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HomeMy WebLinkAbout10-6-16 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT October 6, 2016 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on October 6, 2016 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Mary Jowers Board Member Joey Hilliard Alt. Board Member Lee Smith Alt. Board Member Tom Rowe Board Members absent: Board Member Jeff Beaver Board Member Kelli Maness Alt. Board Member Christy Amuny Also present: Adina Ward, Planning and Zoning; Raymond Rowzee, Planner I, Fran Malvo, Recording Secretary, Sharae Reed, Senior Assistant City Attorney APPROVAL OF MINUTES Board Member Jowers made a motion to approve the minutes from the October 6, 2016, regular meeting. Board Member Smith seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 707-BA: To consider a request for a Variance to the rear setback from 25’ to 15’ in a RM- H (Residential Multiple Family Dwelling-Highest Density District) zoning. Location: 8195 Quail Hollow Applicant: MAAK Construction Ms. Ward presented the staff report. MAAK Construction has applied for a variance to the minimum rear yard setback for their property at 8195 Quail Hollow Drive. The property is zoned RM-H (Residential Multiple Family Dwelling - Highest Density). In an RS (Residential Single Family Dwelling District) the rear setback could be reduced to 15' if no detached structures are to be allowed in the reduced yard. However, in RM-H zoning, no such exception is made. BOARD OF ADJUSTMENT October 6, 2016 Approximately 3 other houses in the neighborhood have been constructed with the reduced setback. One of these structures received a variance when the property was being sold. At least 17 houses have been built in this neighborhood. The neighborhood consists of single family dwelling homes. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides of the subject property were shown. Fifteen (15) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and none were received in opposition. The applicant, Akram Khalil was not present. Chairman Timaeus stated that the applicant has the burden of proof and the board cannot appropriately make a decision without him being present. No discussion followed. Di Chairman Timaeus made a motion to table the request for a Variance to the rear setback from 25’ to 15’ in a RM-H (Residential Multiple Family Dwelling-Highest Density District) zoning due to the applicant’s absence. Board member Smith seconded the motion. Motion to table the request carried 5:0. 22 2) File 708-BA: To consider a request for a Variance to the landscaping requirements. Location: 6250 Eastex Freeway Applicant: William Kalkman Ms. Ward presented the staff report. William Kalkman would like to remove the mature trees located in the off-street parking perimeter. The existing mature trees and hedge meet the requirements of the ordinance. The ordinance states, “A landscaping edge or buffer shall be required along each side of a parking lot that faces towards a public right-of-way. The landscaping edge shall be no less than six (6) feet wide and may use up to three (3) feet of the public right-of-way, if unused and available at the time of permitting. 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. The existing trees are class A trees. The applicant would like to replace the trees and existing shrubs, with a newly landscaped strip containing class B trees. The applicant states that the large trees impede security for the property. Please note that landscaping along other sections 2 BOARD OF ADJUSTMENT October 6, 2016 of the parking perimeter do not meet requirements. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides were shown of the subject property. Eight (8) notices were mailed within 200 feet of the subject property. No responses were received in favor or in opposition. The applicant, William Kalkman, representing Identity Architects at 111 Travis Street, Houston, Texas addressed the board members. Mr. Kalkman stated that his firm is the architect for the renovation project. Mr. Kalkman stated that he was proposing to get rid of the existing type A trees that are required and would like to replace them with a smaller type B trees for safety reasons and visibility of the parking lot. He also wants to make sure there is a consistent look along the feeder road. Mr. Kalkman stated that the owner of National Retail Properties would be in charge of the shrubbery maintenance. Discussion followed. Chairman Timaeus asked for comments in favor or in opposition. No discussion followed. Chairman Timaeus closed the public hearing. Board member Hilliard made a motion to deny the request for a Variance to the landscaping requirements. Board member Jowers seconded the motion. Motion to deny carried. 2:3 (Timaeus, Smith and Rowe). 3) File 710-BA: To consider a request for a Special Exception to waive all off-street parking requirements. Location: 2210 Washington Boulevard Applicant: Betty Lastice Ms. Ward presented the staff report. Betty Lastice would like to operate a barber shop and convenience store at 2210 Washington Boulevard. The property has no off-street parking. All current parking is located on the right- of-way. The barber shop is currently in operation and may remain in operation as it is grandfathered. However, the convenience store has lost any grandfathered status and cannot comply with off-street parking requirements. In order to open the convenience store, the applicant must be awarded a Special Exception to waive all off-street parking requirements or prove they can accommodate the required parking within 400 feet of the property. The ordinance states, "Required off-street parking space shall be located on, or within four hundred (400) feet of the same lot, tract, parcel, or premises as the use being served or other property of the same or less restrictive zoning classification that the owner of the premises being served 3 BOARD OF ADJUSTMENT October 6, 2016 has a continuing right to use for parking." The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides of the subject property were shown. Twenty-five (25) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Carlos Aviles, Traffic Manager for the City of Beaumont addressed the board members. Mr. Aviles stated that after reviewing the property, he counted parking for fourteen spaces and with the existing use and the proposed use; this is what will be needed for the barbershop and convenience store. He also stated that the right-of-way line is equal to the parking spots. The requirements for parking spaces are 9 x 18 which means there will be a slight overhang of the vehicles and that can create a dangerous situation. Although there are no prohibitions for on- street parking, Mr. Aviles noted that parking should be parallel and not perpendicular. Parallel parking would only leave room for four vehicles whereas; perpendicular would leave room for fourteen. Discussion followed. The applicant’s son, Kevin Benton addressed the board members. Mr. Benton stated he is concerned with the customers having to back onto Washington Boulevard. The traffic on Washington Boulevard is very heavy. Discussion followed regarding the parking. Chairman Timaeus questioned why was there parking on the right-of-way instead of the rear of the building. Mr. Benton stated the rear of the building is residential property. Discussion followed. Mr. Aviles readdressed the board members. He stated that the requirements for the parking of a barber shop are one space per barber and one space per chair. Chairman Timaeus stated the ordinance only requires eight parking spots for the barbershop. No further discussion followed. Board member Smith made a motion to approve the request for a Special Exception to waive all off-street parking requirements. Board member Hilliard seconded the motion. Motion to approve carried 5:0. S OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:47 p.m. 4