HomeMy WebLinkAbout9-24-09 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
September 24, 2009
Civic Center
A Special Meeting of the Board of Adjustment was held on September 24, 2009 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
Alternate Member Christopher Plaunty
Board Members absent: Vice -Chairman Pat Avery
Alternate Member Christy Amuny
Also present: Steve Richardson, Planning Manager; Quentin Price, Assistant City
Attorney; Jill Cole, Recording Secretary; Adina Ward, Planner; Danny
Daniels, Building Official; Steve Behrens, Building Inspector
APPROVAL OF MINUTES
Board Member Hilliard made a motion to approve the minutes of the September 3, 2009 Meeting. Board
Member Jowers seconded the motion. Motion to approve carried 6:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 600-BA: Request for an appeal to the substantial damage determination made by the
Floodplain Administrator.
Location: 430 Manning
Applicant: Doug Koch
Mr. Richardson presented the staff report and stated that this item was tabled at the September 3,
2009 meeting. The item was tabled so that Steve Behrens, City Building Inspector, that performed
the original inspection on the subject house could be in attendance for questions.
BOARD OF ADJUSTMENT
September 24, 2009
Mr. Richardson introduced Adina Ward, FloodpIain Administrator for the City. Ms. Ward
presented a slide presentation to clarify some definitions used by FEMA.
The house at 430 Manning was damaged during Hurricane Ike. The property is located in Flood
Zone "AE". Flood Zone "AE" is a special flood hazard area inundated by the 100-year flood.
Regulations state that if a structure located in Flood Zone "AE" is substantially damaged, then it
must be elevated 1.5' above the base flood elevation before any repairs can be made. This would
mean that the house has got to be elevated to 13.5' above mean sea level before the City can permit
any repairs.
After Hurricane Ike, the Floodplain Administrator and a City of Beaumont building inspector
surveyed the structure and made a determination that the structure was substantially damaged.
In this particular case, staff calculates that the replacement cost of the house is $75,045.04.
Computed actual value is $66,039.63 with computed damages at $38,212.93, thereby making
repair/reconstruction 57.86 % of the actual cash value.
Doug Koch, the property owner, hired his own contractor to inspect the house for substantial
damage. His contractor had determined that the house has not received substantial damage as
defined. Mr. Koch's contractor calculates a damage estimate of $12,406.22. Therefore, Mr.
Koch is appealing the City's determination of substantial damage. Which interpretation is judged
to be the most correct will determine whether Mr. Koch has to elevate his house or not.
Thirty 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 Mr. Behrens to address the Board.
Mr. Behrens stated that he inspected the subject property after Hurricane Ike approximately three
times in a two week period. The type of wiring, which is cloth wrapped wiring, was discussed.
He also gave his estimation of the damage.
The applicant, Doug Koch, addressed the Board and answered questions.
Discussion followed between the Board, Ms. Ward and Mr. Koch.
The public hearing was closed.
Discussion followed between the Board members.
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BOARD OF ADJUSTMENT
September 24, 2009
Board Member Maness made a motion to deny a request for an appeal to the substantial damage
determination made by the Floodplain Administrator for the property at 430 Manning as requested
in File 600-BA. Board Member Jowers seconded the motion. Motion to deny carried 4:1
(Harris).
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:50 P.M.
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