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Home My WebLink AboutDecember 2024 BOA Packet*AGENDA* /t {� � "V [� /\ BOARD OF ADJUSTMENT City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:OOp.nm. The meeting will also be broadcasted on the City's YouTube channel: https-//www.youtube.com/chann,el/UCnY6nNk8zfXZulMglzbwE *A <2 E N ] A * Rn|| ra|| APPROVAL OF MINUTES Approval of the minutes of the meeting held October 3, 2024. SWEARING IN OF WITNESSES PUBLIC HEARING 1)File :Toconsider arequest for aVariance tothe perimeter landscaping requirements for aparking lot ofacommercial development. Applicant: HaniTohmne Location: 47OSMagnolia Avenue OTHER BUSINESS @�0re- TN��A Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested tocontact Ka|tr1naM|n|chat4O9-QOO-3777. *M I NUT ES BOAIW OF ADJUSTMENT Octobei'- 3, 2024 Council Chambei-s, City Hall, 801 Main Sh-eet, Beaumont, Texas A ineeting of the Board of Adjustment was held on October 3, 2024 and called to order at 3:05 p.m. with the following ii-ien-ibers Present: Chairman Dana Timaeus Board Member Joey Hilliard Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent: Board Member Jeff Beaver Alternate Board Mcmber Steve Lucas Also present: Elayna Luckey, Planner Sliarae Reed, City Attorney Susan Smith, Recording Secretary Roy West, Mayor APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes of the September 5, 2024 mecting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WIT NES E All witnesses were sworn in at 3 -006 p.m. PUBLIC HEARING, 1) File PZ2024-18 1: Applicant: -a'-L Location: To consider a request for a Variance to the mininium side yard setback requirements in a residential zoning district John Limbrick 2680 Dauphine Place BOARD OF ADJUSTMEN ry October 3,, 2024 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. This item was tabled at the September 5, 2024 meeting, at the request of the Board due to the absence of the applicant. John Limbrick is requesting a Variance to the side yard setback requiren-tents for the property located at 2680 Dauphine Place. The property is zoned R-S (Residential Single Family) which requires a minin-lum interior side yard setback of 5'. The applicant is seeking to reduce the minimum. side yard setback from 5' to I' to construct an open -aid` carport in line with his existing brick fence. Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and one (1) were received in opposition. Mrs. Luckey read the response in opposition to the request. Slides of the subject property and site plan were shown. Chairman Timaeus. stated that the Board will import into the record of toddy's ii-ieeting the information that was received up to this point in previous ii-tectings and resume with the applicant's testiniony as the applicant bears the burden of proving the requirenlents for this variance. The applicant present. John Limbrick, 2680 Dauphine Place, Beaumont, Texas addressed the Board. Ile stated that lie wishes to construct a carport which will beautify the area and allow room for his vehicles. Mr. Limbrick further stated that he would like the columns to align with the existing columns. He further stated that the existing water meter will either be n-ioved or will be flush with the proposed concrete driveway. Mr. Limbrick stated that the concrete slab will be located I' fron-i the property line and the ea will be located 1.5' from the property line. Ile firth stated that the distance of the column from the property fine will be 2.5'. Chairman Timacus moved to amend the request for approval of a Variance to the 111ininillm side yard setback requirements on the East boundary of the property to be reduced from 5' to 2.5' to allow construction of an open-air carport for property located at 2680 Dauphine Place, as requested in File PZ2024-181. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Tiniacus-Aye; Board Member Hilliard -Aye; Board Member or Board Member Sorrell - Aye; Alternate Board Member Jones -Aye. The motion to approve the request carried 5:0. 2) File PZ2024-262: To consider a request for a Variance to the minimum side yard setback and front yard setback rcquirenients in a residential zoning district Applicant: Torey Bruce Location: 2780 S 7"' Street 2 BOARD OF ADJUSIMENT October 3. 