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Home My WebLink AboutJuly 2024 BOA Packet*AGE Pv C A* BOARD OF ADJUSTMENT City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing The meeting will also be broadcasted on the City's YouTube channel: https-//www.youtube.com/channel/UCnY6nNk8zfXZulMglzbwE *A G E N D A * Pn.' ra.' APPROVAL OF MINUTES Approval of the minutes of the meeting held June 6, 2024. SWEARING IN OF WITNESSES PUBLIC HEARING 1\File :Toconsider arequest for aVariance tothe minimum front yard setback requirements in a residential zoning district. Applicant: KentUoUier Location- 3985 Broadmoor Drive 7\ Toconsider arequest for aVariance tothe landscaping irrigation requirements in an industrial zoning district. Applicant: Keene Wilson Location: 1795 Interstate 10East 31 Toconsider arequest for aVariance tothe minimum front yard setback and pavement setback requirements in a residential zoning district. Applicant: ]uenEscoto 4) :Toconsider arequest for aVariance iothe minimum rear yard setback requirements in a commercial zoning district. Applicant: HaniTohrne Location : 3310 Concord Road 5)File :Toconsider arequest for aVariance bothe minimum side yard setback requirements in a residential zoning district. Applicant: johnUnnbrick Location. 2G8ODauphine Place OTHER BUSINESS Anl/-.mm Persons with disabilities who plan to join this meeting and who may need auxiliary aids or M I N U T E S BOAR-D OF ADJUSTMENT ,lune 6, 2024 Council Chambers, City Hall, 801 Mahi Street, Beaumont, Texas A meeting of the Board of Actiustment was held On JUne 6, 2024 and called to order at 3:00 p.m. with the following members present: Chairn-.an Dana Timaeus Board Member Joey Hilliard Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones, Alternate Board Member Steve L-Licas Board Members absent: Board Meniber Jeff Beaver Also present: Elayna Luckey, Planner I Susan Smith., Recording Secretary APPROVAL OF MINUTES Alteriiate. Board Member Lucas moved to approve the minutes of the May 2, 2024 meeting. Board Member Hilliard seconded the motion. The motion to approve the minutes carried 6:0. SWEARIN(-I'f IN OF WITNESSES All witnesses were sworn in at 3:03 pm. PUBLIC HEARING 1) File PZ2024-,1231-6 Applicant: To consider proposed amendments to Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances City of Beaumont Chairman Timaeus explained that the amendment is being re- quested due to a typographical error. Board Member Rowe moved to approvc the request for amendments to Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances, as requested in File PZ2024-123. . BOARD OF ADJUSTMENT June 6, 2024 Board Member Hilliard seconded the motion. The motion to approve the request carried 6:0. 2) File PZ2024-13 1: Applicant: Location: To consider a rcqucst for a Variance to the minimum side yard setback requirements in a residential zoning district Laquinta Grccn 2830 San Antonio Street Mrs. Luckey presented a summarization of the requested action and the Board accepted the written staff report as being admitted in the record of the Board. Laquinta Green is requesting a Variance to the mininium side and setback requirements in a residential zoning district to be reduced from 5' to 2' to construct an addition at the rear of the existing structure for property located at 2830 San Antonio Street. "I'wenty-one (21) notices were mailed to property owners within two hundred (200.) fcct of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. Slides of the subject property Lind site plan were shown. The applicant was present. Laquinta Green, 2830 an Antonio Street, Beaumont, Texas addressed the Board. She stated that her husband recently purchased the property and would like to add an additional room at the rear of the home. Board Member Hilliard n-loved to approve a request for a Variance to the minimum side and setback requirements in a residential zoning district for property located at 2830 San Antonio Street, as requested in File PZ2024-13 1. Board Member Rowe abstained from voting for this item as he has surveyed the subject property. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Tiniaeus-Aye; Board Member Hilliard -Aye; Board Member Sorrell -Aye; Alternate Board Member Jories-Aye; Alternate Board Member Lucas -Aye. The motion to approve the request carried 5:0. 3} File PZ2024-132: Applicant-. Location: To consider a request for a Variance to the minimum rear yard setback requirements in a residential zoning district Rolando Carbajal 4175 Ironton Avenue Mrs. Luckey presented a summarization of the requested action and the Board accepted the written staff report as being admitted into the record of the Board. 2 BOARD OF ADJUSTMENT hine 6, 2024 Rolando Carbaj,al is requesting a Variance to the rear yard setback requirements to be reduced from 25' to 5' to accommodate the construction of an addition completed without the benefit of an approved building permit for property located 4175 Ironton Avenue. "I'Nvcnty-two (22) notices were inailed 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 followed concerning specifics of the request. A repreSeDtative of the applicant was present. Viviana CarbaJal, 4175 Ironton Avenue, Beaumont, Texas addressed the Board. She stated that her husband is the owner and did not k-now that a permit is required to construct an open patio. Mrs. Carb"01 further stated that her husband and his friends constructed the patio. Further discussion followed concemillg placement of the patio on the property. Alternate Board Member Lucas moved to approve a rcquest for a Variance to the inininium rear yard setback requirements in a residential zoning district for property located at 4175 Ironton Avenue, as requested in File PZ2024-132. Board Member Sorrell seconded the n-notion. A roll call vote was taken. Chairman Timaeus-Aye; Board Member Hilliard -Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye; Altcmate Board Member Lucas -Aye, Alternate Board Member Jones did not enter a vote for this agenda item. The motion to approve the request carried 5:0. 4) File PZ2024-136: To consider a request for a Variance to the minimuni side yard setback and pavement setback requirements in a commercial zoning district Applicant: Richard Daleo and Chris Daleo Location: 5975 Highway 105 Mrs. Luckey presented a suinniarization of the requested action and the Board accepted the written staff report as being admitted into the record of the Board. 0 Richard and Chris Daleo are requesting a Variance to the side yard setback requirements be reduced from 5' to 0.73' and pavement setback requirements be reduced from 2' to 0' to allow reconfiguration of an existing carwash for property located at 5975 Highway 105. Eight (8) notices were inailed 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. 3 BOARD OF ADJUSTMENT hine 6, 2024 Slides of the subject property and site plan were shown. The applicant was present. Rick Daleo of Dalco, Car Wash, LLC, 798 Countrywood Circle, our Lake, Texas addressed the Board. He stated that the carwash is a family business that was coiistructed. in 1977 with t1iree previous remodels. Mr. Kelso further stated that the structure will be converted to a single twinel carwash. Further discussion followed concerning the layout of the proposed conversion and location of the current driveway. Board Member Hilliard moved to approve a request for a Variance to the mininium side yard setback and pavement setback requirements in a commercial zoning district for property located at 5975 Highway 105, as requested in File PZ2024-136. