HomeMy WebLinkAbout06-06-24 BA Minutes*MINUTES*
BOAS ) OF ADJUSTMENT
June 6, 2024
Council Chambei-s, City Hall, 801 Main Sti-ect, 13eaumont, Texas
A meeting of the Board of A(tjustment was held on June 6, 2024 and called to order at 3:00 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Joey Hilliard
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
Also present: Elayna Luckey, Planner I
Susan Smith, Recording Secretary
APPROVAL OF MINUTES
Alternate 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.
SWEARING IN OF WITNESSES
All witnesses were sworn in at 3:03 p.m.
PUBLIC HEARJNG
1) File PZ2024-123:
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 requested due to a typographical error.
Board Mcmber Rowe moved to approve the request for amendinents to Chapter 28, Section
28.02.005(3)(B) of the Code of Ordinances, as requested in File PZ2024-123.
BOARD OF ADJUSTMEANT
June 65, 2024
Board Mee berbilliard seconded the motion. The motion to approve the reqLICSt carried 6:0.
2)
File PZ2024-13 1:
Applicant:
Location:
To consider a request for a Variance to the nunimuni side yard
setback requirements in a residential zoning district
Laquinta Green
2 8 3 0 S an 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 miniinum side yard 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.
Twenty-one (21) notices were mailed to property owners within. two hundred (200) feet of the
sinject property. Zero (0) responses were received in favor and zero (0) were received in
opposition.
Slides of the subi e ct property and site plan were shown.
The applicant was present. Laquinta Green, 2830 San 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 moved to approve a request for a Variance to the minimum side yard
setback requirements in a residential zoning district for property located at 2830 San Antonio
Street, as requested in File PZ2024-13 1.
Board Membor Rowe abstained from voting for this item as he has surveyed the subject property.
Board Men-iber Sorrell seconded the motion. A roll call vote was taken. Cliairman Timaeus-Aye;
Board Member Hilliard -Aye; Board Member Sorrell- Ayc; Alternate Board Member Jones -Aye;
Alternate Board Member Lucas -Aye. The motion to approve the request carried 5:0.
3)
File 1'Z2024-132:
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 014'ADJUSTMEANT
June 6,, 2024
Rolando Carbajal 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.
Twenty-two (22) notices were mailed to property owners within two hundred (200) feet of the
subject property. Zero (0) responses were received hi favor and zero (0) were received in
opposition.
Slides of the subject property and site plan were shown.
Brief discussion followed concerning specifies of the request.
A representative 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 know that a permit
is required to construct an open patio. Mrs. Carbajal further stated that her husband and his friends
constructed the patio.
Further discussion followed concerning placement of the patio on the property.
Alternate Board Member Lucas moved to approve a request for a Variance to the minimum rear
and 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 motion. A roll call vote was taken. Chairnianfiniaeus-Aye;
Board Member Hilliard -Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye; Alternate
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:
Applicant:
Location:
To consider a request for a Variance to the minimum side yard
setback and pavement setback requirements in a commercial
zoning district
Richard Daleo and Clu-is Dale o
5975 Highway 105
Mrs. Luckey presented a sunuiiarization of the request action and the Board accepted the written
staff report as being admitted into the record of the Board.
Richard and Chris Daleo are requcsting 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 mailed to property owners within two hundred (200) feet of the subject
property. Zero (0) responses were received in favor and zero (0) were received in opposition.
3
BOARD 01 ADJUSTMENT
June 62024
Slidos of the subject property and site plan were shown.
The applicant was present. Rick Daleo of Daleo Car Wash, LLC, 798 Countrywood Circle, Sour
Lake, Texas addressed the Board. He stated that the carwash is a family business that was
constructed in 1977 with three previous remodels. Mr. Dalco further stated that the strLICtUre will
be coiwerted to a single tunnel car ash.
