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Home My WebLink AboutFebruary 2025 BOA Packet*AGE N D A* BOARD OF ADJUSTMENT City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3.00p.rn. The meeting will also be broadcasted on the City's YouTube channel- https:Z/www.voutub,e.com/channel/UCnY6nNk8zfXZulMglzbwEBg *A G E N ] A * APPROVAL OF MINUTES Approval of the minutes of the meeting held December 5, 2024. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File PZ2025-9: To consider a request for a Variance to reduce a minimum setback requirement in an industrial zoning district. Applicant: Ron Cleveland Location: 1870 Louisiana Street OTHER BUSINESS an/r)'`pn. Persons with disabilities who plan tojoin services are requested tocontact Ka|tr|na Minichat4O9-88O-3777. M I N U TE S BOARD OF ADJUSIMENT Decembei- 51 2024 Council Chambus, City Hall, 801 Main Sh-eet, 13clauniont, Tex -as A meeth)g of the Board of Adjustment wCas, field on December 5, 2024 cand called to orderat 3:00 p.m. with the followhig members present: d Chairman Dana 1 14 1111MIS Board Membu Jeff Beaver Board Member Joey Hilliard *arrive(l a[3:01 Board Member Tom I�owe Bward Member IWgers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent-0 Alternate Board Member Steve Lucas Also present: Elayna Luckey, Planner Sharac Reed, City Attorney Susan Smith, Recording Secretary Brandon Bel ire, City Traffic E-,ngineer APPROVAL OF MINUIVS. Alternate Board Member Jones moved to iipprove the minutes of the October 3, 2024 meeting. Board Member Sorrell semided the motion. The motion to approve the mimitcs carried 5:0. Board Member Hilliard not yet present. SWEARING IN OF WITNESS All witnesses were sworn in at 3-001 p.m. PUBLIC HEARING Chairmaii I'imaeus announced Board Member Hilliard's arrival and stated that Alternate Board Member Jones will now provide advice and coment, but will not I)c,, placing a vote for the Agenda item. 1) I A j "le lIZ2024-334-0 BOARD OF ADJUS"I'MEN"I" Decomber 5, 2024 1`0 Consider (a request for Ej Variance to the perimeter lCandscaping requirements for a par](ing lot of a commercial development Applicant: 11"Ini "I'01111le Location: 4705 Magnolia Avenue Mrs. Luckey presented the staffreport. Hani Tolmic, on behalf of property owner Samir Karedia, .5 is requesting a Variance to the required perimeter landscaping for a parking lot of -ea new commercial development located at 4705 Magnolia Avenue. Section 28.04.006(li)(2)(A) states" ' 1cm(Iscal)ing ecIge oi- bqI I I ,fej - .0mill b e i-eq i th ed along each s We ofa pai -k Fng Io I thatfiaces Io iipm Ws ct Public rigllt-ofifyclj� " The applicant States 111"It the required landscaping illI leave approximately 10 feet for a drive isle between the cranopy and the landscaping, wffich will prevent. cars and trucks ftom entering and exiting the property. In January of 2022, a Variance was granted to omit the required 10' buffer between commercial 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 Aijgust of 2022, w1i ich included the required 6' wide perimeter landscaping buffer along both Tyler Str-eet and Magnolia Avenue. In February of 2024, as construction was underway, the design professional contacted staff to inquire about the process of removing the landscaping requirement along Magnolia, Staffinformed the design professional and property omer that the request to remove (lie landscaping would t licant is require an approve Vinriance. The constructw ion is iiocoming to a close and the ( seeking a Certificate of Occupancy to begin operations, however the required 6' wide. Perimeter I andscapi lig buffer has not been installed without the benefit of an approved Variance. "I'llic,eappliciant shall have the burdeii of proof to demonstrate that all three conditions necessary for approval liave been met: A) That the granting of the Variance will not be contrary to the public hiterest; B) I'liat literal ejiforcement of the Chapter will result in muiecessary hardsbip because of exceptional narromess, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific picec of property in question. "Unnecessary hardship" shall. mean physicral liardsliij) relating to the. property itself. The following may also be considered when determining 4tunnecessary hardship": (i) The cost of compliance with the zoning ordinance is gmater than fifty (50) permit of the appraised value Of the StRICtUl-e as shown on the most recent certified appraisal F0114, {rr Compliance would result in a loss to the lot on which the. StRICture is located of at least twenty-five (25) percent of the area on wNell developwent imay physically occur; 2 4 BOARD OF ADJUSIMEN'T' December 5, 2024 (iii) Compliance would result in thestructure not in compliance with a requirement of another