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Home My WebLink About06-05-25 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT June 5, 2025 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on June 5, 2025 and called to order at 3:00 p.m. with the following members present: Acting Chairman Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Steve Lucas Alternate Board Member Chris Jones Board Members absent: Chairman Dana Timaeus Also present: Elayna Luckey, Planner Chase Engman, Assistant City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Alternate Board Member Lucas moved to approve the minutes of the May 1, 2025 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:02 p.m. PUBLIC HEARING 1) File PZ2025-99: To consider a request for a Variance to the landscaping of off- street parking requirements. Applicant: Eduardo Rodriguez th Location: 2530 N. 11 Street Mrs. Luckey presented the staff report. Brad Wilson is requesting a Variance to eliminate the tree requirements within the landscaping off-street parking area at 3025 N Dowlen Street, H-E-B plus!. The property is zoned GC-MD (General Commercial-Multiple Family Dwelling), Section BOARD OF ADJUSTMENT June 5, 2025 $ 28.04.006(h) of the City of Beaumont Code of Ordinances, Landscaping of off-street parking Any parking lot or portion thereof which is to contain twenty (20) or ^Q\]aU^QYQZ`_!%+&%6&!_`M`Q_'!g more parking spaces shall provide permanently landscaped areas consisting of islands, Sites having more than one hundred (100) F:D?DIKB6I'!EH!C:9?6DI!M?J>?D!J>:!F6HA?D=!6H:6P h!%UU&!g parking spaces: One (landscaped island, peninsula, or median per ten (10) parking spaces is required..Each island or peninsula required herein shall at minimum contain one (1) Class h!%Ub&!g A or two (2) Class /!JH::I)Q The Class A trees that were installed as part of the original landscaping plan matured to such a size that the roots outgrew the area afforded to them by the landscaped islands and have since been removed. Mr. Wilson would like to replace the Class A trees with smaller shrubs due to the likelihood of the larger caliper Class A trees outgrowing the landscaped island areas again. 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 \\UQOQ!\[R!\\^\[\\Q^`e!UZ!\]aQ_`U\[Z)!!gIZZQOQ__M^e!TM^P_TU\\h!_TMXX!YQMZ!\\Te_UOMX!TM^P_TU\\! relating to the property itself. The following may also be considered when determining gaZZQOQ__M^e!TM^P_TU\\h4 (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 Z\[`!^Q_aX`!R^\[Y!`TQ!M\\\\XUOMZ`i_!\[^!\\^\[\\Q^`e!\[cZQ^i_!\[cZ!MO`U\[Z_5! 2 BOARD OF ADJUSTMENT June 5, 2025 $ C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Forty-three (43) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and two (2) were received in opposition, with no comments. Slides of the subject property, site plan and landscaping images of other HEB store locations were shown. Brief discussion followed concerning parking area island, peninsula, and median landscaping requirements. The applicant was present. Brad Wilson, 425 Sawdust Road, Spring, Texas addressed the Board. He stated that he is employed by the HEB Real Estate Department. Mr. Wilson further stated that the many of the existing Class A trees are dying due to the limited island space for their root system and would like to replace the trees with small shrubs. He also stated that the landscape islands or medians will not be removed. Mr. Wilson stated that a formal drawing of the request has not been submitted to City staff. He further stated that impact studies are not performed as part of the HEB design process. Mr. Wilson also stated that the existing small trees do not provide shade and will probably die once they are large enough to provide shade due to the small concrete islands in which they are located. Further discussion followed concerning submittal to City staff of a revised landscaping plan indicating the