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Home My WebLink About05-02-24 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT May 2, 2024 Council Chambers, 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 Dana Timaeus Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Alternate Board Member Steve Lucas Board Members absent: Board Member Jeff Beaver Board Member Joey Hilliard Also present: Elayna Luckey, Planner I Susan Smith, Recording Secretary Tyraan Albert, Zoning Technician APPROVAL OF MINUTES Alternate Board Member Jones moved to approve the minutes of the April 4, 2024 meeting. Board Member Rowe seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:05 p.m. PUBLIC HEARING 1) File PZ2024-82: To consider a request for a Variance to the minimum side yard setback requirements in a commercial zoning district Applicant: Luis Alfaro Location: 3735 Natalie Street BOARD OF ADJUSTMENT May 2, 2024 $ Mrs. Luckey presented the staff report. Luis Alfaro is requesting a variance for the property located at 3735 Natalie Street. Section 28.03.024(b)(2) of the City of Beaumont Code of Ordinances District area and Height table provides a minimum side yard setback requirement of five (5) feet for properties abutting other commercial zoning districts. The applicant requests the required side bJ\[M!\\N\]KJLT!KN!\[NM^LNM!O\[XV!/f!\]X!+f!\]X!JUUX`!OX\[!JW!JMMR\]RXW!LXW\\\]\[^L\]NM!`R\]QX^\]!\]QN!KNWNOR\]!XO! an approved Building Permit or Variance, to remain. 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 YRNLN!XO!Y\[XYN\[\]b!RW!Z^N\\\]RXW)!!dGWWNLN\\\\J\[b!QJWMRLJYe!\\QJUU!VNJW!YQb\\RLJU!QJ\[M\\QRY! relating to the property itself. The following may also be considered when determining d^WWNLN\\\\J\[b!QJWMRLJYe3 (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 O\[XV!\]QN!JYYURLJW\]f\\!X\[!Y\[XYN\[\]b!X`WN\[f\\!X`W!JL\]RXW\\4! 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 three (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 followed concerning specifics of the request. The applicant was present. Luis Alfaro, 1420 Hazel Avenue, Beaumont, Texas addressed the Board with the translation assistance of Molly Villarreal. Mr. Alfaro stated that he is the owner of the property and does not currently live in the house He further stated that he was unaware that a permit is required until he received notice to either remove the structure or request permission from the Board for the structure to remain. Mr. Alfaro also stated the he 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 Timaeus 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 minimum side yard setback requirement to be reduced from /f!\]X!+f!\]X!JUUX`!OX\[!JW!JMMR\]RXW!LXW\\\]\[^L\]NM!`R\]QX^\]!\]QN! benefit of an approved Building Permit or Variance, to remain, for property located at 3735 Natalie Street, as requested in File PZ2024-82. Alternate Board Member Lucas seconded the motion. A roll call vote was taken. Chairman Timaeus-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 PZ2024-87: To consider a request for a Variance to the minimum setback requirements for a swimming pool in a residential zoning district Applicant: Thomas Schroeder Location: 3450 Pond Circle Mrs. Luckey presented the staff report. Thomas Schroeder is requesting a variance for the property located at 3450 Pond Circle. Section 28.04.008(3)(B) of the City of Beaumont Code of Ordinances A pool may be located anywhere on a premises except in the required front yard, provided \\\]J\]N\\'!d that the pool shall not be located closer than five (5) feet to any property line of the property on ?12-1!36-+</.B )!FQN!JYYURLJW\]!\[NZ^N\\\]\\!\]QN!\[NZ^R\[NM!\\N\]KJLT!\]X!\]QN!YXXU!KN!\[NM^LNM!O\[XV!/f!\]X!-f/e)! 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; 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 mean physical hardship YRNLN!XO!Y\[XYN\[\]b!RW!Z^N\\\]RXW)!!dGWWNLN\\\\J\[b!QJWMRLJYe!\\QJUU relating to the property itself. The following may also be considered when determining d^WWNLN\\\\J\[b!QJWMRLJYe3 (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship V^\\\]!WX\]!\[N\\^U\]!O\[XV!\]QN!JYYURLJW\]f\\!X\[!Y\[XYN\[\]b!X`WN\[f\\!X`W!JL\]RXW\\4! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Thirty-three (33) notices were mailed to property owners within two hundred (200) feet of the subject property. One (1) response 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 green 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 VRWRV^V!\\N\]KJLT!\[NZ^R\[NVNW\]\\!O\[XV!-f/e!\]X!-f!\]X!JUUX`!OX\[!N\[\[X\[!RW!LXW\\\]\[^L\]RXW!XO!\]QN!\\`RVVRWP! pool 4 BOARD OF ADJUSTMENT May 2, 2024 $ Alternate Board Member Lucas moved to approve an amended request for a Variance to reduce the minimum side yard setback requirement to be reduced from 53to allow for a swimming f!\]X!f! pool along the property boundary that borders a common area in a residential zoning district for property located at 3450 Pond Circle, as requested in File PZ2024-87. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Timaeus-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. OTHER BUSINESS Chairman Timaeus moved to discuss an unposted item. City Attorney Reed stated that the unposted item cannot be discussed. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:31 P.M. 5