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Home My WebLink About05-01-25 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT May 1, 2025 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on May 1, 2025 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Steve Lucas Alternate Board Member Chris Jones * arrived at 3:17 p.m. Board Members absent: Board Member Joey Hilliard Also present: Elayna Luckey, Planner Sharae Reed, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Beaver moved to approve the minutes of the February 6, 2025 meeting. Alternate Board Member Lucas seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:03 p.m. PUBLIC HEARING 1) File PZ2025-104: To consider a request for a Variance to the minimum side yard setback requirements in a commercial zoning district. Applicant: Eduardo Rodriguez th Location: 2530 N. 11 Street BOARD OF ADJUSTMENT May 1, 2025 $ Mrs. Luckey presented the staff report. Eduardo Rodriguez is requesting a Variance to reduce the minimum side yard setback requirement for the southern property line at the property located at th 2530 N 11 Street. The property is mixed zoned GC-MD (General Commercial Multi Family i Dwelling) and R-S (Residential Single Family Dwelling), however the proposed structure will i sit within the GC-MD portion of the property. The GC-MD zoning district requires a minimum aSbPOQY!\]T!1l!eVS\\!OPcbbW\\U!O!^`\]^S`bg!W\\!O!\\\]\\`SaWRS\\bWOZ!RWab`WQb+!JVS!O^^ZWQO\\b!Wa!aSSYW\\U!b\]! outhern property line to construct a storage `SRcQS!bVS!aSbPOQY!`S_cW`S\[S\\b!T`\]\[!1l!b\]!0l!Ob!bVS!a building. The location and size of the proposed accessory building was designed to be aligned with the existing building to prevent the loss of any additional parking. 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 ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific ^WSQS!\]T!^`\]^S`bg!W\\!_cSabW\]\\+!!jK\\\\SQSaaO`g!VO`RaVW^k!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself. The following may also be considered when determining jc\\\\SQSaaO`g!VO`RaVW^k6 (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must \\\]b!`SacZb!T`\]\[!bVS!O^^ZWQO\\bla!\]`!^`\]^S`bg!\]e\\S`la!\]e\\!OQbW\]\\a7! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. 2 BOARD OF ADJUSTMENT May 1, 2025 $ Sixteen (16) 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. Slides of the subject property and site plan were shown. Brief discussion followed concerning the specifics of the site plan. th The applicant was present. Eduardo Rodriguez, 2530 N. 11 Street, Beaumont, Texas addressed the Commission. Assisting him with translation was Ruth Sanchez. He stated that the property is tight on parking already and to maintain their parking area, they are seeking the variance so that the building aligns with the existing church. Chairman Timaeus asked for clarification on the use of the structure, Mrs. Sanchez stated it wi ZZ!Xcab!PS!T\]`!ab\]`OUS!\]T!bVS!QVc`QVla!S_cW^\[S\\b!O\\R!eWZZ! not be occupied. Board Member Rowe moved to approval a request for a Variance to reduce a minimum side yard setback requirement in a commercial 4at the southern property line of h\]\\W\\U!RWab`WQb!T`\]\[!1l!b\]!l! th property located at 2530 N. 11 Street to allow construction of a new storage building, as requested in File PZ2025-104. Alternate Board Member Lucas seconded the motion. A roll call vote was taken. Chairman Timaeus- Aye; Board Member Beaver- Aye; Board Member Rowe- Aye; Board Member Sorrell- Aye; Alternate Board Member Lucas- Aye. The motion to approve the request carried 5:0. 2) File PZ2025-111: To consider a request for a Variance to omit the sidewalk requirements in a commercial zoning district. Applicant: Nick Ferguson Location: 4390 W. Cardinal Drive Mrs. Luckey stated that this item has been withdrawn and application placed on the Planning th Commission agenda for May 19. 3) File PZ2025-111: To consider a request for a Variance to reduce the minimum front yard setback along Fannin Street and to reduce the minimum perimeter and off-street parking landscaping requirements to the parking lots to the north and northwest of the development. Applicant: Baptist Hospitals of Southeast Texas Location: 3250 Fannin Street Chairman Timaeus explained that Board Member Rowe would be abstaining so in order to have a full quorum, the board would recess until Alternate Board Member Jones arrived. The meeting was cal ZSR!POQY!W\\b\]!\]`RS`!OTbS`!8ZbS`\\ObS!9\]O`R!DS\[PS`!B\]\\Sala!O``WdOZ!Ob!/6-3!^+\[+ 3 BOARD OF ADJUSTMENT May 1, 2025 $ Mrs. Luckey presented the staff report. Baptist Hospitals of Southeast Texas is requesting three variances for the property located at 3250 Fannin Street, which is zoned GC-MD (General Commercial iDcZbW!>O\[WZg!<eSZZW\\U'+!JVS!h\]\\W\\U!\]`RW\\O\\QS!