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HomeMy WebLinkAbout6-7-12 BA Minutes*MINUTES* BOARD OF ADJUSTMENT June 7, 2012 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on June 7, 2012 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Vice -Chairman Pat Avery Board Member Mary Jowers Alternate Member Christopher Plaunty Board Members absent: Board Member Bob Harris Board Member Joey Hilliard Alternate Member Kelli Maness Alternate Member Christy Amuny Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Jowers made a motion to approve the minutes of the Regular Meeting held May 5, 2012. Board Member Plaunty seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 645-BA: Request for variances to the minimum rear yard building setback and to the minimum side yard building setback from 10' to 0' and from the landscaping requirement of providing a landscaped island for every 10 parking spaces in the parking lot. Location: 3536 College Street Applicant: HEB Grocery Co., L. P. Mr. Richardson presented the staff report. John Rose, representing HEB Grocery Company, states that HEB wishes to construct a 68,000 sq. ft. grocery store on the site of the old Baptist Hospital at 3536 College. Due to the required number of parking spaces and the need to maximize the number of customer parking spaces in front of the store, the building needs to be pushed to the north. The need for parking spaces is also impacting the installation of landscaped islands within the interior of the parking lot. One island is required for every ten parking spaces. If the interior islands are BOARD OF ADJUSTMENT June 7. 2012 waived, HEB proposes that the number of trees around the perimeter of the property will be increased by 50%. HEB is working with the City of realigning a portion of Stagg Drive. Portions of the right-of-way are being vacated, new right-of-way is being dedicated and street pavement is being realigned. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Thirty notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Mr. Richardson distributed photos of the subject property. Chairman Timaeus opened the public hearing and asked for the applicant's comments. John Rose, representing HEB Grocery Co., 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. Chairman Timaeus made a motion to approve a variance to the minimum side yard setback reducing that setback from 10' to 0' along an 80' line running north and south along the western edge of a former Stagg Drive right-of-way abandoned by the City of Beaumont prior to June 7, 2012; and a variance to the minimum rear yard setback from 10' to 0' along the southern boundary of Stagg Drive commencing at a point 90' from the eastern boundary of the I I' Street right-of-way and proceeding eastward along the northern boundary of the subject property; and waiving the landscaping requirement of providing a landscaped island for every 10 parking spaces in the parking lot upon the promise of the landowner to reasonably offset this requirement with other landscaping that consists of trees planted along the boundary of the subject property at 3536 College Street as requested in File 645-BA. Board Member Jowers seconded the motion. Motion to approve carried 4:0. 2) File 646-BA: Request for variances to the minimum square footage requirement from 5,000 sq. ft. to 4,251 sq. ft. and 3,286 sq. ft.; to the minimum lot width requirement from 50'to 42' and 37'; to the minimum lot depth requirement from 100' to 89'; to the minimum front yard building setback from 25' to 20.42' and 16.09'; to the minimum interior side yard building setback from 5' to 3'; and to the minimum exterior side yard building setback from 15' to 7.14'. Location: 1775 North Street and 665 First Street Applicant: Rocky Schlett Mr. Richardson presented the staff report. In 2011, Lot 9, Block 21, McFaddin Second Addition was replatted into Lots 9A and 9B. There were originally three houses on Lot 9. These houses were built in the early 1920's, before any zoning regulations were in place. With the 2011 replat, Lot 9A 2 BOARD OF ADJUSTMENT June 7. 2012 contains one house and Lot 9B contains two houses. City Council granted a license -to -encroach into the alley for one of the houses on Lot 9B. Rocky Schlett, the property owner, would now like to separate the two houses on Lot 9B onto two separate lots. The lots do not meet the minimum area requirement, the minimum lot width requirement, the minimum lot depth requirement and the minimum front and side yard building setback requirements. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Eighteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Jeremy Mitchell with Faust Engineering addressed the Board on behalf of Rocky Schlett. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. Board Member Plaunty made a motion to approve variances to the minimum square footage requirement from 5,000 sq. ft. to 4,251 sq. ft. and 3,286 sq. ft.; to the minimum lot width requirement from 50'to 42' and 37; to the minimum lot depth requirement from 100'to 89'; to the minimum front yard building setback from 25' to 20.42' and 16.09'; to the minimum interior side yard building setback from 5' to 3'; and to the minimum exterior side yard building setback from 15' to 7.14' as presented to the Board in a Faust Engineering and Surveying, Inc. scale drawing reference No. 100463. Vice Member Avery seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:59 P.M.