
IHS 2 LLC
CAB RERA B LA NCA ARACELI I'ADi20N
Eb1NARDS WALTER W & AGNES R
7HOMAS KEVIN SR & NICOi.
iHOMAS NICOL
MCCRAY LEE V
CRANK TOMMY J
SHIRLEY JIMMY L. & HAZEL RUTN
PARKS JIMMIE D & TMEORA D
CARBA.fAL ROLANpO
GONZAI.EZ ROLANDO CARBAJAL
EDWARDS WALTER WADE E7 UX
HAYGOOR SHEILA
B EA,
ONT
planitiing & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Variance Tag Name. Back porch add on
Case #: PZ2024-132 Initiated On: 5/3/2024 10:32:16AM
Location: 4175 IRONTON AVE, BEAUMONT, 77703
Individuals listed on the record:
Applicant
Rolando Carbalal
4175 Ironton
Beaumont, TX 77703
Agent
N/A
Missing Address, City, State, or Zip Code in People
Property Owner
Home Phone:
Work Phone:
Cell Phone: 409 4548097
E-Mail- yulic2gl@gmall.corn
Home Phone:
Work Phone:
Cell Phone:
E-MaiL
Rolando Carbalal Home Phone:
4175 Ironton Work Phone:
Beaumont, TX 77703 Cell Phone: 409 4548097
E-Mail: yuflc291ggmail-c0n1
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:
GLENWOOD L24 S1/2 L25 B 204
Variance
The granting of the variance will not affect in any ways our
surrounding neighbors.
if the ordinance is enforced, it will be big financial loss to my family.
If the variance is granted, we will follow all requirements given to us.
Case Type: Planning and Zoning Page 1 of 1
Case #: PZ2024-132 Printed On: 5/612024
May 3, 2024
To whom it may concern:
My home is located at 4175 Ironton Avenue Beaumont, Texas 77703
A porch/patio has been started and we were unaware that a permit was
required.
Also, was not aware of the distance having to be left at the edge of our property,
because it was the same distance as my garage.
The reason for building is that summer coming and want to spend more time
outside with my Children and Friends to make lots of memories.
If we knew a permit was required we would have purchased a home owners
thru the City of Beaumont before we started the process.
We have not finished the porch because we are wanting to a d d other things to it
ex: gutters and etc.
Whatever we are needing to do please let me know
Thank You In Advance
The Carbajal Family
a
s
File P1 0 -1 : To consider a re l request for a Variance to the minimum rear yard setback�
requirements in a residential zoning district,
p li ant: Rolando Carbajal
Location: 4175 Ironton Avenue
100
Feet
aw LeC16h-d
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DATE: ]une6,2OZ4
TO: Board of AdjUstment
FROM: Elayna Luckey, Planner I
SUBJECT: Toconsider arequest for aVariance tothe minimum side yard setback and pavement
setback requirements in a commercial zoning district.
Richard and Chris Daleo, are requesting a Variance to the side yard setback requirements and pavement
setback requirements fortheproperty located atS975Highway 1O5. The properLy\szonedGC-MD (General
Commercial — Multiple -Family Dwelling), which requires o minimum side yard setback ofS'. The applicant is
seeking toreduce the minimum structure setback requirement from S'toO7]' and pavement requirement
from 2" to 0 for the reconfiguration of their existing carwash. This property was aff ected by the Highway 105
widening project losing substantial frontage iothe TXDOTproject leaving limited area for expansion.
The applicant shall have the burden of proof to dernonstrate that all three conditions necessary for approval
have been met:
A) That the granting of the Variance will not he contrary to the public interest;
B) That |�ena|enfo�ementofthe ordinance vNU�subinunnecessary ha�sh1pbecause of
' exceptional narrownessshallowness., shape topography orother extnaordinaryorexceptional
p'�cal situation or hardship physical condition Unique to the specific piece of property in
'
ust|on "Unnecessary handicap" shall mean physical hardship relating tothe property itself.
