HomeMy WebLinkAbout9-6-12 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
September 6, 2012
City Hall, 801 Main Street
A Regular Meeting of the Board of Adjustment was held on September 6, 2012 and called to order at 3:00
p.m. with the following members present:
Chairman Dana Timaeus
Board Member Bob Harris
Board Member Joey Hilliard
Board Member Mary Jowers
Alternate Member Kelli Maness
Board Members absent: Vice -Chairman Pat Avery
Alternate Member Christopher Plaunty
Alternate Member Christy Amuny
Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina
Ward, Planner; Tyrone Cooper, City Attorney
APPROVAL OF MINUTES
Board Member Hilliard made a motion to approve the minutes of the Regular Meeting held August
2, 2012. Board Member Jowers seconded the motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 650-BA: Request for a variance to the minimum exterior side yard building setback from 10'to
6' 7".
Location: 3755 Preston
Applicant: Jessie Davis
Mr. Richardson presented the staff report. The north side of the subject property abuts an
unimproved section of Leon Street. The lot is considered a corner lot and a 10' minimum exterior
side yard building setback is required. Mr. Davis states that the literal enforcement of the ordinance
will result in unnecessary hardship for the homeowner because the lot would otherwise be too
narrow to build on.
BOARD OF ADJUSTMENT
September 6, 2012
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
Twenty-six notices were sent to property owners within 200 feet. No responses in favor and none
in opposition were returned.
Slides of the subject property were shown.
Chairman Timaeus opened the public hearing and asked for the applicant's comments.
Jessie Davis, the applicant, 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 Harris made a motion to approve a variance to the minimum exterior side yard
building setback from 10' to 6' 7" at 3755 Preston as requested in File 650-13A. Board Member
Hilliard seconded the motion. Motion to approve carried 5:0.
2) File 651-BA: Request for variances to the minimum lot area from 5,000 sq. ft. to 3,750 sq. ft. and
to the minimum lot depth requirement from 100' to 751
.
Location: 2628 Amarillo
Applicant: Faust Engineering & Surveying, Inc.
Mr. Richardson stated that File 651-BA had been withdrawn.
3) File 652-BA: Request for variances to the minimum side yard building setback for a two story
structure from 7' 6" to 4' 7" and 5'.
Location: 150 Clark
Applicant: Ginnetta Joseph
Mr. Richardson presented the staff report. Ginetta Joseph, the property owner, was found in
violation of constructing a second story to her house without a building permit. She states that she
needs the additional room for the keeping of her children. The Zoning Ordinance requires a
minimum 7'6" side yard building setback for two story houses.
According to a City of Beaumont Building Code Inspection Officer, after a complaint a year ago,
an inspection was made of the property. A stop work order was posted on the property. At that time
framing had been done. According to the Inspector, work continued on the property until the
property owner contacted the City about the stop work order. By that time, the addition had been
enclosed all without building permits and any inspections.
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BOARD OF ADJUSTMENT
September 6, 2012
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. One response in opposition and
none in favor were returned.
Slides of the subject property were shown.
Chairman Timaeus opened the public hearing and asked for the applicant's comments.
Ginnetta Joseph addressed the Board.
Chairman Timaeus asked for comments in favor or in opposition.
Elizabeth Gibbs addressed the Board in opposition to the request. She owns the properties to the
east and west of the subject property at 130, 140, 170 Clark and 4655 Highland.
Charles Gibbs, Jr. addressed the Board in opposition to the request.
Chairman Timaeus closed the public hearing.
Discussion followed between the Board members.
Board Member Hilliard made a motion to deny a request for variances to the minimum side yard
building setback for a two story structure from 7' 6" to 4' 7' and 5' at 150 Clark as requested in File
652-BA. Board Member Harris seconded the motion. Motion to deny carried 5:0.
4) File 653-BA: Request for variances to the minimum rear yard building setback from 25' to 10' and
to the minimum side yard building setback from 5' to 2' 6".
Location: 305 IH-10 South
Applicant: John Ramirez
Mr. Richardson presented the staff report. Mr. Ramirez, the owner of Golden Chem -Dry, states that
he has a contract to purchase the location of Hamilton Pools. The company has outgrown its
location on College Street.
Mr. Ramirez would like to build a larger facility at the new location that would include an automated
area rug cleaning facility. He needs to construct a 30' x 90' building to house the rug cleaning
equipment and a drain to run around the perimeter of the building. The new building will attach to
the existing warehouse. Mr. Ramirez states that the only option to make an addition of this size is
to add on to the existing warehouse at the rear of the property.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
BOARD OF ADJUSTMENT
September 6, 2012
Twelve notices were mailed to property owners within 200 feet. Two responses in favor and none
in opposition were returned.
Slides of the subject property were shown.
Chairman Timaeus opened the public hearing and asked for the applicant's comments.
John Ramirez, the applicant, addressed the Board.
Chairman Timaeus asked for comments in favor or in opposition.
Elizabeth George, 220 S. 15' Street, addressed the Board.
Chairman Timaeus closed the public hearing.
Discussion followed between Board members.
Chairman Timaeus made a motion to approve variances to the minimum rear yard building setback
from 25' to 1Wand denied the variance to the minimum side yard building setback from 5' to 2' 6"
at 305 IH-10 South as requested in File 653-BA. Motion carried 5:0
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:05 P.M.
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