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye; Board Member Hilliard -Aye; Board Member Rowe -Aye, Board Member Sorrell - Aye, Alternate Board Member Jones -Aye. Alternate Board Member Lucas did not enter a vote for this agenda Item. The motion to approve the request carried 5:0. 5) File PZ2024-142-. 'I"o consider a request for a Variance to the maxinium building height requirements for an accessory building in a residential zoning district Applicant: Tate Floyd Location: 4420 Calder Avenue Mrs. Luckey presented a summarization of the requested action and the Board accepted the written staff report as being admitted into the record of the Board. Tate Floyd, on behalf of Clay Dugas, is requesting a Variance to the n-taximuni building height allowance for an accessory building to be increased from 20' to 24' for property located at 4420 Calder Avenue. Twenty-six (26) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were recelved in favor and three (3) were received in opposition, with one (1) response containing no comments. Mrs. Luckey read the two (2) responses in opposition. Slides of the subject property and site plan were shown. It Mrs. Luckey noted the accessory structLire received a building permit, however upon inspection, it was revealed that the structure exceeded the permitted building height of an accessory structure 4 BOARD OF ADJUSTMENT June 6, 2024 Brief discussion followed concernIng the setbacks of the strUCtUre being in compliance witli City codes. The orientation of the structure on the property was also discussed. The applicant was present. Tate Floyd, 10383 Highway 12, Suite 116, Orange, Texas addressed the Board. He stated that lie is the contractor for Mr. Dugas. Mr. Floyd further stated that the storage building garage has a 20' cave height with a pitch to give it a residential appearance. Mr. Floyd also stated that the colors are matched to the primary residence, along with nature. He further stated that he was not aware of the 20' height requirement when requesting the permit. Mr. Floyd also stated that the building is over 75% complete. He ftirther stated that the structure location was selected in order to preserve oak trees on the property. Property Owner Clay Dugas, 4420 Calder Avenue, Beaumont, Texas addressed the Board. Mr. Dugas presented photos to the Board (Exhibit A). He stated that he has resided at the property for 12-13 years and wished to replace storage containers with a storage building/garagc structure. Mr. Dugas also stated that he would like to resolve the situation in order to not have conflict with any of his neighbors. He ftirther stated that the cost to reduce the height of the structure is $56,000, which lie would prefer to donate the money to charity. Mr. Dugas also stated that he has spent a large swu of money to maintain the Property and took care in selecting the colors, etc. of the structure. Bornile Spotts, 695 Thomas Road, Beaumont, Texas distributed to the Board a written response to the Notice of Public Hearing (Exhibit B). Courtland Spotts, 695 Thomas Road, Beaumont, Texas addressed the Board. He stated that he is co-owner, with Bonnie Spotts, of 695 Thomas Road. Mr. Spotts provided a synopsis of events, froin his point of view, and referenced the written response to the Notice of Public Hearing distributed to the Board by Ms. Spotts. Mr. Spotts dcscribed a number of instances where lie contacted the City regarding the structure, indicated his inother called Councilman Mike Getz to get the work to stop. I Ie indicated that the building violatcs the deed restriction, to which Chairman Timaeus stated the Board can not make decisions on those. He ffirther stated that his property value Neill be depreciated due to the storage building/garage. Chairman Timaeus noted that the Board can only make a determination regarding the request to the height requirement. Discussion followed relating to the proximity of the structure to the property line. Bonnie Spotts, 695 Thomas Road, Beaumont, Texas addressed the Board. She expressed concems relating to the height of the structure. Ms. Spotts further stated that her property value will be depreciated due to the structure. She also stated that it is an undue burden to attempt to camouflage the building and it could possibly present a drainage issue. Kristi Shade, 190 E. Circuit Drive,, Beaumont, Texas addressed the Board. She presented cell phone photos to the Board. City Attorney Reed instructed Ms. Shade to elliail the photos to staff 5 BOARD OF ADJUSTMENT hnie 6, 2024 in order that they may be entered as evidence As of 6/18/24 no cmail has been received by Plaruling stafo. Ms. Shade stated that any landscaping planted to camouflage the strUCtUre Will eventually grow into overhead powerlines so they couldn't plant anything to hide It. Kelly Sauceda, 170 E. Circuit Drive, Beaumont, Texas addressed the Board. She stated. concerns relating to size of the stmeture and its garage doors. Ms. Sauccda further stated that the building will depreciate her property value. She also stated that she would like to email photos to staff. City Attorney Reed advised Ms. Sauccda that photos must be shown or submitted to the Board during toddy's meeting in order for them to be included in the City Council packet. She had nolle to present during the meeting. Larry Shade, 190 E. Circuit Drive, Beaumont, 'Texas addressed the Board. He stated that the structure dominates his backyard and will depreciate the value of his property. Mr. Shade also stated that lie would like Mr. Degas, to plant trees to hide the StrUcture. Brody Pierce, 180 E Circuit Drive, Beauniont, Texas addressed the Board. He stated that the building obstructs the view from his backyard and rcducing the height will provide a better view. I'lie applicant was given an opportunity to speak in rebuttal. Mr. Floyd stated that the height and size of the structure was included in the original permit request. Ile indicated that the new online submittal system is difficult to work and that the days of speaking to somone to get a permit are over. He Rirther stated that the revision submitted to City staff only applied to the placement of the structure on the property and that the height request did not change. Mr. Floyd also stated that the ea height is 20 " and was unaware that there was a restriction of the overall accessory building height. He further stated that power lines should be replaced and that placement design of the structure allows for proper drainage. City Attorney Reed clarified that her office does not issue Stop Work Orders, it is determined and issued by the Building Official. She fw1hcr stated that although the City has moved to an electronic system, builders/contractors can attend routine construction meetings that are held in the Building Official's Office, and that staff is always available in person for any questions developers may have. The Board again allowed citizens to speak in favor or opposition of the request. Courtland Spotts, 695 Thomas Road, Beaumont, Texas again addressed the Board. Issuance of the permit was discussed, along with City ordinance relating to accessory buildings. Mr. Spotts was advised that the applicant is in compliance with setback requirements and the only issue the