`S_cW`Sa!O!.,l!T`\]\\b!aSbPOQY)! perimeter landscaping along parking area facing a public right-of-way, and permanently landscaped islands, peninsulas, or medians within parking areas with more than 20 spaces. Requested variances: 1. Front Setback (South Side) JVS!O^^ZWQO\\b!aSSYa!b\]!`SRcQS!bVS!T`\]\\b!aSbPOQY!OZ\]\\U!>O\\\\W\\!Ib`SSb!T`\]\[!.,l!b\]!1l!b\]! accommodate a proposed expansion. To align with the intent of the landscaping ordinance, landscaping will be installed along the front property line abutting Fannin Street to screen parking areas and enhance property appearance. 2. Perimeter and Landscaping Edge Reduction (North Side) With the planned expansion to the south enabling removal of existing buildings to the north, additional parking areas for employees and supply deliveries will be created. The applicant requests to reduce the required 6-foot landscaped edge along the northern ^`\]^S`bg!ZW\\S!OPcbbW\\U!9`S\\VO\[!Ib`SSb!O\\R!bVS!-,l!^S`W\[SbS`!PcTTS`!PSbeSS\\!bVS!Q\]\[\[S`QWOZ! and residential zoning district to the north of the site. They intend to replace the fence to provide an opaque screen shielding the parking area from public view to maintain a buffer with nearby residential properties along Brenham Street. 3. Eliminate Landscaped Peninsula Requirements (North & Northwest Parking lot) The buildings existing along the north property line will be removed and replaced with approximately 78 parking spots. The Northwest parking area has 57 parking spots and the proposed reconfiguration will create 69 parking spots. The ordinances require 1 landscaped peninsula per 10 parking spaces for parking areas containing more than 100 spaces. The applicant requests to reduce the minimum off-street landscaping requirements for the north and northwest parking lot from 14 peninsulas to 0. Reducing the number of peninsulas will allow separation of staff and visitor parking areas while maximizing the available staff parking. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific ^WSQS!\]T!^`\]^S`bg!W\\!_cSabW\]\\+!!jK\\\\SQSaaO`g!VO`RaVW^k!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself. The following may also be considered when determining jc\\\\SQSaaO`g!VO`RaVW^k6 4 BOARD OF ADJUSTMENT May 1, 2025 $ (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must \\\]b!`SacZb!T`\]\[!bVS!O^^ZWQO\\bla!\]`!^`\]^S`bg!\]e\\S`la!\]e\\!OQbW\]\\a7! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Thirty-five (35) 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. Slides of the subject property and site plan were shown. Brief discussion followed concerning the specifics of the site plan and a rendering packet provided by the applicant. Representative of the applicant were present. Zach Rowe of Leavins Design and Engineering, 3250 Eastex Freeway, Beaumont, Texas and Ronald Jones of Architectural Alliance, Inc. 350 Pine Street, Suite 720, Beaumont, Texas addressed the Commission. Mr. Rowe clarified the landscaping and driveway placement. Mr. Jones stated that provided further details about the project. Further discussion followed concerning the parking, rights of way and landscape requirements. Eric Meadows of Phelan Investments, 106 W Caldwood, addressed the Board. He stated that his company owns a building near the subject property and that he was not aware of this request until 3 days prior to the meeting and that this project may negatively impact his building and recorded parking easements. Justin Doss, CEO of Baptist Hospital, 3080 College St, addressed the Board. He stated that they 5 BOARD OF ADJUSTMENT May 1, 2025 $ intend to be good neighbors and that they would work with Phelan investments to address their concerns. Chairman Timeaus suggested that the item either be tabled or the meeting recessed for the parties to discuss. The meeting was recessed at 3:52 p.m. and was called back to order at 4:07 p.m. Mr. Meadows and Mr. Doss returned to the podium and stated that they were able to meet and he feels confident they will be able to work together to resolve the issues. Board Member Timeaus moved to approve a request for a Variance to the minimum front yard setback requirements OZ\]\\U!bVS!a\]cbVS`\\!P\]c\\RO`g!Ob!>O\\\\W\\!Ib`SSb!T`\]\[!.,l!b\]!1l!\[OW\\bOW\\W\\U! landscaping to meet the intent of the ordinance; to approve a Variance to eliminate the landscaping SRUS!OZ\]\\U!bVS!\\\]`bVS`\\!P\]c\\RO`g!O\\R!-,l!ZO\\RaQO^W\\U!PcTTS`!PSbeSS\\!bVS!`SaWRS\\bWOZ!O\\R! commercial districts, maintaining the opaque screen along the boundary; and, to approve a Variance to eliminate landscaped islands and peninsulas required in the north and north west parking lots only, as it relates to the property at 3250 Fannin, as requested in File PZ2025-119. Board Member Beaver seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye; Board Member Beaver-Aye; Board Member Rowe-Abstain; 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). OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 4:25 P.M. 6