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HomeMy WebLinkAbout4-5-18 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT April 5, 2018 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on April 5, 2018 and called to order at 3:05 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Alternate Board Member Tom Rowe Alternate Board Member Lee Smith Board Members absent: Alternate Board Member Christy Amuny Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary, Sharae Reed, Assistant City Attorney APPROVAL OF MINUTES Board Member Timaeus stated that the minutes from the December 7, 2017 Regular meeting should read motion to approve failed 3:1 (Timaeus). Chairman Timaeus made a motion to amend the minutes. Board member Beaver seconded the motion. Motion to amend the minutes from the December 7, 2017 meeting carried 5:0. Board member Beaver made a motion to approve the minutes as amended. Board member Rowe seconded the motion. Motion to approve the minutes as amended carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 727-BA: Consider a request for a Variance for an appeal of a determination made by the Floodplain Administrator regarding substantial damage. Applicant: Raymond C. Robinson Location: 11375 Best Road Mrs. Josey presented the staff report. Mrs. Josey informed the Board that she is the Flood Plain Administrator for the City of Beaumont. Raymond C. Robinson has made a request for an appeal to the substantial damage determination made by the Floodplain Administrator. The property is located at 11375 Best Road. The house received damage during Hurricane Harvey. The property is located in Flood Zone BOARD OF ADJUSTMENT April 5, 2018 “AE”. Flood Zone “AE” is a special flood hazard area inundated by the 100-year flood. Regulations state that if a structure located in Flood Zone “AE” is substantially damaged, then it must be elevated 1.5' above the Base Flood Elevation (BFE) before any repairs can be made. The BFE in this area is 17.8' above mean sea level. This would mean that the lowest floor of the house must to be elevated to 19.3' to be in compliance with current regulations. An Elevation Certificate dated 4/18/2001 was submitted for the property showing a lowest floor elevation of 18.8 feet. After Hurricane Harvey, the Federal Emergency Management Agency (FEMA) sent representatives to inspect flooded structures in our floodplain and made a determination that the structure was substantially damaged. Substantially damaged is defined as damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. In this particular case, FEMA's damage calculator determined that the computed actual cash value of the house is $183,245.60. With computed damages of $99,388.52, the structure damage was calculated to be 54.2%. Mr. Robinson hired his own contractor to inspect the house for substantial damage. His contractor had determined that the house has not received substantial damage as defined. Mr. Robinson’s contractor calculates a damage estimate of $118,900.00. A new pre storm appraisal of the structure was performed as well, finding the market value to be $240,000. Therefore, Mr. Robinson is appealing the City’s determination of substantial damage. Which interpretation is judged to be the most correct will determine whether Mr. Robinson has to elevate his house or not. It should be noted that Mr. Robinson's contractor is not currently bonded with the City of Beaumont. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Slides of the subject property were shown. Mrs. Josey stated that as the Flood Plain Administrator, it is her duty to determine whether or not a property is substantially damaged. Substantial damage as defined by FEMA states that if the repairs to the property needed to get it back to pre-flood status exceeds over 50% of the value of the property. FEMA sent crews to assist the City of Beaumont to perform substantial damage determinations using their substantial damage estimate software. A brief discussion followed regarding how the FEMA software determines substantial damage. Mrs. Josey explained FEMA’s guidelines for determining substantially damaged structures. She stated that if the homeowner’s did not agree with FEMA’s evaluations, they were given the option to hire a private appraiser to determine the appraisal of the property. The homeowner also had to get an estimate from a licensed contractor of their choice, of the costs of repairs for the home. Once the estimate is submitted and it is determined that the calculations were less than 50% of the value, the homeowner has the choice to be heard by the Board of Adjustment Committee. Mrs. Josey stated the Board of 2 BOARD OF ADJUSTMENT April 5, 2018 Adjustment can overturn her decision. Chairman Timaeus asked what kinds of responses were received from nearby owners. Mrs. Josey replied six (6) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and none were received in opposition. Mrs. Josey stated that Mr. Robinson’s property had the greatest value compared to the other surrounding structures. Mrs. Josey stated that the Jefferson County Appraisal District (JCAD) valued the property at $239,000.00 for the land and the structure. Chairman Timaeus stated he would like to know the value of only the structure. Chairman Timaeus also asked Mrs. Josey had she been inside the home. Mrs. Josey replied no, that she had only been outside the home to take pictures. Discussion followed regarding regulations and the Flood Plain Ordinance for the City of Beaumont. Mrs. Josey stated that she had an Elevation Certificate for the property and it was prepared in 2001 for Mr. Robinson. More discussion followed. The applicant, Raymond Robinson, 11375 Best Road addressed the Board. Mr. Robinson stated that he was upset because he was denied and had been out of his home for seven (7) months. He also stated that the Ordinance changed after he purchased his property. Mr. Robinson stated that per FEMA’s guidelines, he is six inches above the rebuilding stages. Mrs. Josey rebutted and stated that it is per FEMA’s standards and the Base Flood Elevation. She stated that FEMA encouraged the City to adopt a higher standard and that the higher standard is the free board. Mrs. Josey stated that when Mr. Robinson built his home the free board was one foot above Base Flood Elevation. It currently is eighteen (18) inches above the BFE (Base Flood Elevation). Mr. Robinson stated that he was unaware of the ordinance and felt that he should be grandfathered in. He stated he met the standards before the home was purchased and that he spoke with FEMA directly and he is following their guidelines and not the City’s. He stated that he does not have a mortgage on the home and he would either like to rebuild his home or walk away from it. Discussion followed. Mr. Robinson stated that he had to replace all the exterior doors and FEMA told him that he had to change all of the windows. He said that the flooring downstairs was tile and the flooring upstairs was carpet. Mr. Robinson stated that the home is structurally sound. Discussion followed. The Board held a discussion amongst themselves. Chairman Timaeus made a motion to consider the request for a Variance for an appeal of a determination made by the Floodplain Administrator regarding substantial damage as requested for File 727-BA. He stated that based on the findings by the Board, Mr. Robinson’s home is not substantially damaged. Using the definition of substantially damaged, applicable to the case, and based on the evidence presented by Mr. Robinson. Board member Rowe seconded the motion. Motion to approve the request carried 5:0. Di OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:52 p.m. 3