Board can take into consideration is a Variance for the height of the accessory building. Bonnie Spotts, 695 'Thomas Road, Beaumont, Texas addressed the Board. City ordinance relating to accessory building height and setback was discussed. Ms. Spotts was advised that the applicant is in compliance with setback requirements and the only issue the Board can take into consideration I BOARD 01A" ADJUSTM ENr F June 6,2024 is a Variance for the height of the accessory building. She ftirther stated that she feels the permit was wrongfully issued and the Variance shOUld not be granted. City Attorney Reed stated that the purpose of the Board of Ad ustment is to interpret City codes, j determine if an applicant qualifies for a Variance, and to make a recommendation to City Council. She also reminded the Board that they are not allowed to consider extenial factors such as deed restrictions or the penalties for such and are bound by obligations that are before them. Kelly Saueeda, 170 E. Circuit Drive, Beaumont, Texas addressed the Board. The accuracy of the site plan was discussed. Ms. Sauceda stated that the accessory building is located closer to three homes on E. Circuit Drive than it is to the property owner's home. The property owner was given an opportunity to speak in rebuttal. Mr. leas stated that lic agrees to camouflage the building. He further stated the he is entitled to the Variance, but. would rather not have his neighbors upset. Mr. Dugas also stated that lie has played by the rules and is trying to view the situation from the neighbor's perspective. Mr. Degas f-Lirther stated that he would rather spend the $56,000 required to lower the roof on something that the neighbors would appreciate, such as donating the money to charity. Ile also stated that although he is legally entitled to the Variance, he would like to withdraw the request and will lower the building height. The request for a Variance to the maximum building height requirements for an accessory building ire a residential zoning district for property located at 4420 Calder Avenue, as requested in File PZ2024-142., was withdrawn by property owner Clay Dugas. Chairman 'Tiniaeus stated that property owner, Clay Dugas, has agreed to withdraw the request and the property owner instrLICtCd the applicant, Tate Floyd, to subinit a written confirmation to the Planning Department stating that PZ2024-142 is withdrawal. The Board accepted the withdrawal and did not vote oil this item. OTHER BUSINESS None. 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'y•#A'.' _ + * Y• , T� - '� �! �W r. ,�� 54 d _ , a +AlOf ° sb y F Y • r '* . - .'. • + � i` -.` e1'; a ,. _ : 'fit i ^r , .-y re* + '� % •. 5 +y '' - 6a + _ _ r r F+ ,ar' + �. r*, , `'` y " • k+. _ 1' , •;lr ' ; YI6. _ _ + - ' •r ' a .. , ' I `5.a. i �, +,N r + �: .y. , +''# -'.r : '.ft -.r -',r It`iT i 1r ^ } .-r �: + Y * 4 , � ► �` i � . i � �' f � ■ • - - a ... 'r.. Y s � + ay's ■ r iJ „i , . � .E % . � Aw ,¢ ,+.. :r 1 Planning Division PO Box 3827 Beaumont, TX 77704 Re: File: 2024-142 To Whom It May Concern: Spotts 695 Thomas Road Beaumont, TX 77706 June 6, 2024 I. INTRODUCTION Please accept this written response to the Notice of Public Hearing received regarding File No, 2024-142. The Notice indicates the request and/or purpose of this Public Hearing is "[flo consider a request for a Variance to the maximum building height requirements for an accessory building in a residential zoning district"; however, the foregoing request and/or purpose is inaccurate and misleading. The following illustrates the numerous infractions related to the requested variance: If this structure is allowed to remain at its present location, it will diminish my property value as well as the enjoyment of my property. Had this structure been in its present location a year ago when I looked at this house, I would not have bought it. I believe it will make the property difficult to sale and hurt its resale value. 11. ARGUMENTS AND AUTHORITIES A, THE VAL AINCE REQUESTED SHOULD BE DENIED BECAUSE THE ACCESSORY BUILDING WAS CONSTRUCTED WITHOUT A VALID PERMIT. The requested variance should be denied because the accessor-y building was constructed without a valid permit in violation of § 28of the City of Beaumont Ordinance. On March 16, 2024, a permit was issued and construction began; however, a revised site plan was submitted to the City of Beaumont after construction. began. The revised site plan was not approved by the City of Beaumont and does not comply with the height or area restrictions required by the City of Beaumont Ordinances. &e Exhibit A. (a) Enforcement: The provisions of this chapter shall be administered and enforced by the planning director or his designee. Each application for a building permit shall be accompanied by a site plan in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building EXHIBIT "231 and/or structure to be erected, and such other information as may be necessary to provide for the enforcement of this chapter. (b) VIMations and penalties. Any person, firm, corporation or entity that violates or assists in the violation of any of the provisions of this chapter or fails to comply with any of the requirements thereof, or who shall build or alter any building or use in violation of any plan or permit submitted and approved hereunder, shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 1.01.009 of the Code of Ordinances of the city. Each day such a violation exists shall constitute a separate offense. Under § 28.02,002, "'No building permit shall be issued, or public utilities extended or connected to a building or structure unless the application for the building permit provides compliance with the building code, fire code, zoning code, subdivision code and other applicable codes of the city.5� (Ordinance 81-17, sec. 1, adopted 3/10/81, ; Ordinance 92-62, sec. 6, adopted 8/11/92 ; 1978Code, sec. 30-35) The owner of the subject property is a smart lawyer who is well aware of what the city code says. He just doesn't give a damn. We believe the city owes due diligence to protect the property rights and values of all citizens equ . ("Do not perverijustice; do not shoity parlialit j� to the poor or favorili,sin to the ;eal bu1judge j�our neighborfairl);' Leviticus 19:150; ("No man is above the lain and no man is lore) it: or do ire ask anj� man's permission uphen rile ask him to obey il. Theodore Roosevelt Jr). B, THE VAI AINCE REQUESTED SHOULD BE DENIED BECAUSE THE ACESSORY BUILDING DOES NOT QUALIFY FOR AN AREA OR HEIGHT EXCEPTION. The requested variance should be denied because the accessory building does not qualify for an area or height exemption under the City of Beaumont Ordinance No.24-015 adopted March 19, 2024. Under §28.03.024(c)(1) [District area and Height Regulations]: (1) In residential districts one-story, unattached accessory bididings or structures less th an twenty aOJ feet in he may be located to within two and one-half (2- 1/2) feet from an interior side yard or rear yard property line provided they are located in the rear yard or as close to the rear yard as existing utility easements wi 11 permit.. M" § 28.03.024 Districl area and Height Regulations The above -referenced Area and Height exemption does not apply to the unattached accessory building made the basis of this Public Hearing because the unattached accessory building 'is not less than 20 feet in height. Therefore, the