2024 Mrs. Luckey presented the staff report. Torey Bruce is requestinga Variance to the minimum front yard setback and the mini Muni side and setback for the property located at 2780 S 7"' Street. The property is zoned R-S (Residential Single -Family Dwelling District) that requires a minimum front yard setback of 25' and a mininium side yard setback of 5' for single story structures. The applicant is seeking to reduce the front yard setback requirement from 25' to 15' and the side yard setback requirement from 5' to 2" to construct an open-air carport. The open-air carport would be in line with the existing pavement that is 2' of of the property line. Twenty-nine (29) notices were mailed to property owners within two hundred (too) 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 width of the lot. The applicant present. Tore y Bruce, 2780 S 7'11 Street, Beaumont, Texas addressed the Board. He stated that lac would like to construct a two -car carport on existing pavement. Mr. BrLICe further stated that the vertical posts will be anchored to the existing pavement. Board Member Timaeus moved to approve the request for a Variance to the minimum side yard setback requirements to be reduced from 5' to 2" on the North boundary of the property and the minimum front yard setback requirements to bc reduced from 25" to 15" on the East boundary of the property to allow for the construction of an open-air carport in line with the existing pavement that is 2' off of the property line for property located at 2780 S 7"' Street, as requested in File PZ2024-262. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Tiniaeus-Aye; Board Mcmber Hilliard -Aye; Board Member Rowe -Aye; and Member Sorrell -Aye; Altemate Board Member Jones -Aye. The motion to table the request carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTIE R BUSINESS, THE MEETING WAS ADJOURNED AT 3:27 P'M' 3 DATE: December 5, 2024 TO: Board ofAdjustment FROM: ElavnaLuckev Planner SUBJECT: Tocons|derarequestforeVarianceuotheperim eterLandscapingrequ\rernentsfore parking lot of a commercial development. FILE: PZ2024- 34 STAFF REPORT HaniTohme onbehalf ofproperty owner 3amirKaredba, isrequesting aVariance tothe required perimeter landscaping for a parking lot of a new commercial development located at 4705 Magnolia AvenUe. Section 28.04.006(h)(2)(A) states "A landscaping edgembuffersholl be required along each side of parking lot that faces towards opublic righ t-of-way.°TheappUcanistates that iherequlred |andscaping wU|(eave approximately 10 feet for a drive isle between the canopy and the landscaping, which will prevent cars and (nJanuery ofI022aVa ria nce was granted to omit the requ ired 10' buffer betweencoill 11le rcia I developments and residential zoning districts to the west of the development and reduce the required rear building setback from 15' to 5-' along the west side of the development to allow for more retail space. The initial construction plans were approved in August of 2022, which included the required 6' wide perimeter landscaping buffer along both TylerStreet and Magnolia Avenue. In February of 2024 as construction was underwaythedes ignprofessional contactedstaffto|nqulneaboutiheprocessofremmvingthe/andsoaping requirement along Magnolia. Staff informed the design professional and property owner that the request to remove the landscaping would require an approve Variance. The construction is now coming to a close and the applicant is seeking a CertifIcate of Occupancy to begin operations, however the requ [red 6' wide perimeter landscaping bUffer has not been installed without the benefit of an approved Variance. Theapo|bantshaUhaveLheburdenofproof todemonstratethataUthreecon dKionsnecessaryfor approvaI have been met - A) That the granting ofthe Variance will not becontrary tothe pubUcinterest; 8) That literal enforcement of the ordinance will result in unnecesaryhardshhzbecauscof 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": /DThe cost ofcomnJiancewit hthezoniogordnanceis greater thenfifty (50)percentofthe appraised value ofthe structure asshown onthe most recent certified appraisal roll; (fi) Compliance would neuItinaloss to the lot onwhich the structure is located of at least (25)percent ofthe area onwhich development may physically occur; U)UCompUancewouNesu�inthe s�ucturenot (ncomo)�ncevv�harmqukemeniofanother (Iv) Compliance would result in the unreasonable encroachment on all adjacent propeilly or easement; or kdTile city considers the structure tobcanonconforming structure. Asdistinguished from ahardship relating Loconvenience orcaprice, and the hardship must not result from the applicant's or property owner's own actions; OThat by granting the Variance, the spirit of the ordinance will be observed and substantial ]ustice will bedone. Exhibits are attached. PUBLIC NOTIFICAMN Notices mailed to property owners 24 - ResponseslnFavor . Responses 1nOpposition LEGAL DESCRIPTION Being Lots ��Block 2HegeLAddition, Beaumont, Jefferson County, Texas, containing O'482acres,, UE: FOD HZROE URUDN NORTH: Commercial EAST Residential SOUTH: Commercial WEST: Residential COMPREHENSIVE PLAN: STREETS* DRAINAGE- HaniTohme SarnirKaredia 47O5Magnolia Avenue GC -MD (General Commercial -Multi Family Dwelling) ~0.482acrea Commercial X—Area determined Lobeoutside the 5OO- yearflood plain GC -MD (General Commercial -Multi Family Dwelling) GC -MD R&4-H(Residentia|MuIt|'FamUy—HighDens|ty) Conservation Revitalization MAgaglia Avenue — Secondary Arterial Street with a6S' rigN-of^wayand 5O`pavement width. TVIer Street —Locai'StreeLvvhh a 52' right-of-way and 2O'pavement width. Curb and Gutter. 