city ordinance, buildiiig code, or other requirement; (iv) Compliance Nvollid result in the mire sore encroachment on an adjacent I roperty 01' easement; 014 (ir)'Flic city considcrs tIIG StrUcture to be a nonconforming M-ticture. As distinguished from a hardship relating to convenience or caprice, and the hardship must not result from the applicant's or property owner's own actions; Q That by graiifing the Variance, the spirit of the ordinatice will be observed and substantial J ustice Nvi I I bo done. Twenty-four (24) notices Nvere mailed to property owners within two hundred (too) fed of the sul' lect. property. Zero (0) responses were reccived its favor art one (I ) was r-eceived ire opposition The notice in opposition simply stated "inust need landscaping." Slides of the subject property atid site plait were shown Brief discussion followed concerning tile CUITC11t landscaping located along Tyler, which is not compliant with the approved Imidscaping plrcm as trees were planted within 10' of utility lines. Specifics of the request were also discussed. The applicant was present. Hani Tolmic of Golden Triangle Consulting Engineers, 85 Interstate Frontage Ro;,:id, Suite 204A, Beaumont Texas addressed the Commission. He stated that lie has been involved with the project for one month and did not design nor draft the project. Dr. Tolime further stated that the original design professional passed away in 2023 and his assistant is very ill, He also stated that the property owner thought everything relating to the design wCas comPleted. Dr. Tolime Rather discussed difficulty accessing the, property with the existing layout and the how the current greempace request can rectify the issue. Dr. Tolime also stated that surrounding businesses do not have. a 6' landscaphig buffer and presented to the Board photos of those businesses, shown as Exhibit "A" attached hereto. He further stated that the trees located bcncatli the Tyler Street utility lines will be removcd. F-c'urther discussion followed conceniing visibility from the driveway due to the existing Itandscaphig and curb cuts; drivewcay/parking lot accessibility by large trucks; and, possible driveway entry and exit patterns, with Dr. Tolime stating that backiiig out of the gas pump location is not ideal. Existing sidewcalks were also discussed. Dr. Tohnie further stated that concrete located on the corner will be removed. Brk-mdon Belaire, City of Beauniont Traffic Engineer, discussed the parking 10t turning radius and 3 BOARD OF ADJUSTMENT' December 5, 2024 location of the driveways. Further discussion followed conceming blind spots and possible amendments to the request, with Dr. Tolinic s t at 1 ng that cost is a c oncern .911 ou I d the B oa rd wish to a mcnd the request. Board Member Rowe moved to approw,11,an amended request for a Variance to reduce the required 6' landscaping buffer to 3' along the portion of Magnolia beginning al 3' norlh of thesoultiern 35' driveway sand continuing to 3' south of the northern 30' driveway. All other rcquired landscaping is to be installed in accordaticc with Section 28.04,006 of the City of Be-clumont Code of Ordinances, as requested in File PZ2024-334. Board Member Hilliard seconded the motion. A roll call vote Nvas taken. Chairm-cmi Timacus-Ayc; Board Member Beaver -Aye; Board Member Hilliard -Aye- Board Member Rowe -Aye; Board Member Sorrell -Aye. "I'lie motion to approve the request cceirried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE ME.ETING WAS ADJOURNED AT 4:03 POMN 4 EXHIBIT "A" off F f k FI Ilk kj� F M'� i`la ..,,Jr'if 4i f i y L F} � I � ■y k- a �i � � � Mj 4 s i i } f �•i rF *i, * 4 � #0�l�e 'S� f i r e r• r� • I s I 1 Y J * r. k d yy ilil+f'a�•1 ° � ,� e DATE: February 6, 2025 TO: Board of AdjUStment FROM: Elayna Luckey, Planner I SUBJECT: To consider a request for a Variance to reduce a minimurn setback requirement in an industrial zoning district. STAFF RFPORT Ron Cleveland, on behalf of Tiger Industrial is requesting a Variance to reduce the minimurn setback requirement for the southern property line at the property located at 1870 Louisiana Street. The property is zoned L-I (Light Industrial) that requires a minimum setback of 25' when abutting a street right-of-way. The applicant is seeking to reduce the setback requirement from 2_5' to 10' at the southern property line to construct anew building. The location of the new building will be aligned with the existing building, parking lot, and driveways. 