unattached accessory building does not qualify for the exemption that would allow the building to be located within two and one-half (2-1/2) feet from the interior side yard or rear property line. Furthermore, the Area and Height exemptions do not apply to the unattached accessory building made the basis of this Public Hearing because the unattached structure does not qualify for the twenty -five-foot rear yard setback to be reduced to a InininIUM of fifteen (15) feet. Under §28,03.024(c) (17) (q) (b) Distrid area and Height Regulations -, In a [Residential District] the twenty -five-foot rear yard setback may be reduced to a minimum of fifteen (15) feet provided no accessory buildings of any type shall be permitted to be located in the reduced rear yard, unless: (A) The width of the rear of the main structure that is closer than twenty-five (25) feet to the rear property line or lines in the case of a five -sided lot which has two (2) rear lot lines) is less than fifty (50) percent of the width of the rear property lines; and (B) The accessory building is not located in the space behind the portion of the structure that is less than twenty-five (25) feet from the rear property line. Here, the Area and Height exemptions of §28.03.024(c)(17)(a)(b) do not apply because the required elements of 'A' and 'B' have not been satisfied. First, the width of the rear of the main structure is not closer than twenty-five feet (25) to the rear of the property line. As a result, element 'N is not satisfied. Second, element 'B' is not satisfied because the unattached accessory building is not located in space behind the portion of the structure less than twenty-five (25) feet from the rear property line. Since the two requ i rements outlined above have not beery satisfied, the Area and Height exceptions do not apply to the unattached accessory building. Therefore, the hventy-five- foot rear ya'rd setback should not be reduced. C, THE VARIANCE REQUESTED SHOULD NOT BE GRANTED BECAUSE NEIGHBORING PROPERTY OWNERS DID NOT RECEIVE NOTICE OF SPECIFIC USE PERMIT & THE CONDITIONS FOR OBTAINING A SPECIFIC USE PERMIT K"E NOT BEEN MET § 28.04.001. Specific use permits. (a) This section provides the city council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the use's relationship to the comprehensive plan, or possible adverse impact on and exercise of planning dudgment relative neighboring properties of the use, review, evaluation', to the location and site plan of the proposed use are required. No rezoning request for a district change shall be denied on the basis that the request would be favorably received if reapplication was made for a specific use permit. No specific use permit should be considered in this case because the placement of the unusually large structure is injurious to the use and enjoyment of neighboring properties, and such structure, if allowed, will diminish or impair property values within the immediate vicinity. Further, there is insufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Due to the height of the proposed structure and its remarkably close proximity to the fence of the neighboring property, it is unlikely that any landscaping or screening can be found which could camouflage this imposing structure. &e Exhibit B. Should the requested specific use permit be granted, an undue burden will be placed upon neighbors who will then be forced to try to mask the intl'LlSiOn of this facility at their own expense to mitigate the loss in curb appeal and property value that will be caused by this structure. (e) Conditions for approval. A specific use permit shall be issued only if all of the following conditions have been found: (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; (2) That the establishment of the specific use will not impede the normal and orderly development and improvement of Surrounding vacant property; (3) That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; (4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; (5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; (6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties-, (7) That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; and (8) That the proposed use is in accordance with the comprehensive plan. D. ANY BUILDING PERMIT OR SPECIFIC USE PERMITTED FORMERLY GRANTED TO THE BUILDER (CLAY DU AS SHOULD RE REVOKED BECAUSE SAME WAS OBTAINED BY FRAUD. (h) Revocation. A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons: (1) The specific use permit was obtained or extended by fraud or deception; or (2) That one or more of the conditions imposed by the permit has not been met or has been violated. The documentation presented to the City in support of the building permit request did not accurately reflect the intentions of the builder (Dugas). In fact, Dugas submitted an application for a building permit, and after receiving same, went on to build a structure that did not comply with the permit. Submitting a request for a building permit using one set of facts and drawings, then going on to build something entirely different is deceptive on the part of the builder and is tantamount to fraud. Therefore, any permit heretofore granted. should be REVOKED. The Code further states: Amendments: The specific use permit may be approved IF it does not result in any increase in external impact on adjacent properties or neighborhoods. Again, this permit should not be granted because it DOES result in an increase of the external impact on the adjacent property and the neighborhood. 28.04.008 Special Conditions (8) Private Recreation facilities shall not be located within 25 feet of any street right-of-way or within ten (10 ft) of any abutting property line. Activity areas shall be fenced and screened from abutting properties The Dugas structure is in violation of 28.04.008 because it lies about 2 feet from an abutting property line and is not screened. 111. REQUEST FOR RELIEF Neighboring property osiers, Bonnie Spotts and Couilland Spotts, respectfully request that: Any building permit previously granted based upon the submittal of inaccurate and fraudulent information BE REVOKED; 0 Builder Clay ugas be issued a misdemeanor citation along with the appropriate fine and that such fine shall be charged for every day the property owner remains out of compliance with the law as provided in section 1.01-009 of the Code of Ordinances of the city. Each day such a violation exists shall constitute a separate offense, 0 Any application for VARIANCE be DENIED because the specific use is incompatible with and injurious to the use and enjoyment of other neighboring properties, and because such variance will allow construction of a structure that will significantly diminish or impair property values of others within the immediate vicinity 0 Any application for a specific use permit be DENIED because Dugs has not met conditions (1) and (7) of the Code. 0 Any request for variance for special conditions be DENIED because et as' private recreational facility is within 10 feet of abutting property lines and the facility is not screened from abutting properties in violation, of 28.04.008 Svecial Conditions (8). 6 Any request for variance under 28.04.008 (19) Residential care uses, be DENIED because adjacent property owners were not given notice of such request. 