6"water line. 8" sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN 2001 ABOVE PAR LLC ABOVE PAR LLC ARBEN REAL ESTATE LLC ARBEN REAL ESTATE LLC ARBEN REAL ESTATE LLC DAVIS R N N I E G LEN DE LL SR NA S ENTERPRISES INC RESENDIZ NESTOR & HERLINDA GREEN ASHLEY LEDAY ALVIN SR CAMARGO ARMAND } G ILL RY J SEPH R BELL DAVID CARRIf GTON JETHRO ROGERS A( SAM BUSINESS LLC HAFFAN INC LAN D loll ANTI ON ETTE GARCIA ELIJ10 & MARIA DOL RES ANTON MANUEL JR GLOBAL ONE ENTERPRISES i ATTHEWS FREDDIE ARBEN REAL ESTATE LLC ROY AARGN DEMOND JAI IL MUHAMMAD AI EEL BEAV M►ONT Planning & Community Development Case Type Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Store with Gas Station and Washateria Case #: PZ2024-334 Initiated On: 10/3012024 4:01:31 PM Location: 4705 MAGNOLIAAVE, BEAUMONT, 77703 Individuals listed on the record: Applicant Hani Tohme 85 Interstate Frontage Rd. Suite 204A Beaumont, TX 77707 Property Owner Samir Karedia 8325 Lake Tahoe Dr. Nederland, TX 77627 Horne Phone: Work Phone, Cell Phone: 409-782-9520 E-Mail: tohniehani@yahoo.com Home Phone: 832-877-4499 Work Phone, Cell Phone, E-Mail: karediasam@-.yahooxom Legal Description HEGELE LT S 1-3 B2 4705-11 MAGNOLIA Type of Variance: Variance That the granting of the variance will Prior to the construction of the new convenience store, the previous not be contrary to the public interest business did not have any landscaping on the Magnolia Street side of the property. In addition, all the businesses in the vicinity of 4705 Magnolia Street do not have any landscaping. Therefore, the requested variance will keep this property's appearance similar to the neighboring properties while providing better access to the clients. That literal enforcement of the The building, gas canopy and gas purnps have been installed. The ordinance will result in unnecessary installation of the 6 feet wide landscaping on the private property will hardship eliminate the ability of cars and trucks to be able to leave after filling up with gas. After investing over a million dollars developing this site, the owner will not be able to operate the facility if he does not get the variance for the 6 feet wide landscaping causing him financial hardship. That by granting the variance, the Granting the variance will provide the citizens in the neighborhood a spirit of tile ordinance will be obset-ved brand new facility to purchase gas, buy household items and a new and substantial justice will be done food establishment. In addition, the neighborhood will have a state of the art washateria available to the to use. The variance will provide justice to the citizens by bringing to their neighborhood a new facility and to the owner by allowing him to operate the business. Notes: 02se Type: Planning and Zowng Page 1 of 1 Case #: PZ2024-334 Printed On: 11/7/2024 To- City ofBeaumont 11/06/I024 Planning Division Beaumont Board of Adjustments ReRequest for Variance orSpecial Request REVISED 47O5Magnolia Street 8eaurnontTX777OS The property owner \srequesting avariance ioeliminate the landscaping requirement onthe property side facing Magnolia Street at the above referenced address. The building and gas canopy have been constructed. The installation ofaGfeet wide landscaping atthe property side facing Magnolia Street will leave approximately a 10 feet wide drive between the canopy and the landscaping, which is not enough for the cars and trucks to turn in order to leave the property or enter the gas pumps. The approval of the requested variance will allow the business to open and provide safe entrance and exit bothe clients. S|ncereky, 1 C) f rri N t - tr y yy.. #`t e 1¢ �l a � . I u) 0V th _ m � r 1 ;a { I J, F * i ` Q fro so rn e "ow- I Lill W�- r� d°rtl Les m a EXISTING BUSINESS 4705 MAGNOLIA AVE, BEAUMONT, TX 77703 z rs PZ2024,,334,.,, To consider a request for a Variance to the landscaping requirements in a commercial zoning district. jApplicant: Haiti Tohme Location.; 4705 Magnolia Avenue