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 n1ininium side yard
setback and paveiiient 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
Tii)iaeus-Aye; Board Member Hilliard -Aye; Board Member Rowe -Aye, Board Mcn-iber Sorrell -
Aye, Alternate Board Member Jones -Aye. Alternate Board Member Lucas did not enter a vote for
this agenda item. The inotion to approve the request carried 5:0.
5)
File PZ2024-142:
Applicant:
Location:
To consider a request for a Variance to the maxiinum building
height requirements for an accessory building in a residential
zoning district
Tate Floyd
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 leas, is requesting a Variance to the maximum 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 received 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.
Mrs. Luckey noted the accessory structure received a building peer -nit, however upon inspection,
it was revealed that the structure exceeded the permitted building height of an accessory structure
M
BOARD OF ADJUSTMENT'
June 6, 2024
Brief discussion followed concerning the setbacks of the structure in in compliance with 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 contraetor for Mr. Degas. Mr. Floyd further stated that the
storage building garage has a 20' ea se height with a pitch to give it a residential appearance. Mr.
Floyd also stated that the colors care 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 strueture location was
selected in order to preservc oak trees on the property.
Property Owner Clay Dugas, 4420 Calder Avenue, Beaumont, Texas addressed the Board. Mr.
Dragas presented photos to the Board (Exhibit A). He stated that lie has resided at the property for
12-13 years and wished to replace storage containers with a storage building 'garage structure. Mr.
Dugas also stated that lie would like to resolve the situation in order to not have conflict with any
of his neighbors. He further 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. DLIgas also stated that he has spent a
large sum of money to maintain the property and took care in selecting the colors, etc. of the
structure.
Bormic 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, 'I"exas addressed the Board. He stated that he is
co-owner., with Boar-iie Spotts, of 695 Thomas Road. Mr. Spotts provided a synopsis of events,
from his point of view, and referenced the written response to the Notice of Public Hearing
distributed to the Board by Ms. Spotts. Mr. Spotts described a number of instances where he
contacted the City regarding the structure, indicated his mother called Councilman Mike Getz to
get the work to stop. He indicated that the building violates the deed restriction, to which Chairman
Timaeus stated the Board can not make decisions on those. He further stated that his property value
will 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 concerns
relating to the height of the structure. Ms. Spotts ftirther 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 email the photos to staff
5
BOARD OF ADJUSTMENT
hire 6,, 2024
in order that they may be entered as evidence As of 6/18/24 no email has been received by
Planning staff). Ms. Shade stated that any landscaping planted to cainouflage the structure will
eventu,c,illy 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 structure and its garage doors. Ms. Sauceda further stated that the building
will depreciate her property value. She also stated that she would like to einail photos to staff. City
Attorney Reed advised Ms. Sauceda that photos must be shown or submitted to the Board during
today' s meeting in order for them to be included in the City Council packet. She had none 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, Beaumont, Ilexas addressed the Board. lie stated that the
building obstructs the view from his backyard and reducing the height will provide a better view.
The 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. He 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 further 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 eave 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 drainag-e-,
City Attorney Reed clarified that her office does not issue Stop Work Orders, it is determined and
issued by the Building Official. She further stated that although the City has moved to an electronic
systern, 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, "I'exas 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 requireii-ients and the only issue the Board can take into consideration
6
BOARD OF ADJUSTMENT
hi ne 6,, 2024
is a Variance for the height of the accessory building. She further stated that she feels the permit
w,-cis wronggf-Lilly issued and the Variance should not be granted.
City Attorney Reed stated that the purpose of the Board of Actiustment, is to interpret City codes,
determine if a 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 external factors such as deed
restrictions or the penalties for such and are bound by obligations that are before them.
Kelly Sauce la, 170 E. Circuit Drive, Beaumont, "I"exas addressed the Board. The accuracy of the
site plan wcrts 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. Dugas stated that he agrees
to camouflage the building. He ftirther 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. Dugas ftirther stated that he would rather,
spend the $56,000 required to lower the roof on son-iething that the neighbors would appreciate,
Such as donating the money to charity. 1--le 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 maxin)uni building height requirements for an accessory building
in a residential zoning district for property located at 4420 Calder Avell.ue, as requested in File
PZ2024-142,vas withdrawn by property owner Clay Dugas.