0 Clay Du as be required to move or alter his structure to comply with all codes of the City of Beauniont, or to remove salki structure altogether. Respectfully submitted, Courfland Stotts B30pullielispot rs 695 Thomas Road Beaumont, TX 77706 0 a C.) CL MA, L.L c 0 CL Gr > CL lu c E 0 c :I 0 0 E I? c 0 0 1 M 0 -* t C.4 o o CA sc E u:, 0 Vo 4-0 CL C: 0 0 E C: 0 na, 0 V) 4p 2L V; CL 0 0 0 Jc- 0 V) Z, c E 0 C) x cr) CO 0 0 op cr) co V7 (n 4� U) co Cl co 0 Do GO 0') CD CL EXHIBIT A l �-P �. I �; iy M 1 • - ore EXHIBIT rf ' r�R F# r bf 11 ,F , � f .� 1 - �.. 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F DATE: July lI,ZO24 TO: Board of Adjustment FROM: Elayna Luckey, Planner I SUBJ ECT: To consider a request for aVariance to the minimum front yard setback requirements in a residential zoning district. FILE: PZ2024-149 STAFF RFPORT Kent Hollier is requesting a Variance to the minimum front yard setbackforthe property located at 3985 8roadmoorStreet. The property is zoned R-S (Residential Single -Family Dwelling) that requires am|n\mum front yard setback of 25". The applicant is seeking to reduce the setback requirement from 25" to 14'to construct acarport. The applicant shall have the burden ofproof todemonstrate 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 enforosmentofiheordinancewiUresult1nunnecessan/hordshlpbecauseof exceptional narrowness, shallowness, 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. The following may also be considered when determining "unnecessary handicap" (i)The cost of compli ance with thezon|ng ord)nance is greaterthanf ifty(50) pe rce nt of t he appraised value ofthe structureasshown onthe most recent certified appraisal roll; UilCompliance would result |neloss tothe lot onwhich the structure islocated ofuileast twenty-five (25) percent of the area on which development may physically occur; 0UCompliance would result inthe structure not incompliance with erequirement ofanother city ordinance, building code, orother requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or () The city considers the structure iobeanonconforming structure. Asdistinguished from ahardship relating to convenience or caprice.,and the hardship must not result from the applicant's or property owners own actions; {] That bvgnantingthe Vadonme,the sp|ritofthe ord|nanoevvU|beobservzdandsubstant|a|]ustice Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 28 Responses in Favor . Responses in Opposition _. LEGAL DESCRIPTION Being all of lot 11, Block S, Colonial Manor Addition Beaumont, Jefferson CounLy, Texas containing 0.178 acres., more or less. GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: LOCATION: EXISTING ZONING*. PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: Kent Hollier Billy Douglas 3985 Broadmoor Drive R-S (Residential Single -Family Dwelling) ,'%'0.178 acres Residential X — Area determined to be outside the 500- year flood plain NORTH: Residential R-S (Residential Single -Family Dwelling) EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSlVE PLAN: STREETS: WATER: Stable Area Broadnnoor Drive — Local Street with a 60' right-of-way and 26' pavement width. Curb and gutter. "water line on Broadmoor Drive. 61) sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN 2001 MARTINEZ ARMA N D O ILLAREAL LEN RA & WASHIN TON RLNITA B DOCKENS J HN PAUL & KRYSTI KAY MARTIN LAN NY JASO N & AlMEE WISE SH 0 N LEE TESTAMENTARY TRUST, COMPASS BANK TRST HARRISON ANDERSN DALE & PREDEV REALTY LLC WILLIAMS AMANTHIA AUGUST EMMA C WISE SHN LEE ASAWAY TO NJA DUGLAS BILLY SR & MARARET GOLDEN TRIANGLE INVESTMENTS LP WISE SH N LEE GOETZ HELMUT H FOXWORTH LINDA L NIT ALF R D FAMILY LP KING AUTREY PARSEY RENTAL LLC LOPEZ E RGE LOUIS WISE SHON LEE TESTAMENTARY TRUST, COMPASS BANK TRST CUY ALEX ROLANDO & CAR LINA MOCK INVESTMENTS LLC PON FICK JAMES A ENGLISH VERNON W JR TAYLO R SYBILJ.EWE L N RRIS LARRY J HN BEAT! MO NT Planning & Community Development Case Type -,Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: variance Case #: PZ2024-149 Initiated Oil: 5/2412024 11 #23:56AM Location: 3985 BROADM OOR DR, BEAUMONT, 77707 Individuals listed on the record: Applicant kent hollier 6650 hwy 69s beaumont, TX 77705 Property Owner Home Phone: 4096513063 Work Phone: Cell Phone: 4099638069 E-Mail: ckh1234@aol.c.om billy douglas Home Phone- 4096513063 3985 broadmoor Work Phone: Beaumont, TX 77702 Cell Phone: 4094998533 E-Mail: mad.douglasl@gmall.com Legal Description Type of Variance: That the granting of the variance will not be contrary to the public interest That literal enforcement of the ordinance will result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Case Type: Planning and Zoning Case #: PZ2024-149 Being al I of lot 11 3 Block 5, Colonial Manor Addition Beaumont, Jefferson CBunt r, Texas, contain 1 ng 0.1acres, m ore or less. Variance No, I don't think so others have it in area. No, not in my opinion. Yes still in side of property to cover their truck. Page 1 of I Printed On: 5/3012024 TRYING TO CET A PERMIT FOR A CARPORT FOR BILLY DOU LAS AT 3985 BROADMOOR IN BEAUMONT HIS E-MAIL IS MAD. D UG 1@GMAIL.CO IS PHONE # IS 409-499 8533 IAM KENT H LLIER WITH ALL 'Ili I HT CONSTRUCTION MY E MAIL IS CKH123,4@AOL.COM MY CELL # is 409 719 2919 carport is 14' wide and 1 ' deep attached to ere of house there are many carport next door and all through the neighborhood hborhood that have carports that are closer to property line then what Mr Douglas is trying to do PLEASE SEE ATTACHED DRAWING FOR SPECS THANKYOU E T HOLLIER 409 719 2919 CELL �.. � r �r�{' � '*- � �^:4�-�� ' _ � _: . ... - s�--r T' T aft-a'�'�'.�y�a1G-- •- .. '- � , FIL �v �co ~�Ei v # S d of olOL 3MI St �s S hl � "� n, #, 2: +,'00 si a Koil 00 N Ego i IOLtr',:, _ Id wcc; O'd i f4 1 ... r en a. tof'�! . FL J �I 'Y +;7 fef L ;may W -, �r j i*.a + `4��a c p � } L. �1ere 1 17-2 I No fca�.er, of.,, t k P _1 : To consider a- request for a Variance to the r rnIMUM front yard setback r quir mnt in a residential zoning district,, ► pli rat: Kent ll r Location: 3985 Broadmoor Street 100 I I I Feet DATE: July 11, 2024 TO: Board ofAdjustment FROM: ElavnaLuckev Planner S U BJ[CT: To consider a request for aVariance to the landscaping irrigation requirements for an industrial zoning district. FILE: PZ2024'152 STAFFRFPDRT Keene Wilson isrequesting aVariance tothe landscaping and irrigation requirements for the new fifteen thOLIsand (15,000) square foot industrial development proposed on property located at 1795 Interstate 10 East. Developments larger than three thousand (3,000) square feet, require an autornatic irrigation system to provide complete coverage of required screening landscaped areas. In orderto meet minimal landscaping requirements,, the applicant is seeking to install black lava rock and blue agave cacti in place of traditional sod and bushes aorequired within our adopted Landscaping and screening ordinance. The irrigation system would not be needed to maintain the lava rock and cacti, therefore the applicant is seeking to omit the irrigation requirement within the ordinance aswell. 