HomeMy WebLinkAbout08-07-25 BA Minutes
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* M I N U T E S *
BOARD OF ADJUSTMENT
August 7, 2025
Council Chambers, City Hall, 801 Main Street, Beaumont, Texas
A meeting of the Board of Adjustment was held on August 7, 2025 and called to order at 3:01 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Jeromy Buberl
Board Member Tom Rowe
Board Member Rogers Sorrell Jr.
Alternate Board Member Chris Jones
*arrive at 3:14 pm
Alternate Board Member Steve Lucas
Board Members absent:
Also present: Elayna Luckey, Planner
Sharae Reed, City Attorney
Susan Smith, Recording Secretary
APPROVAL OF MINUTES
Board Member Beaver moved to approve the minutes of the June 5, 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 PZ2025-232: To consider a request for a Variance to the required perimeter
landscaping, islands, and irrigation system for the parking lot of
a new commercial development.
Applicant: Samuel Fountain
Location: 8875 Eastex Freeway
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August 7, 2025
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Mrs. Luckey presented the staff report. Samuel Fountain, on behalf of Henry LaBrie, is requesting
a Variance to the required perimeter landscaping, islands, and irrigation system for the parking lot
of a new commercial development at 8878 Eastex Freeway. Section 28.04.006(b) of the City of
Beaumont Code of Ordinances states
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construction shall be accompanied by two (2) blue line or blackline prints of the landscaped plan
to be approved by development services before iss On July 18, 2024,
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Planning Staff approved a submitted landscape plan that aligned with the City of Beaumont
Landscaping and Screening requirements.
On May 29, 2025, staff conducted a courtesy inspection as part of a Temporary Certificate of
Occupancy (TCO) process. During this inspection, several deficiencies were noted in relation to
the approved landscaping plan:
No landscaped islands were installed within the parking area, the ordinance requires four
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landscaped islands.
Minimum perimeter landscaping requirements were not met abutting Eastex Freeway and
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Old Voth Road.
Irrigation was not installed throughout the site to sufficiently cover required landscaped
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areas.
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Following the inspection on May 29 staff communicated these deficiencies to Mr. LaB
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by email.
On July 2, 2025, staff met with Mr. LaBrie to discuss the possibility of bringing the site into
compliance with the approved plan. It was communicated that to keep the site as is and as it relates
to landscaping, an approved Variance is required.
Section 28.04.006(c)(1) states
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require an automatic irrigation system sufficient to provide complete coverage of required
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Section 28.04.006(h)(1)(A) states
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(20) or more parking spaces shall provide permanently landscaped areas consisting of islands,
peninsulas, or medians within the p
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Section 28.04.006(h)(1)(A)(i) states
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Section 28.04.006(h)(2) Perimeter Requirements states:
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faces towards a public right-of-way.
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(B) The landscaping edge shall be no less than six (6) feet wide and may use up to three
(3) feet of public right-of-way, if unused and available at the time of permitting.
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(D) The landscaping edge shall contain no less than one (1) class A tree or two (2) class B
trees for each twenty-five (25) lineal feet or fraction thereof of the edge.
(E) The required trees may be located anywhere within the six (6) foot landscape edge with
a minimum of ten (10) feet apart for class A trees and a minimum of five (5) feet apart for
class B trees. Refer to definitions on tree size.
(F) If overhead lines are present along the perimeter landscape edge, no trees will be
permitted in that perimeter landscape edge. In addition, no trees shall be permitted within
a thirty-foot distance from the outermost power line.
(G) A screen no less than three (3) feet height comprised of a wall, solid fence, berm, or
plant material or combination of shall be provided along the entire length of the
landscaping edge or buffer, if any part of the landscaping edge is within ten (10) feet of the
right-of-
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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
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relating to the property itself. The following may also be considered when determining
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(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
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August 7, 2025
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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
actions;
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C) That by granting the Variance, the spirit of the ordinance will be observed and
substantial justice will be done.
Nine (9) 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. Mrs.
Luckey read the notices received in opposition.
Slides of the subject property, site plan, and surrounding area were shown.
Brief discussion followed concerning specifics of the request. Mrs. Luckey stated that the current
landscaping does not meet the intent of the code as the required trees and plants are not installed.
She further discussed the available options presented to Mr. LaBrie during previous staff/applicant
meetings.
The applicant and representative of the applicant were present. Samuel Fountain, Project Engineer,
11015A Eastex Freeway, Beaumont, Texas and Henry LaBrie, Developer & Property Owner,
10655 Highway 365, Beaumont, Texas addressed the Board.
Samuel Fountain stated that merged with Cintas during the construction phase resulting
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in approximately eight (8) eighteen-wheeler trucks staging at the site each hour . He further stated
that there is concern that required islands would be damaged by the trucks. Mr. Fountain also stated
the Mr. LaBrie will be developing the remaining property in the future in which the required
islands can be constructed. He stated that the business is closed to the public, is a more industrial
than commercial business, and truck staging occurs at all hours of the day and night.
Henry LaBrie stated that required islands and truck tires will be damaged during the staging
process. He further stated that an additional building will be added to accommodate both
businesses. Mr. LaBrie also stated that the square footage lost in the required islands was placed
in the landscaping area located along the front of the property. He stated that the rear property line
is located in the middle of the ditch and trees would have to be removed to meet the rear
landscaping and irrigation requirement. He further stated that a rear sidewalk would have to be
constructed within the ditch due to the location of the right-of-way.
Mr. LaBrie stated that his request is to eliminate the island requirement, no perimeter landscaping
along Old Voth Road, no additional perimeter landscaping along Eastex Freeway, and eliminate
the irrigation requirement. Mr. LaBrie further stated that he made the decision to change the island
requirement during construction and did not consult City Staff. He also stated that he is going to
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As Built drawing to the Planning Department. Mrs. Luckey stated that Staff has not
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received the drawing.
Further discussion followed concerning specifics of the landscaping and irrigation requirements.
The public hearing on this item was opened.
Donna Mulinax, 9955 Old Voth Road, Beaumont, Texas addressed the Commission. She stated
that there less than eight (8) eighteen-wheeler trucks entering and exiting the property every hour
as previously stated and they should be capable of maneuvering around an island. Ms. Mulinax
further stated that the Owner removed buffer trees located along Old Voth Road that could have
assisted with the noise level had they remained in place.
The public hearing on this item was closed.
The Board discussed the request amongst themselves.
Board Member Rowe moved to deny a request for a Variance to the required perimeter
landscaping, islands, and irrigation system for the parking lot of a new commercial development,
as requested in File PZ2025-232.
Board Member Buberl seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye;
Board Member Beaver-Aye; Board Member Buberl-Aye; Board Member Rowe-Aye; Board
Member Sorrell-Aye. The motion to deny the request carried 5:0.
OTHER BUSINESS
Mrs. Luckey read the following prepared statement:
have the minutes reflect recognition to
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someone whose commitment to public service has left a lasting impact on our community.
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service - not just to the City as an institution, but to the
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people who live, work, and build here - through countless meetings, deliberations, and decisions,
which can now forever be viewed on YouTube.
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Dana has brought thoughtful insight, and a deep respect for both the letter of the law and the
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unique needs of our citizens and developers. As his last term comes to a close today, we want to
express our deepest gratitude for his time, energy, and unwavering commitment to Beaumont.
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Dana, thank you for your years of service and for being such a vital part of this Board. Your
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contributions will not be forgotten. We wish you the very best in all that lies ahead, and give you
back your first Thursday of the month afternoons.
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THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:54
P.M.
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