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HomeMy WebLinkAbout7-14-16 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT July 14, 2016 City Hall, 801 Main Street A Special Meeting of the Board of Adjustment was held on July 14, 2016 and called to order at 3:01 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Kelli Manness Alt. Board Member Tom Rowe Alt. Board Member Lee Smith Board Members absent: Board Member Mary Jowers Board Member Joey Hilliard Alt. Board Member Christy Amuny Also present: Adina Ward, Planning and Zoning; Raymond Rowzee, Planner I, Fran Malvo, Recording Secretary, Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Smith made a motion to approve the minutes from the June 2, 2016, meeting. Board Member Beaver seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 703-BA: To consider a request for a Variance to waive the requirements of six feet of landscaping to be placed between off-street parking lots and public rights of way. Location: 3980 IH-10 S. Applicant: Vertical Construction Management Adina Ward presented the staff report. Larae Tucker, on behalf of Vertical Construction Management, has requested a variance to the landscaping requirements at 3980 IH-10 South. Vertical Construction Management is proposing to build a Taco Bell restaurant at this location. As this is new construction with a parking lot adjacent to a right-of-way, a 6' landscaping buffer is required with 3' allowed to be in the right-of-way. The purpose of this landscaping buffer is, ". . . to protect the character and stability of residential, commercial, institutional and industrial areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, to enhance the aesthetic and visual image of the Board of Adjustment July 14, 2016 community, . . and to assist with clean air." More specifically, the landscaping provides an aesthetic buffer for the parking lot. The neighboring gas station owns a perpetual easement within the applicant's property line, and the owner of the gas station will not agree to the placement of vegetation within their easement. The applicant states that the 3 feet of landscaping to be located on the public right-of-way should be sufficient to beautify the property. This particular right-of-way is not owned by the city of Beaumont, but by TXDOT (Texas Department of Transportation). It is unlikely that TXDOT will agree to any portion of the required 6' landscaping buffer to be placed within their right- of-way. The existing buildings and parking lot were built long before the current landscaping ordinance was created. Slides of the subject property were shown. Three (3) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and one was received in opposition. Christopher Rothfelder, attorney for the applicant, addressed the board members. Discussion followed. Mr. Rothfelder stated that he was unaware the right-of-way belonged to the Texas Department of Transportation (TXDOT) and not the City of Beaumont. He stated that he did reach out to TXDOT regarding the vegetation issue. Mr. Rothfelder stated that the reason for the noncompliance vegetation ordinance is because the neighboring landowners share an easement that would not allow them full access. David Gregory, Taco Bell’s engineer, addressed the board. Mr. Gregory stated that the curb line was on the right-of-way line and that the easement starts at the property line/right-of-way. Mr. Gregory stated where the existing drive is, it is not possible to install 3 feet of vegetation inside the property line. Discussion followed. Mr. Rothfelder readdressed the board to clarify there were three proposals. Roy Steinhagen, Chairman and CEO of Steinhagen Oil Company, addressed the board. Mr. Steinhagen stated that he is the son of Janie and Mark Steinhagen whom are the owners of the property and he is representing their interest through Power of Attorney. Mr. Steinhagen addressed Mr. Boone regarding the plans being approved to start the construction of the Taco Bell. Mr. Boone stated the vegetation issue was the cause in the delay of the approval of the plans. Mr. Steinhagen also stated that Taco Bell never contacted him to discuss the landscaping in the easement. Discussion followed. Becky Stefan addressed the board. Ms. Stefan did not speak in favor or against the case. She stated that landscaping is a very important part of the community and that it enhances the property value and curb appeal. Mr. Rothfelder readdressed the board to state that the issue at hand is regarding the landscaping. Discussion followed amongst the board members. Board member Maness made a motion to deny a Variance to waive the requirements of six feet of landscaping to be placed between off-street parking lots and public rights-of-way as requested in File 703-BA. Board member Beaver seconded the motion. Motion to deny carried 5:0. 2) File 705-BA: To consider a request for a Variance to allow an electronic reader board sign as a wall sign. Location: 2310 IH-10 Applicant: Red Roof Inn & Suites 2 Board of Adjustment July 14, 2016 Th Ms. Ward presented the staff report. he Red Roof Inn & Suites, located at 2310 Interstate 10 South in Beaumont, is requesting a variance from the Sign Regulation Ordinance, and more specifically, electronic reader board signs. All signage is affixed to the exterior of the building and no detached identification sign exists on the property. The Beaumont Zoning Ordinance states, "The electronic reader board is to be attached to or a part of a detached owner identification sign." The purpose of the proposed electronic reader board is to advertise the current room rate at the hotel and will meet all other requirements for an electronic reader board. Thirteen (13) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or against. A The applicant, Bill Sisson, the owner of the hotel, addressed the board. Mr. Sisson stated the hotel is four stories high. Mr. Sisson stated that one of the requirements of the Red Roof Inn is to have a reader board with the price on it. He stated that he chose to use the lighted signs on both ends of the building. Discussion followed. Board member Smith made a motion to approve a request for a Variance to allow an electronic reader board sign as a wall sign as requested in File 705-BA. Board member Maness seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:53 p.m. 3