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Home My WebLink About12-04-25 BA Minutes ### " * M I N U T E S * BOARD OF ADJUSTMENT December 4, 2025 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on December 4, 2025 and called to order at 3:01 p.m. Chairman Beaver informed all present that the board only had 4 members present today so any approvals would have to be unanimous and any applicants who wished to wait for a later meeting could do so. All applicants remained for the decision at this meeting. The following members were present: Chairman Jeff Beaver Board Member Jeromy Buberl Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Board Member Rob Clark Also present: Elayna Luckey, Planner II Sharae Reed, City Attorney Catherine Allen, Recording Secretary A.J. Turner, Mayor Pro Tem Boyd Meier, Building Official Robert Canizales, Deputy Building Official APPROVAL OF MINUTES Board Member Rowe moved to approve the minutes of the October 2, 2025 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:03 p.m. BOARD OF ADJUSTMENT December 4, 2025 # PUBLIC HEARING 1) File PZ2025-361: To consider a request for a Variance to the required trees within a landscaping edge. Applicant: Bryant Chandler for Baptist Hospitals of Southeast Texas Location: 3180 College Street Mrs. Luckey presented the staff report. Bryan Chandler, on behalf of Baptist Hospitals of Southeast Texas is requesting a variance to the required trees within a landscaping edge for the property located at 3180 College Street. The property is zoned as GC-MD (General Commercial Multi- j Family Dwelling) that requires a landscaping edge or buffer along each side of a parking lot that faces a public right-of-way and shall contain no less than one (1) class A tree or two (2) class B trees for each twenty-five (25) lineal feet. The applicant is seeking to omit the required trees due to overhead powerlines and proximity to an existing sanitary sewer main line. 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 _XTRT!^U!_a^_Tach!X\]!`dTbcX^\]*!!kK\]\]TRTbbPah!WPaSbWX_l!bWP\[\[!\\TP\]!_WhbXRP\[!WPaSbWX_! relating to the property itself. The following may also be considered when determining kd\]\]TRTbbPah!WPaSbWX_l5 (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 not resul c!Ua^\\!cWT!P__\[XRP\]cmb!^a!_a^_Tach!^f\]Tamb!^f\]!PRcX^\]b6! 2 BOARD OF ADJUSTMENT December 4, 2025 # C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in favor and zero (0) were received in opposition. Slides of the subject property, site plan, and surrounding area were shown. The applicant was present. Bryant Chandler for Baptist Hospitals of Southeast Texas, 3180 College Street, Beaumont, Texas addressed the Board. Mr. Chandler stated that this is a $44 million project and that there are over 2,100 plants around the property. He added that they are working with the Beaumont Botanical Gardens and intend for the project to be aesthetically pleasing. The public hearing on this item was opened and closed at 3:08 p.m. without comment. Board Member Buberl moved to approve the request for a Variance to the required trees within a landscaped edge, as requested in File PZ2025-361. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Beaver- Aye; Board Member Buberl- Aye; Board Member Rowe- Aye; Board Member Sorrell-Aye. The motion to approve the request carried 4:0. 2) File PZ2025-367: To consider a request for a Variance to the lot area minimum to increase density from 101 to 136 dwelling units for an apartment complex development. Applicant: Hani Tohme Location: 1030 W. Cardinal Drive Mrs. Luckey presented the staff report. Hani Tohme is requesting a Variance to the lot area minimum to increase density for dwelling units for an apartment complex under construction located at 1030 West Cardinal Drive. The property is zoned RM-H (Residential Multiple Family Highest Density) which allows up to twenty-nine (29) dwelling units per acre. The applicant is j seeking to increase the total number of units to 136 units. It should be noted, that the proposed change would reduce the overall number of bedrooms from 3901 to 198. The proposed plan is to replace previously approved three- and four-bedroom units with singular bedroom units. 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 3 BOARD OF ADJUSTMENT December 4, 2025 # exceptional physical situation or hardship physical condition unique to the specific _XTRT!^U!_a^_Tach!X\]!`dTbcX^\]*!!kK\]\]TRTbbPah!WPaSbWX_l!bWP\[\[!\\TP\]!_WhbXRP\[!WPaSbWX_! relating to the property itself. The following may also be considered when determining kd\]\]TRTbbPah!WPaSbWX_l5 (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 \]^c!aTbd\[c!Ua^\\!cWT!P__\[XRP\]cmb!^a!_a^_Tach!^f\]Tamb!^f\]!PRcX^\]b6! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Thirty (30) 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, site plan, and surrounding area were shown. Brief discussion followed concerning the specifics of the request and the parking requirements. The applicant was present. Hani Tohme of Golden Triangle Consulting Engineers, 85 Interstate Frontage Road, Suite 204A, Beaumont, Texas addressed the Commission. Mr. Tohme stated that the architects for the project are an international company that specializes in student housing. He added that this building was vacant and a nuisance to the community and this project will be an investment in the community. He stated that the request is for more density but actually fewer people than the original approved plan and will also have less water use. He added that his client will be paying more for this plan but that it will look better and be more affordable for the residents. Further discussion followed concerning the footprint of the proposed building. 4 BOARD OF ADJUSTMENT December 4, 2025 # Zahraa Ghaleb, 1111 Katy Frwy Ste 625, Houston, TX, addressed the Board. She stated that she is the architect for the project and explained the site plan and changes from the original plan. Discussion followed concerning that the complex will be marketed to students but cannot discriminate against nonstudents. The scope of the variance and the reasons for the change were also discussed. The public hearing on this item was opened and closed at 3:30 p.m. without comment. Board Member Rowe moved to approve the request for a Variance to the lot area minimum to increase density from 101 to 136 dwelling units for an apartment complex development, as requested in File PZ2025-367. Chairman Beaver seconded the motion. A roll call vote was taken. Chairman Beaver- Aye; Board Member Buberl-Aye; Board Member Rowe- Aye; Board Member Sorrell-Aye. The motion to approve the request carried 4:0. 3) File PZ2025-370: To consider a request for a Variance to the minimum front yard setback requirements Applicant: Albert Turner Location: 4585 Jancar Drive Mrs. Luckey presented the staff report. Albert Turner is requesting a Variance to the minimum front yard setback for the property located at 4585 Jancar Drive. The property is zoned R-S (Residential Single-Family Dwell X\]V'!cWPc!aT`dXaTb!P!\\X\]X\\d\\!Ua^\]c!hPaS!bTcQPRZ!^U!-0m*!JWT! P__\[XRP\]c!Xb!bTTZX\]V!c^!aTSdRT!cWT!bTcQPRZ!aT`dXaT\\T\]c!Ua^\\!-0m!c^!+!c^!R^\]bcadRc!P\]!^_T\]!PXa! carport. 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 _XTRT!^U!_a^_Tach!X\]!`dTbcX^\]*!!kK\]\]TRTbbPah!WPaSbWX_l!bWP\[\[!\\TP\]!_WhbXRP\[!WPaSbWX_! relating to the property itself. The following may also be considered when determining kd\]\]TRTbbPah!WPaSbWX_l5 (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; 5 BOARD OF ADJUSTMENT December 4, 2025 # (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 \]^c!aTbd\[c!Ua^\\!cWT!P__\[XRP\]cmb!^a!_a^_Tach!^f\]Tamb!^f\]!PRcX^\]b6! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Twenty-five (25) notices were mailed to property owners within two hundred (200) feet of the subject property. One (1) response was received in favor and zero (0) were received in opposition. Slides of the subject property, site plan, and surrounding area were shown. Brief discussion followed concerning the specifics of the request. The applicant was present. Albert Turner, 4585 Jancar Drive, Beaumont, Texas addressed the Commission. Mr. Turner thanked the Board of allowing him the opportunity to speak and recognized his son Mayor Pro Tem AJ Turner and thanked him for attending. Mr. Turner stated that his children purchased him a new truck as a retirement gift, but it is too large to fit into his garage. He would like to preserve the condition of this gift by constructing a carport which would also increase the value of his home and improve the neighborhood. The house is over 40 years old and the variance is needed in order to construct the carport. Further discussion followed concerning that the need is for the setback requirement to be reduced . Ua^\\!-0m!c^!,m!aPcWTa!cWP\]!c^!+!Pb!X\]!cWT!bcPUU!aT_^ac The public hearing on this item was opened and closed at 3:37 p.m. without comment. Board Member Sorrell moved to approve the request for a Variance to the minimum front yard setback requirements to construct an open air carport, as requested in File PZ2025- Ua^\\!-0m!c^!,m 370. Board Member Buberl seconded the motion. A roll call vote was taken. Chairman Beaver- Aye; Board Member Buberl- Aye; Board Member Rowe-Aye; Board Member Sorrell-Aye. The motion to approve the request carried 4:0. 6 BOARD OF ADJUSTMENT December 4, 2025 # OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:37 P.M. 7