The following may also be considered when determining "'unnecessary handicap":
(U�����m�a��hi����i�n����r�n���0�����
''����e�t���������n�r�����e���\��
appraised
UUComcdLancewouN�su�|na�s tothe lot onwh�hthe u�ucLune��catedofat�as
' ' ,twenty-five (25) percent ofthe area onwhich development may physically occur;
(iii) Compliance would result inthe structure not in compliance with a requirement of another
city ordinance, building code, orother requirement;
(iv) Compliance would result in the unreasonable encroachment on an adjacent property or
easement; or
M The city considers the structure to be a nonconforming structure.
Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result
from the applicant's or property owner's own actions;
C) That bvgranting the Variance., the spirit of the ordinance will be observed and substantial justice
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 8 -
Ri
esponses n Favor Responses in Oppositioll..
LEGAL DESCRIPTION
Being, Tract 4., Plat RS4,, Abstract 17, W.B. Dyches survey, Beaumont.. Jefferson OUntyj Ti exas, containing
.344 acres, more or less.
GENERAl.1NFORMATION PUBLIC UTILITIES
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE.
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Commercial
EAST: Commercial
SO UTH, Commercial
WEST- Residential
COMPREHENSIVE PLAN:
STREETS'
DRAINAGE:
WATER:
SANITARY SEWER SERVICE.
Daleo Car Wash
Richard and Chris Daleo
5975 Highway 105
GC.-M D (General Commercial — Multi -Family Dwelling)
"0.3444 acres
Commercial
X — Area d ete rrn i ne d to be outside the 500-
year flood plain
SURROUNDING ZONING:
GC -MD (General Commercial -Multiple-Family)
GC -MD
G&M D
RM-H (Residential Multiple -Family —High Density)
Neighborhood growth unit
Hi hw�S — Major Arterial with a 1201 right-of-way
and 70' pavement width.
Curb and gutter.
8" water line on Highway 105.
1210 sanitary sewer line on Highway 105.
PROPERTY OWNER NOTICES SEAT WITM1 N 2001
RETAIL INVESTORS OF TEXAS LTD
DALED CAR WASH LLC
SOUTHWESTERN BELL
105 RENTALS LLC
C LE FD PORTFOLIO III LLC
PICS LLC
BA I ST N 1 ELLE ' MAF IE
105 RENTALS LLC
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Variance Tag lame: Concrete allowance to south and west
Case #: PZ2024-136 boundary of property
Location: 5975 HWY 105, BEAUMONT, 77708 Initiated On: 5/7/2024 2-28,50PM
Individuals listed on the record:
Applicant
Daleo Car Wash LLC
798 Countrywood Cir
Sour Lake, TX 77659
Property Owner
Richard Daleo
798 Countrywo-ad Cir
Sour Lake, TX 77659
Home Phone:
Work Phone:
Cell Phone: 409-782-2095
E-Mail- richard—daleogyahoo.com
Home Phone,
Work Phone:
Cell Phone: 409-782-2095
E-Mail- richard—daleo@yahoo-corn
Owner 2
Chris Daleo Home Phone:
155 Pinelake Work Phone:
Sour Lake, TX 77659 Cell Phone: 409-782-8658
E-Mail: da[eoinvestmentgroup@gmail.corn
Legal Description 5975 State Highwby 105
Beaumont, Texas 77708
Jefferson County, Texas
100' x 15 ' Tract of hand out of G. R. Buckner Ho estead Tra ctin the
W.B. Dyches and A. Duwe Surveys
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 sLibstantial justice will be done
Notes:
The variance requested is to allow concrete paving -to the south and
west boundaries of the property for our proposed tunn.el car wash
project. No impact to our neighboring properties will exist.
Our proposed car wash renovation depends on every square foot of
the property to allow proper vehicle traffic and maneuverability to
access pay stations vacuums, and the entrance/exit to the proposed
tunnel car wash bay.
We believe that granting this variance is critical to the success of our
proposed tunnel car wash with Zero impact tO our neighboring
properties.