Chairman "I"imaeus stated that property owner, Clay Dugas, has agreed to withdraw the request
and the property owner instructed the applicant, Tate Floyd, to submit a written confirmation to
the Planning D ep artment. stating that P Z2 024 - t 42 i s. withdrawal.
The Board accepted the withdrawal and did not vote on this item.
OTHER BUSINESS
None.
J'HEI� BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:44
P.M.
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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
1. 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 inake the property difficult
to sale and hurt its resale value.
11. ARGUMENTS AND AUTHORITIES
A. THE VARAINCE REQUESTED SHOULD BE DENIED BECAUSE THE ACCESSORY
BUILDING WAS CONSTRUCTED WITHOUT A VALID PERMIT,
The requested variance should he denied because the accessory 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. jSee Exhibit A.
(a) Enforcement
The provisions of this chapter shall be administered and enforced by the planning
director or his designee. Each applie'ation 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 "2"
and/or structure to be erected, and such other information as may be necessary to
provide for the enforcement of this chapter.
W Violations 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 1.0 1 .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."
(Ordinance 81-17, see. 1, adopted 3/10/81 ; Ordinance 92-62, see. 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 e wall . ("Do not Per i7erl jushee; do noi sou) parlialiti) to the poor or
favoritism to the grecil butjudge ),our neighborfall-I)P Leviticus 19:150; ("No man is above the
lair) and no man is beloul it: nor do ripe ask cinj) man's permission when ii?e ask him to obej� it.
Theodore Roosevelt Jr).
Bs THE VARAINCE 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 1" o.24-015 adopted March 19,
2024. Under §28.03,024(c)(1) [ffistrict area and Height Regulations]:
(1) In residential districts one-story, unattached accessory buildings or structures
less than tweittv 20) Legi itz hey h 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 casements will
permit..."
§ 28.03.024 District 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 -cam
the interior side yard or rear property line.
Fuilhermore, 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 minimum of fifteen (15) feet. Under
§28. 03. 02 4 (c) (17) (a) (b) D isli - ict cit -e a at id He igh I Regi da / ions:
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)(I 7)(a)(b) do not apply because the
required elements of 'N 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 fine. As a result, element
`A' 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 requirements outlined above have not been satisfied, the Area and
Height exceptions do not apply to the unattached accessory building. Therefore, the twenty -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
HAVE 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
neighboring properties of the use, review, evaluation, and exercise of planning judgment relative
to the location and site plan of the proposed use are required. No rezoning request for a district
0
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,
0
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. 'Yee 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 intrusion 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 becompatible 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 SPECIVIC USE PERMITTED FORMERLY GRANTED
TO THE BUILDER (CLAY DU AS SHOULD BE RE, VOKED BECAUSE SAME WAS
OBTAINED BY FRAUD,
00 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 Du, as 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 pail of the builder and is
tantamount to fraud. Therefore, any permit heretofore granted should be REVOKED.
The Code ftirther 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 owners, Bonnie Spotts and Courtland Spotts, respectfully request
that:
Any building permit previously granted based upon the submittal of inaccurate and
fraudulent information BE REVOKED;
Builder Clay Dugas 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 1.0 1 .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 Dugas has not net
conditions (1) and (7) of the Code.
0 Any request for variance for special conditions he DENIED because Dug& private
recreational facility is Wit1lin 10 feet of abutting property lines and the facility is not
screened from abutting properties in violation of 28.04-008 Special Conditions (8).
0 Any request for variance unaer 28.04-008 (19) Residential care uses, be DENIED because
adjacent property owners were not given notice of such request.
Clay Du as be required to move or alter his st""eture to comply with all codes of tile
City of Beaumont, or to remove said structure altogether.
Respectfully submitted,
Courtland Spotts
B n Anie.RnoOte
opitielspotfs
695 Thontas Road
Beaumont, TX 77706
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