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 ofthe ordinance will result >nunnecessary hardsh|pbecauseof exceptional narrowness, shallowness, shape topography orother extraordinary orexoeptiona) physical situation or hardship physical condition unique tothe 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 recent certified appraisal roll; (il)[ompliance would result inaloss 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 )nthe unreasonable encroachment onanadjacent property or easement; or (v)The city considers the structure tobeanonconforming structure. Asd�t�gu�hedfrom aheobhipne�dngtoconvenience orcapr�e and the hardship must not result C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 17 Responses in Favor , Responses in Opposition - 11 LEGAL DESCRIPTION Being Tract A,. B and Q, Blocks 5 and 6, McFaddin Heights Survey,, Beaumont,, Jefferson County,, Texas, containing 3.6685 acres, more or less. GENERAL INFORMATIONIFRUBLIC UTILITIES PROPERTY OWNER: SOUTH: commercial WEST: Commercial COMPREHENSIVE PLAN: DRAINAGE: WATER: SANITARY SEWER SERVICE: Keene Wilson Tiger Industrial —The Modern Group 1795 |ntcnstate1O East L|(Light industrial District) "3.669acres Commercial X—Area determined tobeoutside the 5O0' yeerMoodp|m|n NA LI (Light Industrial) U Conservation Revitalization Interstate Highway 10 East — Freeway with o2OO`dgWt- of+wavand3O`acoessroadpavementvv)dth. —Loca\S1reetwith aOO r' and 22'pavement width. Curb and gutter. 6"water line. O°sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN 200 ' ENDARI JO EPH TANNOU MG REAL PROPERTIES LTD MG REAL PROPERTIES LTD MSG REAL PROPERTIES LTD MG REAL PROPERTIES LTD MG REAL PROPERTIES LTD MG REAL PROPERTIES LTD MG REAL PROPERTIES LTD MSG REAL PROPERTIES LTD MG REAL PROPERTIES LTD MCDONALD'S CORP HARVEY SID ANDREPO T RUSSELL MG REAL PROPERTIES LTD MG REAL PROPERTIES LTD ENDARI JO EPH MG REAL PROPERTIES LTD BE AuMaNT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Landscaping Irrigation Variance Case #: PZ2024-152 Initiated On: 5129/2024 1*37:53PM Location: 1795 1H 10 E, BEAUMONT, 77701 Individuals listed on the record. Applicant Keene Wilson 8595 Industrial Parkway Beaumont, TX 77705 Agent Keene Wilson 8595 Industrial Parkway Beaumont, TX 77705 Property Owner Tiger Industrial - The Modern Group Missing Address, City, State, or Zip Code in People Home Phone: 4096565117 Work Phone: Cell Phone, 4096565117 E-Mail: kwilson@hbnelld.com Home Phone: Work Phone: Cell Phone: E-Mail: kwilson@hbneild.com Home Phone: Work Phone: Cell Phone: E-Mail: Legal Description MC FAD D IN HT S TR A - B & C BLKS 5 & 6 3.668AC 3.6685AC Type of Variance: That the granting of the variance will Granting of this variance will not by any means will be against the not be contrary to the public interest public's interest That literal enforcement of the The project consisted of a very narrow strip of landscaping away from ordinance will result in unnecessary the water so u rce, To comply with the exact word of the ordinance the hardship owner: 1. Has to bring water under an already compacted site. 2. The narrow strip is facing a State Hwy access road and the traffic will mostly have mud and dust and will destroy the landscaping. That by granting the variance, the The owner is committed to provide hardy landscaping that will not spirit of the ordinance will be observed require irrigation system. and substantial justice will be done Notes: Case Type: Planning and Zoning Page I of 1 Case 41: PZ2024-152 Printed On: 61712024 71 �,�/`� SIGMA NFF[ li.., Innovative Solutions Solid Designs April 26, 2024 Elayna Luckey / Planner I City of Beaumont Planning Division 801 Main Street, Ste. 210 Beaumont, TX 77701 RE: Tiger Office & Shop Building 1795 1-10 East Beaumont, TX SEW 24-617 Dear Mrs. Luckey, It was a pleasure to visit with you and the City Officials at the pre -development meeting last Thursday, April 11, 2024, to discuss the upcoming Tiger Office and Shop Building. On behalf of the owner, we are requesting that the irrigation system be omitted. The landscaping is rninimal, and the owner will maintain the small area of landscaping. Enclosed will find a landscaping plan for review. Please let me know if omitting the irrigation system is approved. If you should have any questions, please feel free to, contact me. Sincerely, Sigma Engineers, Inc. % RO_MA:AJ = Corey Rawls, Project Manager Enclosure CR/dh 4099 Calder Avenue I Beaumont, Texas 77706 Registrations: Telephone:. 409) 89 8 -10 01 TBPE F-003645 I LAPELS 4929 1 Alberta, Canada P-1 1246 r I ILV np . b6 A L ......... .. . . ........ . ..... ...... All TIGER RENTALS M L; 0 x j, cl :ELI a x u K OR NEW OFFICE BUILDING & SHOP -A r r- z ;;p 1795 INTERSTATE "WY IG EAST HEAUVONT. TEXAS 77701 Vb P 4-15 . T consider a rawest for a Variance to the landscaping'irrigation requirements for a industrial zoning district. Applicant: Keene Wilson Location 1795 Interstate East 100 F ' ,i, 1 Llegen& 4""'*" LA h _ t VO r i =77- Y�ir% DATE: July IL2O24 TO: Board of Adjustment FROM: ElavnaLuokey Planner SUBJECT: To considerarequest foraVadancztotheminirnumfro ntyaodsetback andpave meni setback requirements ina residential zoning district. FILE: PZ2024-175 STAFF RFPORT Juan Esrotoonbehalf ofEzequie|5aavadra, isrequesting aVariance tothe front yard setback and pavement setback requirements for the property located at 3735 Park Street. The property \szoned R' (Residential Single Family Dwelling) which requires a minimum front yard setback of 25". The applicant is seeking to reduce the minimum front yard setback from ZS/to14' and the pavement setback from Z'toO'ioallow for a previously constructed carport and driveway 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 ofthe Variance will not becontrary tothe public intenes� 8) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, 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. ThefoHovo)ngmayabobeconsideredwhendetermin|ng~onnecessaryhandlcap". U)The cost ofcompUancmwit hthcznningond\nanceis greater thanfUtv(5O)percent ofthe appraised value ofthe structure as shown onthe most recent certified appraisal roll; UUCompliance would result inaloss tothe lot onwhich the structure|slocated ofatleast 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, orother requirement* (N) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v)The city considers the structure to beanonconforming structure. Aadb�n8u�hedfnomehordohipne�dngtoconven|enceor and the hardship must not result from the applicant's or property owner is own actions; {] ThotbvDnstit ingiheVadanme,thesp\htofLheord\nancewU|baobservedandsubstantia|]usUce Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 26 Responses in FavorResponses in OpposiUon______ LEGAL DESCRIPTION Being all of lot 6, Block 55, Jeff Chaison Second Addition., Beaumont, Jefferson County,Texas containing OlOIacres more orless. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES, FLOOD HAZARD ZONE: SURROUNDING LAND USES: JuanEscoto Ezequiel Saavedra 3735 Park Street R-S (Residential Single Family Dwelling District) "0.161 acres Residential X — Area determined to be outside the 500- year flood plain NORTH: Residential R-S (Residential Single -Family Dwelling) EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Conservation Revitalization Park Street — Major Arterial- Urban Street with a 60' right-of-way and 25' pavement width. Open ditch. 