Case Type: Planning and Zoning
Case #: PZ2024-136
Page I of I
Printed On: 5/15/2024
May 85 2024
City of Beaumont / Planning Division
Attn: Elayna Luckey
Subject: Daxle o Car Wash LLC
5975 Highway 105
Beaulnont., TX 77708
Dear Planning Division,
Daleo Car Wash LLC is requesting a variance on the south and west boundaries of our property located at
e ca
5 9 7 5 Highway 105 5 B caumont, Texas 7 7 7 0 8 , for a bus i nes s remodel. The property ell i T Iitly otains
four bay self -serve with one automatic scar wash. The self -serve portion of the car wash was originally
constructed in 1977 by my father, with the car waslistructure and concrete beghming on the edge of the
west boundary and has remained the same since. The automatic, portion of the car wash was constructed
in 2006 along the east boundary adjacent to a 305 in asement, which was approved by the
City of Beaumont during the permit process at that time. We are proposing to demolish the self -serve
portion of the car wash and the vacuum. canopy and convert the automatic portion to accommodate an 90'
drive tiu-u express tunnel car wash. A decrease in demand for self sei-ve type car washes and an overall
decrease in revenue is the driving force behind the proposed changes to remain competitive in the market
and keep our' family business alive.
During our planning process, efforts were made to design this new addition to be competitive with the
suirounding tunnel car washes. Silice the highway expansion many years ago took a significant portioll
of our fi-ontage, we are only able to fit a inaximum tunnel bay length of 80' and allow sinooth flow of
vehicle traffic to our vacuum stations and pay stations. We believe after car fill car wash equipment
choices and placement in the tLumel bay, we will provide the sarric or better quality service, even though
inost of our competitors have much longer tunnel bays. With that said, we believe that the only way to
make this happen is by utilizing every square foot of our property. Easy access to our pay stations and the
ability for vehicles to maneuver are critical to allow the vehicles to properly line up for tumiel entry and
exit. We are using the min fie widths and taming radiuses
-inium car wash manufacturer recommended traf
due to our Iiii-lited available propefty, which is precisely why we are requesting this variance.
)
Our property contains two adjacent properties to the south (AT&T) and familY home . west (single
E arlier this ear aelevat* joli survey was conducted by Faust Engineering and Surveying, Inc. which yn
showed our property to be at a higher elevation than our neighboring properties. Our request is to allow
us tap conerete, paving to the south and west botmdaries for parking and vehicle traffic. The south
and west boundaries would be curbed and the concrete paving would be sloped to contain all rainwater
I-Lilloff to our cxisting storm water drainage system. In addition, a privacy felice wout(I be installed to
prevent people or vehicle, encroaclmient onto the adjacent proper ties
We hope the planning board will understand how this variance request is critical to the design and success
of this proposed project. We believe that there will be zero impact to the neighboring properties with the
addition of curbing, proper drainage, and privacy fencing. We are excited about this next Step in our over
40 years as a family business and look forward to handing this down to the next generation.
Sincerely,
Richard Dalco
Dal Car Wash LLC
798 Countrywood Cir
Sour Lake, TX 77659
Email: richard daleo(@ wahoo.coni
Phone: 409-782-2095
. .■ L �
�R\�
IJ� 2
§ § �� B 2 2§#$■ f 7 LU
�2
r- request est for a variance c the minimum �r side yard setback
�.� Tyr +���d � qpavement t a k requirements in a commercial zoning districts
Applicant: Richard Daleo and Chris Daleo
Location: 5975 Highway 105
100
Feet
T y Legend'
-2024-136
GC -MD
TO: Board ofAdjustment
FROM: . ElavnaLuckey Planner
SUBUECT: To consider a request foi- a Variance to the maximum building height requirements for
' an accessory building in a residential zoning d(stric\,
FILE: PZ2024-142
STAFF REPORT
Tate Fk�onb�����Du���u��a�����mm�um�iN�he�a����
ana�''ry building for the property located at4420 Calder Avenue. The property is zoned RS (Residential
Single -Family DweU]ng),which allows amaximum building height of2Yforaccessory structures located up
iotwo and a half feet from the property line. The applicant is seeking approval to increase the building height
aUovvanccuzanaccessory struciurefrum2O kz24'.TheaccessorysiructurerecmivedabuHd\ngpermit
however upon inspection it revealed the structure exceeded the permitted building height of an accessory
structure The project received a stop work order to await the outcome of this request as a successful
Variance would berequired Locontinue the project atbuilt.