type of landscaping to be installed. Also discussed were ordinance definitions of Class A trees, Class B trees and approved shrubs; and, specifics of the request. The public hearing on this item was opened and closed without comment. The Board discussed the case amongst themselves. Board Member Rowe moved to approval a request for a Variance to eliminate the tree requirements within the landscaping off-street parking area for property located at 3025 N. Dowlen Road, as requested in File PZ2025-99, with the stipulation that the applicant submit a revised landscaping plan to the Planning office, showing a minimum of two (2) shrubs within a landscaped island, to meet the intent of the City of Beaumont Code of Ordinances. Board Member Sorrell seconded the motion. A roll call vote was taken. Acting Chairman Beaver- Aye; Board Member Rowe-Aye; Board Member Sorrell-Aye; Alternate Board Member Jones- Aye; Alternate Board Member Lucas-Aye. The motion to approve the request carried 5:0. 2) File PZ2025-147: To consider a request for a Variance to the rear and exterior side yard setback requirements for a new commercial development. Applicant: Rahil Maredia 3 BOARD OF ADJUSTMENT June 5, 2025 $ Location: 680 Buford Street Mrs. Luckey presented the staff report. Rahil Maredia is requesting a Variance to the rear and exterior side yard setback requirements at the property located at 680 Buford Street. The property is zoned GC-MD (General Commercial-Multiple Family Dwelling) District that requires a minimum rear yar P!_Q`NMOW!\[R!+/i!MZP!M!YUZUYaY!Qd`Q^U\[^!_UPQ!eM^P!_Q`NMOW!\[R!,*i)!HTQ!M\\\\XUOMZ`! U_!_QQWUZS!`\[!^QPaOQ!`TQ!^QM^!eM^P!_Q`NMOW!^Q\]aU^QYQZ`!R^\[Y!+/i!`\[!+*i!MZP!`\[!^QPaOQ!`TQ!Qd`Q^U\[^! enience store. _UPQ!eM^P!_Q`NMOW!^Q\]aU^QYQZ`!R^\[Y!,*i!`\[!.)/+i!R\[^!ZQc!O\[Z_`^aO`U\[Z!\[R!M!O\[Zb 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 \\UQOQ!\[R!\\^\[\\Q^`e!UZ!\]aQ_`U\[Z)!!gIZZQOQ__M^e!TM^P_TU\\h!_TMXX!YQMZ!\\Te_UOMX!TM^P_TU\\! relating to the property itself. The following may also be considered when determining gaZZQOQ__M^e!TM^P_TU\\h4 (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 Z\[`!^Q_aX`!R^\[Y!`TQ!M\\\\XUOMZ`i_!\[^!\\^\[\\Q^`e!\[cZQ^i_!\[cZ!MO`U\[Z_5! 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 one (1) was received in opposition. 4 BOARD OF ADJUSTMENT June 5, 2025 $ The response in opposition was given to staff during the meeting. Slides of the subject property and site plan were shown. Brief discussion followed concerning the existing landscaping, demolition of the existing structure and location of the proposed structure. The applicant was present. Rahil Maredia, 4127 Pebble Heights Loan, Sugar Land, Texas addressed the Board. He stated that he is representing the property owner. Mr. Maredia further stated that proposed structure will be located within the setback requirements and the surrounding properties are commercially zoned. He also stated that the existing fuel tanks will be removed and replaced with new tanks. Mr. Maredia stated that the store will operate seven day per week with the proposed business hours being 6:00 am to 7:00 pm. Further discussion followed concerning `TQ!\\\[__UNUXU`e!\[R!a_UZS!`TQ!TU_`\[^UO!ZMYQ!\[R!gBUWQi_h!M_! the business name. The public hearing on this item was opened. Jacqueline Countee, P.O. Box 20293, Beaumont, Texas addressed the Board. Ms. Countee stated that she is co-owner of the vacant lot at 1560 Irving Avenue, which abuts 680 Buford Street. She stated concerns of fuel tanks being located close to her neighboring property. Mrs. Luckey discussed the location of the proposed fuel tanks. The public hearing on this item was closed. The Board discussed the case amongst themselves. Further discussion followed concerning landscaping requirements of the subject property. Alternate Board Member Jones moved to approve a request for a Variance to reduce the rear yard _Q`NMOW!^Q\]aU^QYQZ`_!R^\[Y!