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; 13) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography orotherex raord|naryorexceptiona| physical situation or hardship physical condition unique tothe specific piece of property in question. "U nnecessa ry hand ica p" shall mea n 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 ofthe structure as shown on the most recent certified appraisal roll; (iU[ompliance would result lneloss tothe lot on which the structure hlocated of at least twenty-five (25) percent of the area on which development may physically occur; (ill) Compliance would result inthe structure not incompliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to beanonconforming strUCtUre. Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result from the applicant's or property owner's own actions., [] That by granting the Variance, the spirit of the ordinance will be observed and substantial justice Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 10 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Tract B, C and 7A, Block 7, Mcfaddin Heights Addition, Beaumont, Jefferson County,, Texas., containing 2.307 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES /UqqJ{]\NT: PROPERTY OWNER*. bD{]\Tk31N: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: Ron Cleveland Tiger Industrial 187OLouisiana Street L| (Light Industrial District) ~2.307acres Commercial X—Area determlnedtobeoutsideiheS0J' ycarf|ood plain NORTH: |HlOEast NA EAST Commercial U(Light Industrial) SOUTH: Commercial U WEST: Commercial L| PLAN:COMPREHENSIVE Conservation Revitalization STREETS: Louisiana Street — Local Street with a6O' and 22'pavement width. Valentine Street— Local Street with a6O`right-of-way and 22' pavement width. Averill Street — Local Street with a GO' right-of-way and 22'pavement width. Interstate Highway 10 East — Freeway with a2QG/right of-vvavond3O'accessroadpovennentvvNth' DRAINAGE: Curb and Gutter. \N/gB]R: G"water line. 5AN| 8"sanitary sewer line. PROPERTY OWNER NOTICES SENT WITHIN MG REAL PROPERTIES LTD MG REAL PROPERTIES ETD MG REAL PROPERTIES LTD MG REAL PROPERTIES LTD MG REAL PROPERTIES LTD MG REAL PROPERTIES LTD MCA REAL PROPERTIES LTD MG REAL PROPERTIES LTD PHELAN H D TRUSTEE MG READ. PROPERTIES LTD BEAVMC3NT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Variance Case #: PZ2025-9 Location: 1870 LOUISIANA ST, BEAUMONT, 77701 Individuals listed on the record: Applicant Ron Cleveland 7999 Gladys Avenue Suite 102 Beaumont, TX 77706 Owner Tiger Industrial 1870 Louisiana Street Beaumont, TX 77701 Type of Variance: Legal Description 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 he done Notes: Variance Case Status: REVIEW Tag Name: Variance for building setback (2/6) Initiated On: 1114/2025 2:58,20PM Home Phone: (409) 347-0870 Work Phone: Cell Phone- 4096568268 E-Mail: roncleveland@att.net Home Phone: Work Phone: Cell Phone: E-Mail: TR 7A M CFADD I N ITS 1, 1381 AC the granting of this variance will not be contrary or negatively impact the community This ordinance will he very costly to the owner, will disrupt the existing traffic flow, the existing driveway/parking layout and will have to replace an existing entrance Agreed, the spirit of the ordinance will be observed Case Type: Planning and Zoning Page 1 of I Casek PZ2025-9 Printed On: 1/24/2025 Ron Cleveland Construction 7999 Gladys Avenue Suite 102 Beaumont, Texas 77706 (4fl9) 656-8268 January 14, 2025 Reference: Variance Property ovier & a(ldress; Tiger Industrial 1870 Louisiana Street Beaumont, Texas 77701 Description of request for variance: Property owners are seeking a building setback valiance due to the existing structures and existing layout of the entry, driveway and parking lot on the property. The building ordinance requires a 25" setback which imposes the removal of some of the existing concrete driveway, parking lot and the relocation of a driveway entrance, this will affect the traffic flow due to the driveway and entries located directly across from each other on the east and west sides of the property and will also affect the layout of the parking and lighting of the parking lot This ,van ance will not be contrary, have a negative impact or character of the community Sincerely, Ron Cleveland Frj3�af} 61 TAT' gq 414� I I � e I� Ri r 114Y I I I t IE I �I I lI f � � I' I � 7 m s a, -—��—�or �t N �i II I d� I I 5 I I i 1 I I I I I b ' 4 F 7 R � C47fl 4 0cl r1 JJ y AVEFUL STREE-f ice+ i mg f m) N tj' 3 Y37 `E VIM i" n i, �. ra'IMWV ----- I -----------------_._._.;...., ria err � �— "1 I I � I � I I I I I I � I I I � I I I Zia' I -4 M C � i I M m oda MA Fly 14U%A14:f I � I ] I I i I C I j 3 I 3 I I f I F r IDsc.V41,41 £W K 32 Y "I VALENTI44E STREET {err " fi 13 6 r3 a PZ2025-9: To consider a request for a Variance to reduce the minimum setback requirement for a structure abutting Louisiana Avenue in a Light Industrial (LI) District from 25' to 10". Applicant: Ron Cleveland Location: 3.870 Louisiana Street 0 100 Feet 41 rn M z ["t