611 water line on Park Street. V sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN 2001 WISE DONALD R ROMERO JSEPH & ELIABETH BEATTY J 0 HNNY HER IEY DELORES PEREZ RUFINA WHEATON NATASHA L RI'VERA E EQUIEL SAAVEDRA BRACHETT EEKIEL WILLIAMS R BERT E ET UX ANDERSN SONJA RHEA RAGETT RAYMOND RAETT RAYON RODRIGUEZ MIUELINA BfADLEY SANTIEEF RUBESICH WILLIE M ESTATE VETERANS LAND BOARD KYLES CtSTELLA CASTILLO MAUL ICIO & D RA L SPUR LOCK MARJ O I E SPUFLCK MARJ(RIE E MUEL HILDA ESTATE SPIKES SHELIA MARIE ET AL SPIKES SHELIA MARIE ET AL LACAE FAMILY TRUST LACAE FM I LY TRUST PALM SPRINGS LADES PROPERTIES LLC BE AUMC3NT Planning & Community Development Case Type:Planning and Zoning Case Status:'REVIEW Case Sub Type: Variance Tag Name: Case #: PZ2024-175 Initiated On: 6/17/2024 11:36:34PM Location: 3735 PARK ST, BEAUMONT, 77705 Individuals listed on the record: Applicant JUAN ESGOTO Home Phone, 760 Randolph cir Work Phone: BMT, TX 77705 Cell Phone* 4094540019 E-Mail: juan.escoto@yahoo.com Agent JUAN EST O Home Phone: 760 Randolph cir Work Phone: BMT, TX 77705 Cell Phone: 4094540019 E-Mail: juan.escoto@yahoo.com Property Owner Ezequiel Saavedra Horne Phone: 3735 Park Street Work Phone: Beaumont, Tx 77705 Cell Phone: E-Mail: 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: Case Type: Planning and Zoning Case #: PZ2024-175 .REF CHAISON 2N L. B55 Variance No, the variance will go against any public interest. The couple decided to build a drive way due to the collecting water on the old gravel driveway. They also added a carport to access their vehicle without their children or themselves getting wet. Excitedly, they found a contractor who seemed experienced, but unfortunately they were not told a permit was necessary for the construction work. The fence was added as a form of privacy as in the past there had been shootings in the area. The house also needs windows which we are not being permitted to install. No, enforcement of the ordinance will not result un any hardships Yes, by granting the variance the ordinance will be done Page I of I Printed On: 6120/2024 To whom it may concern, My name is Juan Escoto. The reason in my request is to support the home owner. The home owner was never informed that permits of any sorts were needed to build the drive way or the car port. It has been at least 5 months since the project was f I nished. I truly belleve the request should be accepted since the horns owners had no Idea of the permits needed. Along with this I also believe the home owners should not have to pay for the ants not taken by the contractor. These are simply people who wanted to better their standard of living and their property. The collecting of water Is what causes them to build the drive way on the first place. They simply did not know that everything has to be done by permits The neighbors had nothing against the project, and did not see it as going against public interest. In my past 20 years of experience I have never gone against city rules. I always get my permit. I also understand that some contractors don't do that which is not okay. Contractors like these eventually lead to cases liko this one. From Escoto Tile & Remodeling If any questions or concerns arise please feel free to contact me. PZ2024-175: To consider a request for a Variance to the minimum front yard setback and IP pavement setback requirements in a residential zoning district. Applicant: Juan Escoto Location: 3735 Park Street 0 100 I -. - 1, 1 Feet gend,,, _ #- yr 1 * p P 2, r Ili 4' Is "" Y 111 • I 1 � � lea Y � � � a9 { - • � �_ '— .,Y v t� `., • ifs e - I e s �rJ __. ;� Jf. J j ■ I •�'� s� Y,.` r..e° Y • Pp i AS e 4A I r A � e iat yY � , + � � 'v _ 1•_ c.J ,vYc -i •� z _ ;� it r — .--._�-.. _..�� ram ---!'fir + Y � � a '_* • oar 3�a _ Ab 71-4 0 ON e " • e w _ a t _ , "-Z. A ! �' fk � Al •� a J � � 1 4 - R- ham P. jr Of s r ..r��a. ,F —sue:. ...�� • - s , _ a a i � �• ' � - __ .�_-tom-. --- '� ' _ y 1 1 k ■ t y a J � • '% , DATE: Juh/11,2OZ4 TO: Board of Adjustment FROM: ElavnuLuokey Planner SUBJECT: To consider a request for e Variance to the minimum rear yard setback requirements in a commercial zoning district. FILE: PZ2024-179 qTAFFRFPDRT Hani Toh me on behalf of Arif Ali,, is requesting a Variance to the minimum rear yard setback requirements for the property located et331OConcord Road. The property {szoned GC -MD (General Commercial —Multi- Family DweUino)vvh|ohrequ1resamin\mumrearyardactbackof1y.TheappUcantisseeNngtoreducethe minimum rear yard setback from 15" to 5' in order to construct a new convenience store while operations continue in the existing store. Once the new store is completed the existing building will be demolished. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A] That the granting ofthe Variance will not becontrary tothe public interest; . 8) That literal enforcement ofthe ordinance will result 1nunnecessary hardsh\pbecauseof exceptional narrowness, shallowness, shape topography urother extraordinary orexueptione| 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. ThefoUowingmaya|sobeconsideredwhendeterm1n1ng"unneceasaryhand|cao^: (i)The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appnabedva)uec�th�sLru�ureessho�nonihemos recen�ce��edoppr balud1; Ul\Compliance would result |naloss tothe lot onwhich the structure islocated 'of atleast 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 tobeanonconforming structure. Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result from the applicant's or property owner's own actions; [l That bvgranting the Variance, the spirit ofthe ordinance will beobserved and substantial justice Exhihits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 10 - Responses in Favor . Responses in Opposition a LEGAL DESCRIPTION Being Tract 21A, Plat D-6, A. Williams Survey, Beaumont, Jefferson County, Texas., containing 0.3749 acres,, more or less. Han\Tohme NEW BEG\NNlNGHORIZONS CORPORATION LLC 3310Concord GC -MD (General Commercial —Multi-Family Dwelling) 1-0.3749acres Commercial X—Area determined tobeoutside the 5OO' yearflood plain NORTH: Commercial GC -MD (General Commercial Multi -Family Dwelling) FAST: Vacant GC -MO SOUTH: Commercial GC -MD WEST: Commercial GC-M D COMPREHENSIVE PLAN: VV/\rER: SANITARY SEWER SERVICE* Conservation Revitalization Concord Road,— Secondary Arterial -Urban Street with anOQ'hgh and 4S`pavement width. Pope Street — Local Street with aG5'right-of-wayanda 23'pavement width. Curb and Gutter. O"water line onConcord Road. lO"sanitary sewer line onConcord Road. PROPERTY OWNER. NOTICES SENT WITHIN 2001 FIP MASTER FUNDING II LLC POWER INC NEW BEGINNING HORIZONS CORPORATION LLC GRADO CHAiiLES COOCH ANGEL HERNANDEZ MAR60 ALVAREZ & BATHLA ENDEAVORS LLC JOHNSON KOlJRTNEY ALVEREZ MARlO & MAiVUELA ZAMORA (CD) HUNT MARIA BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: Gas Station Case #: PZ2024-179 Initiated On: 6/19/2024 4:19:41 PM Location. 