+/i!`\[!+*i!MZP!`\[!^QPaOQ!`TQ!Qd`Q^U\[^!_UPQ!eM^P!^Q\]aU^QYQZ`_!R^\[Y!,*i! requested in File PZ2025-147. `\[!.)/+i!`\[!MXX\[c!ZQc!O\[Z_`^aO`U\[Z!\[R!M!O\[ZbQZUQZOQ!_`\[^Q'!M_! Board Member Lucas seconded the motion. A roll call vote was taken. Acting Chairman Beaver- Aye; Board Member Rowe-Aye; Board Member Sorrell-Aye; Alternate Board Member Jones- Aye; Alternate Board Member Lucas-Aye. The motion to approve the request carried 5:0. 3) File PZ2025-169: To consider a request for a Variance to the perimeter landscaping requirements for a commercial development. Applicant: Rafael Aguilar Location: 2035 College Street Mrs. Luckey presented the staff report. Rafael Aguilar is requesting a Variance to the perimeter 5 BOARD OF ADJUSTMENT June 5, 2025 $ landscaping requirements for a commercial development at the property located at 2035 College Street. The property is zoned GC-MD (General Commercial), Section 28.04.006 (f)(1) of the City When a \[R!7QMaY\[Z`!8\[PQ!\[R!D^PUZMZOQ_'!EQ^UYQ`Q^!XMZP_OM\\UZS!MZP!_O^QQZUZS!_`M`Q_'!g commercial or industrial use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a ten-foot width of landscaping open space buffer strip shall be installed and maintained by the owner, developer or operator of the commercial or industrial property between it and the adjacent residentially zoned property )h!9a^UZS!O\[Z_`^aO`U\[Z'!`TQ!O\[ZO^Q`Q!cM_!Qd`QZPQP!`\[!0i!R^\[Y!`TQ!\\^\[\\Q^`e!XUZQ!QZO^\[MOTUZS! UZ!`TQ!^Q\]aU^QP!+*i!XMZP_OM\\UZS!NaRRQ^!M^QM)! 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 p \\UQOQ!\[R!\\^\[\\Q^`e!UZ!\]aQ_`U\[Z)!!gIZZQOQ__M^e!TM^P_TU\\h!_TMXX!YQMZ!\\Te_UOMX!TM^P_TU relating to the property itself. The following may also be considered when determining gaZZQOQ__M^e!TM^P_TU\\h4 (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 Z\[`!^Q_aX`!R^\[Y!`TQ!M\\\\XUOMZ`i_!\[^!\\^\[\\Q^`e!\[cZQ^i_!\[cZ!MO`U\[Z_5! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. 6 BOARD OF ADJUSTMENT June 5, 2025 $ Seventeen (17) 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. Mrs. Luckey explained `TQ!O\[ZO^Q`Q!cM_!Qd`QZPQP!`\[!0i!R^\[Y!`TQ!\\^\[\\Q^`e!XUZQ!QZO^\[MOTUZS!UZ!`TQ! requi ^QP!+*i!XMZP_OM\\UZS!NaRRQ^!M^QM!XQMbUZS!Z\[!^\[\[Y!R\[^!`^QQ_!M_!^Q\]aU^QP!Ne!8U`e!\[R!7QMaY\[Z`! Code of Ordinances. She further stated that the tree requirement provides a noise buffer to neighboring residential properties. Brief discussion followed concerning the existing fence and landscaping, along with specific details of the request. The applicant was present. Rafael Aguilar, 1050 Monterrey Drive, Beaumont, Texas addressed the Board. He stated that his wife will operate a beauty salon at the site and the remaining space will possibly be leased to a tax preparer. A representative of the applicant was present. Roger Castaneda, 1777 Maine Lane, Beaumont, Texas address the Board. He stated that he is the landscaper for the subject property. Mr. Castenada further stated that the concrete contractor took it upon himself to pour the concrete within the requi and that the property owner had no intention to deviate from ^QP!+*i!XMZP_OM\\UZS!NaRRQ^!M^QM the landscaping plan submitted to City staff. Mr. Castenada recommended that shrubs be planted rather than crepe myrtle trees due to the limited space. He further stated that crepe myrtle trees have the potential to blow debris onto neighboring properties. Board Member Rowe moved to approve a request for a Variance to the perimeter landscaping requirements for a commercial development, as requested in File PZ2025-169, with a revised landscaping plan to be submitted to the Planning Department. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Acting Chairman Beaver-Aye; Board Member Rowe-Aye; Board Member Sorrell-Aye; Alternate Board Member Jones-Aye; Alternate Board Member Lucas-Aye. The motion to approve the request carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:39 P.M. 7