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HomeMy WebLinkAbout6-5-14 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT June 5, 2014 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on June 5, 2014 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Mary Jowers Board Member Kelli Maness Alternate Member Christy Amuny Board Members absent: Vice-Chairman Pat Avery Board Member Joey Hilliard Alternate Member Christopher Plaunty Also present: Adina Ward, Planner II; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Sharae Reed, First Assistant City Attorney; Leslie Rideau, Planner I; Chris Boone, Director of Planning and Community Development APPROVAL OF MINUTES Board Member Amuny made a motion to approve the minutes of the Regular Meeting held February 6, 2014. Board Member Jowers seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 672-BA: Request for a special exception to the minimum front yard building setback from 25’ to 4.5’. Location: 1585 Linson Street Applicant: J. W. Turner Construction, Ltd. Ms. Ward presented the staff report. Karl Gassen, representing J.W. Turner Construction LTD., applied for a special exception to the minimum front setback from 25’ to 4.5’ at 1585 Linson Street. Special exception b.1 An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations. The remaining houses on the street sit, on average, approximately 5’ from the front property. J.W. Turner construction is a contracting company hired by URS Corporation to build houses, replacing those damaged in Hurricanes Rita and Ike. In Round 1 of FEMA Disaster Recovery efforts due to hurricanes Rita and Ike, URS was hired by SETRPC (Southeast Texas Regional Planning Commission) to manage construction in our area. Later, URS was hired by the GLO (General Land Office) to manage the CDBG (Community Development Block Grant) Round 2. Most of the structures being replaced were built in the early 1900’s and do not meet current setback requirements where they sit. Occasionally the lot does not meet minimum requirements for width or depth. That is the case in this request. Mr. Gassen stated that due to the shallowness of the property, a special exception is necessary to fit a new structure at this location. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Thirty-two notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant=s comments. Karl Gassen addressed the Board. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Board members. Board Member Jowers made a motion to approve a special exception to the minimum front yard building setback from 25’ to 4.5’ at 1585 Linson Street as requested in File 672-BA. Board Member Maness seconded the motion. Motion to approve carried 4:0. 2) File 675-BA: Request for a variance to the minimum front yard setback from 25' to 15' and the rear setback from 15’ to 5’. Location: 2210 Beatrice Applicant: J. W. Turner Construction Ms. Ward presented the staff report. Karl Gassen, representing J.W. Turner Construction LTD., applied for a special exception to the minimum front setback from 25’ to 15’, and the minimum rear setback from 15’ to 5’ for the property at 2210 Beatrice Street. J.W. Turner construction is a contracting company hired by URS Corporation to build houses, replacing those damaged in Hurricanes Rita and Ike. In Round 1 of FEMA Disaster Recovery efforts due to hurricanes Rita and Ike, URS was hired by SETRPC (Southeast Texas Regional Planning Commission) to manage construction in our area. Later, URS was hired by the GLO (General Land Office) to manage the CDBG (Community Development Block Grant) Round 2. Most of the structures being replaced were built in the early 1900’s and do not meet current setback requirements where they sit. Occasionally the lot does not meet minimum requirements for width or depth. That is the case in this request. Mr. Gassen stated that due to the shallowness of the property, a variance is necessary to fit a new structure at this location. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Thirty-six notices were sent to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant=s comments. Karl Gassen addressed the Board and answered questions. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Board members. Board Member Amuny made a motion to approve a variance to the minimum front yard setback from 25' to 15' and the rear setback from 15’ to 5’ at 2210 Beatrice as requested in File 675-BA. Board Member Jowers seconded the motion. Motion to approve carried 4:0. 3) File 673-BA: Request for a variance to the side setback from 5’ to 0’. Location: 2890 Dowlen Road Applicant: Choice Petroleum, Inc. Ms. Ward presented the staff report. G. L. Sitton on behalf of Choice Petroleum applied for a variance to the minimum side yard building setback from 5’ to 0’ for the property at 2890 Dowlen Road. Mr. Sitton stated he would like to pave the grassed area and place storage containers between the existing car wash and brick fence. According to Mr. Sitton, placing the containers anywhere else on the property would impede traffic or eliminate necessary parking. The additional storage is necessary for the growth of his business. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Eight notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman opened public hearing and asked for comments. Mr. Sitton addressed the Board and answered questions. Chairman Timeaus asked for comments in favor or in opposition. No comments were made. Discussion followed between Mr. Sitton and the Board regarding withdrawal of the application. The applicant withdrew his request. 4) File 674-BA: Request for an appeal of the Planning staff’s interpretation of Section 28.04.005(b)2 as allowed in Section 28.02.005 of the City of Beaumont Zoning Ordinance. Location: 3906 Kenneth Applicant: Thinh Cong Nguyen Ms. Ward presented the staff report. Thinh Cong Nguyen asked that the Board hear an appeal to a decision made by the Planning Division staff. Section 28.02.005(c) of the Beaumont, Texas Code of Ordinance allows for such an appeal and states: Appeal process. Appeals to the board can be taken by any person aggrieved or by an officer, department, or board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. In late April Mrs. Nguyen sent a potential lessee to the Planning and Zoning counter to apply for a certificate of occupancy to open a business at 3906 Kenneth Avenue. The property at 3906 Kenneth Avenue is zoned RS (Residential Single Family Dwelling) District and was open as a small neighborhood grocery for many years. According to the Beaumont Health Department, and Mrs. Nguyen, the grocery was closed in February 2013. The application for certificate of occupancy was denied as more than one year had passed since a commercial use had been in operation. Section 28.04.005(b)2 of the Beaumont, Texas Code of Ordinance states: Any building, structure or land which is occupied or used as a lawful nonconforming use which shall become vacant or unused for a continuous period of one year shall not thereafter be occupied or used except for a use which conforms to the use regulations of the district in which it is located. Provided, however, that nonconforming field crops may be reestablished when the land has been unused for a period of time not exceeding three (3) years. For the purposes of this paragraph “vacant” or “unused” shall mean the nonconforming use has been intentionally abandoned. The temporary suspension of a use shall not constitute abandonment, provided the property is not used during the period of suspension for any other purpose. Mrs. Nguyen argues the use should be allowed to continue as she had entered into a lease for the business in February of 2014, even though the lessee did not make application for a certificate of occupancy until April. The Planning staff’s interpretation of the ordinance is that the property must be in use within a years’ time. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant’s comments. Ms. Nguyen addressed the Board and answered questions. Chairman Timaeus asked for comments in favor or in opposition. None were made. The public hearing was closed. Discussion followed between the Board, Planning staff and the City Attorney. Chairman Timaeus made a motion to approve an appeal of the Planning staff’s interpretation of Section 28.04.005(b)2 as allowed in Section 28.02.005 of the City of Beaumont Zoning Ordinance as it applies to the property at 3906 Kenneth as requested in File 674-BA. Board Member Amuny seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:15 P.M.