Loading...
HomeMy WebLinkAbout12-1-16 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT December 1, 2016 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on December 1, 2016 and called to order at 3:07 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Alt. Board Member Lee Smith Alt. Board Member Christy Amuny Board Members absent: Board Member Joey Hilliard Board Member Kelli Maness Board Member Mary Jowers Alt. Board Member Tom Rowe Also present: Adina Josey, Planning and Zoning; Fran Malvo, Recording Secretary, Quentin Price, First Assistant City Attorney APPROVAL OF MINUTES Board Member Smith made a motion to approve the minutes from the November 3, 2016, regular meeting. Board Member Amuny seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 711-BA: Consider a request for a Variance to the side yard setback from 5’ to 0’ in a GC- MD (General Commercial-Multiple Family Dwelling) district. Location: 1695 College Street Applicant: Hani Tohme Mrs. Josey presented the staff report. Hani Tohme of Golden Triangle Consulting Engineers, on behalf of Akram Hammad, is requesting a variance to allow a structure zero (0) feet from the property line at 1695 College Street. Mr. Tohme states that his client would like to install a walk in cooler for use in the convenience store. As the structure was built long ago, a walk in cooler was not accommodated in the existing floorplan. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. BOARD OF ADJUSTMENT December 1, 2016 Slides of the subject property were shown. Eleven (11) 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. Discussion followed between Mrs. Josey and Chairman Timaeus. Akram Khalil was not present. There was a brief intermission while waiting on Legal counsel to appear. Hani Tohme of 2566 I-10 East, Suite 7 representing Golden Triangle Consulting Engineers and the applicant, addressed the board members. Mr. Tohme stated that what is being asked of will not change the ordinance, parking, and driveway nor will it affect the adjacent property owners. Discussion followed between Mr. Tohme and Chairman Timaeus. Mr. Tohme stated that the concern of the lighting is more than likely the power is going to the furniture store and not the convenient store. The furniture store is adjacent to the convenient store. Discussion followed among the Commissioners. Di Board member Smith made a motion to approve the request for a Variance to the side yard setback from 5’ to 0’ in a GC-MD (General Commercial- Multiple Family Dwelling) District as requested in File 711-BA. Board member Beaver seconded the motion. Motion to approve carried 4:0. 2) File 712-BA: Consider a request for a Variance to reduce the required rear landscaped buffer from 10’ to 3’. Location: 1345 South Major Drive Applicant: Ashwin Patel Ashwin Patel plans to construct a temple at 1345 S. Major Drive. Mr. Patel has designed a site plan that utilizes seven (7) feet of the required ten (10) foot landscaped buffer for parking. This would reduce the landscaped buffer to three (3) feet. The applicant states that this will allow additional parking needed on occasion. Section 28.04.006(f) of the City of Beaumont Ordinance states, When a commercial or industrial use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a ten-foot width of landscaping open space buffer strip shall be installed and maintained by the owner, developer or operator of the commercial or industrial property between it and the adjacent residentially zoned property. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Mrs. Josey presented the staff report. Slides of the subject property were shown. 2 BOARD OF ADJUSTMENT December 1, 2016 Seventeen (17) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and three responses were received in opposition. Discussion followed between Mrs. Josey and Chairman Timaeus. Mrs. Josey stated that the dumpster is not allowed to be included in the ten foot buffer. The property owner, Ashwin Patel addressed the board members. Mr. Patel stated that he is one of the principle members that own the existing land and would like to propose building the temple. He also stated that he would provide an eight foot wooden fence along the property line and that the dumpster can be relocated if need be. Mr. Patel stated that if he uses the current buffer that is set, the parking lot would lose 10 to 12 parking spaces. He said by granting a variance it would allow them to have as many parking spots as possible as they will be utilized for weddings, funerals and other events. Mrs. Josey stated that along with the landscaping being a requirement, irrigation is another one also. Chairman Timaeus asked if anyone else would like to speak in favor of the Variance. He also asked if anyone would like to speak in opposition of the proposal. Mr. Larry Perkins of 1350 Avalon addressed the Commissioners. Mr. Perkins is in opposition of the Variance because he feels there will be some serious drainage issues associated with the Variance. The property should drain from back to front. Paul Kotlarich of 1420 Avalon addressed the Commissioners. Mr. Kotlarich expressed concerns regarding drainage issues. Mrs. Josey suggested that he and Mr. Perkins contact the Streets and Drainage Department with the City of Beaumont. No further discussion. Board member Amuny made a motion to approve a Variance to reduce the required rear landscaped buffer from 10’ to 3’ as requested in File 712-BA. Board member Smith seconded the motion. Motion to approve carried 4:0. L S OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:19 p.m. 3