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Home My WebLink About12-05-24 BA MinutesMUNITE S BOARD OF ADJUSTMENT Decembei- 5, 2024 Council Chambei-s, City Hall, 801 Main Street, Beauniont, Texas A meeting of the Board of Adjustment was held on December 5, 2024 and called to order at 3.00 p.m. with the following members present - Chairman Dana Timaeus Board Member Jeff Beaver Board Membcr Joey Hilliard *arrivedat 3:01 Board Member Toni Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent: Alternate Board Member Steve Lucas Also presejit: Elayna Luckey, Planner Sharae Reed.5 City Attorney Susan Smith., Recording Secretary Brandon Belaire, City Traffic Engineer APPROVAL OF MINUTES Alternate Board Member Jones moved to approve the minutes of the October 3, 2024 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 5:0. Board Member I 11111ard not yet present. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:01 p.m. PUBLIC HEARING Chairman Timaeus announced Board Member Hilliard's arrival and stated that Altemate Board Member Jones will now provide advice and consent, but will not be placing a vote for the Agenda item. BOA 1W OF ADJUSTMENT Deccinbei� 51, 2024 1) File PZ2024-334: To consider a request. for a Variance to the perimeter landscaping requirements for a parking lot of a commercial development Applicant: Hani Toluue Location-. 4705 Magnolia Avenue Mrs. Luckey presented the staff report. Ham Tohme, on behalf of property owner Samir Karedia, is requesting a Variance to the required perimeter landscaping for a parking lot of a new con-inicrcial development located at 4705 Magnolia Avenue. Section 28.04.006(li)(2)(A) states "A kin(Isccilfing edge oj - b iter shall be i -equired ato on each side of a pai *ing lot that ficices loiiwi Ws a public right-qf-ivcy." The applicant states that the required landscaping will leave approximately 10 feet for a drive isle between the canopy and the landscaping, which will prevent cars and trucks froin 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 August of 2022, which included the required 6" wide perimeter landscaping buffer along both Tyler Street 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 rcquirement along Magnolia. Staff informed the dcsign 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 required 6' wide perimeter landscaping buffer has not been installed without the benefit of an approved Variance. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary to the public interest; B) That literal enforcement of the Chapter will result in uraiecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or 4 exccptional physical situation or physical condition unique to the specific piece of property in question. "Umiecessary hardship" shall mean physical hardship relating to the property itself. The following may also be considered when detern-lining 44unnecessary hardship": (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure -cis shown on the most recent certified appraisal roll; (1i) Conipliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) per of the area on which devc1opment may physically occur; 2 BOARD OF ADJUSTMENT Deecinber 51, 2024 (iii) Compliance would result in the structure not in compliance with a requiremcnt of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroaclunent on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure, As distinguished fron-i a hardship relating to convenience or caprice, and the hardship must not result froin the applicant's or property owner's own actions; C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Twenty-four (24), notices were mailed to property owners within two hundred (200) feet of the subj eet property. Zero (0) responses were received in favor and one (I ) was received in oppositioll. The notice in opposition simply stated "must need landscaping." Slides of the sub J0 ect property and site plan were shown. Brief discussion followed concerning the current landscaping located along Tyler, which is not compliant with the approved landscaping plan as trees were planted within 10' of utility lines. Specifies of the request were also discussed. The applicant was present. Hani 'foluiie of Golden Triangle Consulting Engineers, 85 Interstate Frontage Road, Suite 204A, Beaumont, Texas addressed the Commission. He stated that he has been involved with the project for one nionth and did not design nor draft the project. Dr. Tollme further stated that the original design professional passed away in 2023 and his assistant is very ill. He also stated that the properly owner thought everything relating to the design was completed. Dr. Tohme ftirtlicr discussed difficulty accessing the property with the existing layout and the how the current greenspace request can rcctifr the issue. Dr. Toluale also stated that suffounding businesses do not have a 6' landscaping buffer and presented to the Board photos of those businesses, shown as Exhibit "A" attached hereto. He ffirther stated that the trees located beneath the Tyler Street utility lines will be removed. Further discussion followed concerning visibility from the driveway due to the existing landscaping and curb cuts; driveway /parking lot accessibility by large trucks; and, possible drivcway entry and exit patterns, with Dr. Tolime stating that backing out of the gas pump location is not ideal. Existing sidewalks were also discussed. Dr. Tohme further stated that concrete located on the corner will be removed. Brandon Belaire,, City of Beaumont Traffic Engineer, discussed the parking lot turning radius and 3 BOARD OF ADJUSTMENT Deceiiiber 5, 2024 location of the driveways. Further discussion folio wcd concerning blind spots and possible amendments to the request, with Dr. Toluiie stating that cost is a concern should the Board wish to an -tend the request. Board Men-iber Rowe moved to approval an amended rcqiiest for a Variance to reduce the reqtilred 6' landscapIng buffer to 3' along the portion of Magnolia beginning at 3 " north of the southern 3 5' driveway and continuing to 3' south of the nordiern 30' driveway. All other reqwred landscaping is to be installed in accordance with Section 29.04.006 of the City of Beaumont Code of Ordinances, as requested in File PZ2024-334. Board Men-iber Hilliard seconded the motion. A roll call vote was taken. Chairman Tiniaeus-Aye; Board Member Beaver -Aye; Board Member Hilliard -Aye; Board Member Rowe -Aye; Board Member Sorrell -Aye. The motion to approve the rcquest carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:03 P.M. 4 m lk EXHIBIT "All ;� il', � � � t 'P, , • 1� • I�'�i P �+�� - sir �. ' •_ 4 + P . , a �,` 1 � �'� � �� w r �' � e ILI ram,. j ■ JJ` q.. ■ 1^,.r .fir i } ■d �Y r �' r 40 1 4 f 1r ' v F 4 aji � 1 i t ! h F • i i F r � Id r i� 1' 4d .a i Y -I ` 1 � � �}iE"9 • !p 4 ti s 3+ • A job R To" rz 77, qL -1, i : p Cat$ I to,. fir 1 WT% , TvFP__v_-ml� "Eammi