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HomeMy WebLinkAbout02-06-25 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT February 6, 2025 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on February 6, 2025 and called to order at 3:19 p.m. with the following members present: Chairman Dana Timaeus *arrived at 3:21 Board Member Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Alternate Board Member Steve Lucas Board Members absent: Board Member Joey Hilliard Also present: Elayna Luckey, Planner Sharae Reed, City Attorney Susan Smith, Recording Secretary Acting Chairman Beaver stated that the meeting will be turned over to Chairman Timaeus upon his arrival. APPROVAL OF MINUTES Alternate Board Member Jones moved to approve the minutes of the December 5, 2024 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 5:0. Chairman Timaeus not yet present. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:21 p.m. Chairman Timaeus arrived at 3:21 p.m. PUBLIC HEARING BOARD OF ADJUSTMENT February 6, 2025 $ 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 Mrs. Luckey presented the staff report. Ron Cleveland, on behalf of Tiger Industrial, is requesting a Variance to reduce the minimum 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 ight-of-way. The applicant is seeking to reduce M!YUZUYaY!_Q`NMOW!\[R!-0i!cTQZ!MNa``UZS!M!_`^QQ`!^ `TQ!_Q`NMOW!^Q\]aU^QYQZ`!R^\[Y!-0i!`\[!,+i!M`!`TQ!_\[a`TQ^Z!\\^\[\\Q^`e!XUZQ!`\[!O\[Z_`^aO`!M!ZQc!NaUXPUZS*!! 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: 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 unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of rdship \\^\[\\Q^`e!UZ!\]aQ_`U\[Z*!!gJZZQOQ__M^e!TMh!_TMXX!YQMZ!\\Te_UOMX!TM^P_TU\\!^QXM`UZS!`\[! the property itself. The following may also be considered when determining rdship gaZZQOQ__M^e!TMh5 (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; (ii) Compliance would result in a loss 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 in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. 2 BOARD OF ADJUSTMENT February 6, 2025 $ As distinguished from a hardship relating to convenience or caprice, and the hardship must Z\[`!^Q_aX`!R^\[Y!`TQ!M\\\\XUOMZ`i_!\[^!\\^\[\\Q^`e!\[cZQ^i_!\[cZ!MO`U\[Z_6! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Ten (10) notices were mailed to property owners within two hundred (200) feet of the subject property. Nine (9) responses were received in favor and zero (0) were received in opposition. Slides of the subject property and site plan were shown. Brief discussion followed concerning location of the requested setback. The applicant was present. Ron Cleveland of Tiger Industrial, 7999 Gladys Avenue, Suite 102, Beaumont, Texas addressed the Commission. He stated that the surrounding properties are owned by Tiger Industrial, therefore, the request will only affect the business. Further discussion followed concerning specifics of the request relating to the stated acreage of the requested item. Alternate Board Member Jones moved to approval a request for a Variance to reduce a minimum _Q`NMOW!^Q\]aU^QYQZ`!UZ!MZ!UZPa_`^UMX!f\[ZUZS!PU_`^UO`!R^\[Y!-0i!`\[!,+i!R\[^!`TQ!_\[a`TQ^Z!\\^\[\\Q^`e!XUZQ! at the property located at 1870 Louisiana Street to allow construction of a new building, as requested in File PZ2025-9. Board Member Beaver seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye; Board Member Beaver-Aye; Board Member Rowe-Abstained; Board Member Sorrell-Aye; Alternate Board Member Jones-Aye; Alternate Board Member Lucas-Aye. The motion to approve the request carried 5:0:1 (Rowe). Board Member Rowe abstained as his company has provided professional services to the property owner. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:31 P.M. 3