3310 CONCORD RD, BEAUMONT, 77703 Individuals listed on the record: Applicant Hani Tolime 85 Interstate Frontage Rd. Suite 204A Beaumont, TX 77707 Property Owner Arif Ali Missing Address, City, State, or Zip Code in People Horne Phone: Work Phone, Cell Phone: 409-782-9520 E-Mail: tohrnehani@yahoo.corn Home Phone: Work Phone, Cell Phone: E-Mail: Legal Description PLAT D-6 TES 21 A A WILLIAMS .3749AC Type of Variance: That the granting of the variance will The existing site is a convenience store and gas station. The not be contrary to the public interest proposed project will be a new store to serve the public. The new proposed building will have a modern look with architectural design that will be aesthetically pleasing. In addition, the proposed building will provide better ingress and egress area. Since the property is located in the General Commercial-Multifarnily Dwelling area the requested set back will not have any negative lMp8Gt On adjacent properties. That literal enforcement of the Expansion would not he feasible. The main objective of this project is ordinance will result in unnecessary to provide a larger building to serve the needs of the customers based hardship on the owner's experience in managing the existing store at this location. This increase in building footprint can not be achieved with the required rear set back. In addition, the proposed building can only be placed to the rear of the property due to the existing gas canopy and appurtenances. The proposed structure will replace the existing older building and additional parking will be required. The proposed new building would only meet ordinance requirements with sidewalk, parking and handicap access with requested set back. This will not be economically feasible to the owner if the requested set back is not approved. That by granting the variance, the The setbacks listed in the ordinance are specific for front, rear, left, spirit of the ordinance will be observed and right. For this seth ack request (from the re a r of the property) can and substantial justice will be done be 5 feet while abiding by the spirit of the ordinance. This is justified because the rear of the lot is along the left side of the adjacent lot which is allowed to be 5 ft setback as per the ordinance. Notes: Case Type: Planning and Zoning Page 1 of 1 Case 4: PZ2024-179 Printed On, 6/2412024 To: City of Beaumont Planning Division Beaumont Board of Adjustments Rey Request for Variance or Special Request 3310 Concord Beaumont, TX 77703 We are requesting a variance of the setback requirements for the location at 3310 Concord., Beaurnont, TX due to the needed space to construct the proposed project. In addition, the property to the rear is zoned commercial. Sincerely, 4t6JMw6 �qglwr r4l'-1 W ft 111-4- > --i r- M m > z m ---------+ROPER Ty LINE—.— F 19po b MIT 7. 4r f�x A -IF j- x 0 x 7- > -L.11 q 7- 0 :Z + o cc) z m ID uu 0 70 to 4P- 6. F IZ IL 23.9' 'S I SIDEWAiX 4 —PROPERTY Llk*','L— Is, Nlllzo�P�5 VIP. POPE T. 0 GAS STATION. 3310 CONCORD RrD, BEAUMONT, TX 77703 y - e 0 1= - -u 10 - k o Ct iAi p �IFri r #i � � 1 o c 1 m Q - I k:1I — s e _ v.-, i C4 71 0 - It FY OCACLUMS RIG�C I 1 T con 'der a request for Variance to the minimum rear yard setback requirements in a commercial zoning district. Appflcant: Hani Tohme Location: 3310 ConcordRoad 0 10 t --r I Feet DATE: July 11,2024 TO: Board of Adjustment FROM: Elayna Luckey, Planner I SUEUECT To consider a request for a Variance to the minimum side yard setback requirements in a residential zoning district. FILE: PZ2024'181 John Limbrick is requesting a Variance to the side yard setback requirements for the property located at 2680 Dauphine Place. The property iszoned R'3(Residential Single Family) which requires aminimum interior side yard setback ofS' The applicant is seeking to reduce the minimum side yard setback from 5' to 0" to construct onopen-air carport inline with his existing brick fence, TheeppUcanLshaUhavethe bunjenofproof todemonstratethat aUthreecon ditionsneceusaryfor approvaI have been met: /) That the granting ofthe Variance will not becontrary tothe public |nteres� B)7hat literal enforcement of the ordi�nance will result 1nunnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary handicap" shall mean physical hardship relating tothe property itself. The following may also be considered when determining "'unnecessary handicap": (i)The cost of compliance with the zoning ordinance \sgreater than fifty 80percent of the appraised value of the structure as shown on the most recent certified appraisal roll; Uil Compliance would result in a loss to the lot on vvNoh 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, orother requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v)The city considers the structure tobeenonconforming 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 19 Responses in Favor . Responses in Opposition 6 LEGAL DESCRIPTION. Being all of Lot 1 and the western 45' of Lot 2, Block D, Virginia Estates, Beaumont, Jefferson County, Texas, containing 0.289 acres, more or less. ]ohnUmbrick JohnUmbrick 2G8ODauphine Place R-S(ResNenbo| Single Family Dwelling District) ~0.289 acres Residential X—Area determined tobeoutside the 5OO' yee[floodplain SURROUNDING ZONING: NORTH: Residential R'5(Residential Single -Family Dwelling) EAST: Residential R'S SOUTH: Residential R'3 WEST: Vacant R-S COMPREHENSIVE PLAN: DRAINAGE: SAN1TARY SEWER SERVICE: Stable Area Da Local Street with n5O'right-of-way and 2S'pavement width. Mercantile Street — Local Street with aGO'hght-of-vvay and Z5~pavement width. Curb and gutter. [ywater line. 8 1) sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN 2006 AMBRES HEL'E 1 DYLE JACUELYN MRIE COCK RBET A J LABI IE PAULA ACE 1SABELLA EUIICE L C 1 ETA' AS H LY l MIRE ETHEL LIM BRICK J HN 1' & CY THIA ABBA E TH MAS LIMBRICK JHN I' & CNTHIA ALNE LITN JR & RDERS ERED R 417 W MAIN H UST N LLC CHARLES VERONICA CHACHERE LEE LE LONG VU THACHERE SONYA COWARD ADAM SR GOOD HOPE BAPTIST CHURCH B EAV M O N ? Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Variance Tag Name: 30 inch variance Case#: PZ2024-1 81 Initiated On: 6/2112024 10-01:33A1' Location: 2680 DAUPHINE PL, BEAUMONT, 77705 Individuals listecl on the record: Applicant John I-mbrick Home Phone- 409-842-8009 2680 Dauphin PI Work Phone: Beaumont, TX 77705 Cell Phone* 409-284-2820 E-Mail: limbriGk_john@yahoo.com Legal Description Type of Variance: That the granting of the variance will not be contrary to the public interest That literal enforcement of the ordinance will result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Case Type: Planning and Zoning Case M PZ2024-181 Carport Variance Granting of variance will not be contrary to the public interest, will have positive beautification to property values Enforcement of variance would off set the brick columns that were built when house construction was preformed. Variance will allow for all columns to align properly. Granting variance will gain property value to be a beautification to the over all neighborhood increasing value for all Page 1 of I Printed On: 6/2412024 Variance Letter ]uhnUmbdck 26@UDauphine P| Beaumont Texas777O5 409-284-2820 Umbrick To- Board ofAdjustment Reasons: June Z1,2O24 1] | have abrick fence with brick ebrick column. ineed n1ycarport column tomatch uporlineup to my fence. 2.) | will beimproving myneighborhood. 3.) iwill have gutters. 4.\ This adjustment will enhance the property beautification and it will increase the value of the real estate. Requesting, ] need a3O1nchvariance toward myproperty line tomaintain alignment and|needOlnchestomy property line. ihave aneasement between myproperty and myneighbor, and vvemaintain property upkeep. John Limbrick Fl-OT PLAN SCALE: 1/20" = 1 1.011 2&aO C>AUPHINE PLACE LOT 142 5LOCK D viRGINIA F.STATES MNf TX UTILITY ESMNT EXISTING HOUSE jo -, PENCE LDING: NEW 01 5ETBACK il.oil 2 25' 5LING PONGRETE 0w �i� DAUF INF. FILAdE 120 1�4a 11B./,32-t -1.a- '.0 -6 I.S Z2024-181: To consider a request for a Variance to the minimum side yard setback i!quirements in a residential zoning district., � fl rr : John Limbrick ocation:Dauphine Place 0 100 I I - -, Feet p . yt S4 i rn 1 7f aM v P � *.y.. `'• j r - y yqL + p -w••rr ia•'�rt.4'�'w y 1 { �--�••�.-'ta. _�+-.ram � r{ �n C.rn^ C V 0�y J I ,(;C-MD 1