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HomeMy WebLinkAbout04-02-26 BA Minutes ### " * M I N U T E S * BOARD OF ADJUSTMENT April 2, 2026 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on April 2, 2026 and was called to order at 3:11 p.m. The following members were present: Chairman Jeff Beaver Board Member Rob Clark *arrived at 3:13 pm Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones (voting) Board Members absent: Board Member Jeromy Buberl Also present: Tyraan Albert, Planner I Sharae Reed, City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Alternate Board Member Jones moved to approve the minutes of the March 5, 2026 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 4:0. Board Member Clark not yet present. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:12 p.m. PUBLIC HEARING The applicant of Agenda Item No. 1, PZ2026-41, was not present. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. In order to allow time for the applicant to arrive, Chairman Beaver announced that the presentation of Agenda Item No. 1, PZ2026-41, will be delayed until the end of the meeting. Therefore, the BOARD OF ADJUSTMENT April 2, 2026 # Board moved forward with the presentation of Agenda Item No. 2, PZ2026-72. 2) File PZ2026-72: To consider a request for a Variance to the minimum side yard requirements. Applicant: Gary Wallace Location: 855 Central Drive Ms. Albert presented the staff report. Gary Wallace, on behalf of Christy Amuny, is requesting a Variance to the minimum side yard setback for the property located at 855 Central Drive. The property is zoned R-S (Residential Single-Family Dwelling) which requires a minimum side yard _Q`NMOW!\[R!0i*!HTQ!M\\\\XUOMZ`!U_!_QQWUZS!`\[!^QPaOQ!`TQ!_Q`NMOW!^Q\]aU^QYQZ`!R^\[Y!0i!`\[!-i!`\[! accommodate the construction of an addition. 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 not resul `!R^\[Y!`TQ!M\\\\XUOMZ`i_!\[^!\\^\[\\Q^`e!\[cZQ^i_!\[cZ!MO`U\[Z_5! 2 BOARD OF ADJUSTMENT April 2, 2026 # C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Twenty-six (26) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) were received in favor and zero (0) were received in opposition. Slides of the subject property, site plan, and surrounding area were shown. The applicant and property owner were present. Applicant Gary Wallace, 845 Central Drive, Beaumont, Texas and property owner Christy Amuny, 855 Central Drive, Beaumont, Texas addressed the Board. Ms. Amuny stated that the driveway is pre-existing. She further stated that the plan is to remove the asphalt, replace the asphalt with cement, and construct a garage and carport while retaining the same footprint as when the home was originally constructed. Mr. Wallace stated that the request is to allow the construction of a garage and carport that will be attached to the house. Further discussion followed concerning specifics of the request. Board Member Clark moved to approve the request for a Variance to the minimum side setback ^Q\]aU^QYQZ`!`\[!NQ!^QPaOQP!R^\[Y!0i!`\[!-i!`\[!MOO\[YY\[PM`Q!`TQ!O\[Z_`^aO`U\[Z!\[R!MZ!MPPU`U\[Z!R\[^! property located at 855 Central Drive, as requested in File PZ2026-72. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Beaver- Aye; Board Member Clark-Aye; Board Member Rowe-Aye; Board Member Sorrell-Aye; Alternate Board Member Jones-Aye. The motion to approve the request carried 5:0. 1) File PZ2026-41: To consider a request for a Variance to the minimum front and side yard requirements. Applicant: Delfino Hernandez Location: 1735 Reynolds Road The applicant was not present. Attorney Reed stated that the item was properly posted and the applicant was properly notified. She further noted that the Board can choose to hear the item without the applicant being present to answer any questions or the item can be tabled to the next meeting. Alternate Board Member Jones moved to table to the next meeting the request for a Variance to the minimum front yard requirements to be reduced from -0i!`\[!1i!MZP!`TQ!_UPQ!_Q`NMOW!^Q\]aU^QYQZ`! to be reduced from to allow for the installation of a carport that was constructed without 0i!`\[!+i 3 BOARD OF ADJUSTMENT April 2, 2026 # the benefit of an approved permit for property located at 1735 Reynolds Road, as requested in File PZ2026-41. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Beaver-Aye; Board Member Clark-Aye; Board Member Rowe-Aye; Board Member Sorrell-Aye; Alternate Board Member Jones-Aye. The motion to table the request to the next meeting carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:24 P.M. 4