The appUoantshaUhavethe burdenofproof todemonstrateihaLaOihreecon d\t|onsnecessaryfor appnovaI
have been met:
Al That the granting of the Variance will not be contrary to the public interest;
B\ That Utera|enforcement ofthe ordinance wiUresu�inunnecessary hardship because of
' exceptional narrowness, shape topography orother extraordinary orexceptional
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 itself.
ThefoHow/\ngmayalsobecons\deredvvbendeLerm[ning"unnecessaryhandicap"�
U>The cost ofcorn pUancewit hiheznningordinance\sgoauerthenfif1v8Qlpercent ofthe
appraised value ofthe structure asshown onthe most recent certified appraisal roll;
00 Compliance would result in a loss to the lot on which the structure is located of at (east
twenty-five (25) percent cfthe area onwhich development may phvai�aih/occur;
UiUCompliance would result inthe structure not )ncompliance with erequirement ofanother
dtyordinance, buHd)nocode, orother requirement;
UvlCompliance would result inthe unreasonable encroachment onanadjacent property or
easement; or
(v)The city considers the structure tobcanonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship must not result
from the appUcant"sorproperty owner's own actions;
C1 That bvgranting LheVahanoe,thespidtoftheordinancevvUlbeobservzdandsubstandai]usdce
will be done.
Exhibits are attached.
PUBLIC NOTIFICATION
Responses inFavor ' Responses inOpposition _____.
LEGAL DESCRIPTION
Being Tract 221P1e1 O25, H. Williams 3unxey, Beaumont., Jefferson County,, Texasl containing 2.0711
acres, more orless
GENERAL INFORMATIONPUBLIC UTILITIES
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residential
EAST: Residential
SOUTH: Commercial
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
Tate Floyd
Louis Clay ugas
4420 Calder Avenue
RS (Residential Single Family)
rv2.0711 acres
Residential
X — Area determined to be outside the 500-
year flood plain
SURROUNDING ZONING:
RS (Residential Single Family)
vlk
GC -MD (General Commercial — Multiple Family)
RS
Stable Area
Calder Avenue — Secondary Arterial urban street with a
60' right-of-way and 321 pavement width.
Thomas Road — Local Street with a 601 right-of-way and
25' pavement width.
Curb and gutter on Calder Avenue.
Open ditch on Thomas Road.
8)JF water line an Calder Avenue.
8).P sanitary sewer line on Calder Avenue.
PROPERTY PERT ER NOTICES SENT WITHIN 2001
FA IO J SEPH
ESCAMILLA CRAIG A &. LANRA
RICHARDSON LEON & DIANE
DARLING WILLIAM CJR
PEARCE ANTIMONY BRIAN
FIERCE W BRY
SHADE LAiENCE TREHEART
GRIFFIN CATHERINE E
a
ALLE N BARRY WESTON J R
THACI ER BENJAMIN C & LISA
THOMPSON FANCILY PARTNERSHIP LT[
HESEN BEAU W & BRENNA
HICKS JOHN P UL
BARRETA JENNIFER L
FALLOUT TYLER
EID ALAA
COSTA SALVAD RE ANTHONY &
DUGAS L UIS CLAY
MORRIS WILLIAM TERRY
RAF ES JACQU ELI NE M CN E I LL
HA►RR IS J C E NT N
WESTBROOK CENTER
LOU'S GROCERY LLC
LOURS GROCERY LLC
RICHARIS ALANA D
THOMPSON DAN& LAU REE
BE
O NT
Planning & Community Development
Case Type: Planning and Zoning Case Status: REVIEW
Case Sub Type: Variance Tag Name: height variance request
Case #: PZ2024-142 Initiated On: 5/1512024 12:38* 1 2PM
Location: 4420 CALDER AVE, BEAUMONT, 77706
Itidividuals listed on the record:
Applicant
Tate Floyd
Home Phone: 4097453256
10383 HWY 12 STE. 116
Work Phone*
ORANGE, TX 77632
Cell Phone: 4097347957
E-Mail: OFFICE@BBMBTX.COM
Agent
Tate Floyd
Home Phone:
10383 HWY 12 STE. 116
Work Phone:
ORANGE, TX 77632
Cell Phone*
E-Mail: OFFiCE@BBMBTX.COM
Property Owner
Louis Clay Dugan
Horne Phone- 409-813-1111
4420 Calder Ave.
Work Phone,
Beaumont, TX 77706
Cell Phone:
E-Mail* dugas@claydugas.com
Case Type: Planning and Zoning Page I of 2
d On: 5/16/2024
Case 11: PZ2024-1Printe
42
BEA,V
MO NT
Planning & Comi-nunity Development
Legal Description
Type of Variance: Variance
That the granting of the variance will yes half of Clay and Shannon
not be contrary to the public interest We are applying for height variance on be
Dugas. The Dugas' intentions for the secondary structure on their
property is for storage including larger vehicles, lawn equipment, and
personal property which they currently do not have.
That literal enforcement of the yes the eave height by S-T to
ordinance will result in unnecessary The significant financial burden to amend
hardship be in compliance with the City Ordinance would be estimated at
$56,676.92 for the following items
1. $22,957.00- sectional doors designed for current eave height
2. $18,500.00- Labor to uninstall and reinstall, field fabrication
3. $2,750.00- additional month of rental of forklift and scissor lift
4. $12,469.92- new framing material to include: (8) main frame
columns (2) wind bents, door jambs and headers, engineering,
drafting, detailing and fabrication
That by granting the variance, the yes
spirit of the ordinance will be observed
and substantial justice will be done The Dugas'take pride in their property aesthetics and have chosen
colors to blend with the surrounding greenery (forest green wall color)
and trim colors in neutral earth tones to complement their home for a
cohesive look; They also chose to have eave extensions with soffits
for a residential look. Striving to be good neighbors they intend to
perform regular maintenance and upkeep as they do with all current
structures.
Notes:
Case Type' Planning and Zoning Page 2 of 2
Case #- PZ2024-142 Printed On: 511612024
Better Built Metal Buildings
10383 Hwy 12, Ste. 116• Orange, TX 77662
Phone- 409-745-3256 Fax: 409-745-1255
office (abbbmW.com
May 16, 2024
Dear Planning and Community Development
We are applying for height variance on behalf of Clay and Shannon Dugas. The
Dugas' intentions for the secondary structure on their property is for storage
including larger vehicles, lawn equipment, and personal property which they
currently do not have.
The significant financial burden to amend the eave height by 3-7" to be in
compliance with the City Ordinance would be estimated at $56,676.92 for the
following items
1. $22,957-00- sectional doors designed for current eave height
2. $18,500.00- Labor to uninstall and reinstall, field fabrication
3. $2,750.00- additional month of rental of forklift and scissor lift
4. $12,469.92- new framing material to include: (8) main frame columns 1(2) wind
bents, door jambs and headers, engineering, drafting, detailing and fabrication
The Dugas'take pride in their property aesthetics and have chosen colors to
blend with the surrounding greenery (forest green wall color) and trim colons in
neutral earth tones to complement their home for a cohesive look; They also
chose to have eave extensions with soffits for a residential look. Striving to be
good neighbors they intend to perform regular maintenance and upkeep as they
do with all current structures.
Thank you
Tate Floyd
Owner
Better Built Metal Buildings
1O383Hwy 12.Ste. 116° Orange,T&77O82
Phone: 4OQ-745-325O°Fax: 4O8-745-1255
0fficeQbbmbtx.com
Contacts:
Clay Dugas
409-813-1111
dugas@claydugas.com '
Better Built metal Buildings
Tate Floyd
Cell:409-734-7957^
Office: 409-745-3256
office@bbmbtx.com
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File PZ2024-142: To consider a request for a Variance to the maximum building
height requirements for an accessory building in a residential zoning district.
Applicant: Tate Floyd
Location: 4420 Calder Avenue