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Home My WebLink About12-3-09 BA Minutesm BOARD OF ADJUSTMENT December 3, 2009 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on December 3, 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 lowers Alternate Member Christy Amuny Alternate Member Christopher Plaunty Board Members absent: Vice -Chairman Pat Avery Alternate Member KeIli Maness Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Quentin Price, Assistant City Attorney APPROVAL OF MINUTES Board Member Hilliard made a motion to approve the minutes of the Regular Meeting held November 5, 2009. Board Member lowers seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) Pile 602-BA: Request for a variance to the floodplain ordinance requirement that commercial property be flood proofed to 18" above the floodplain elevation. Location: 560 Marina Drive Applicant: Richard Ware for the Beaumont Yacht Club Mr. Richardson presented the staff report. Richard Ware, representing the Beaumont Yacht Club, states that they are building two boat storage units. The buildings will be constructed on property located in an "AE" flood plain. The "AE" flood plain is defined as a special flood hazard area that is inundated by the 100-year flood. BOARD OF ADJUSTMENT December 3, 2009 The Beaumont Flood Zone Ordinance states that "new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated a minimum of VV above the base flood level or together with attendant utility and sanitary facilities, be designed so that a minimum of VV above and below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy." FEMA Technical Bulletin 7-93 states that a variance to allow wet floodproofing may be issued for structures functionally dependent on close proximity to water. Wet floodproofing is defined as: Permanent or contingent measures applied to a structure and/or its contents that prevent or provide resistance to damage from flooding by allowing flood waters to enter the structure. The following requirements, at a minimum, must be attached to the variance for an accessory structure: 1) It must be anchored to resist flotation, collapse and lateral movement. 2) The portions of these structures located below the BFE must be constructed or flood - resistant materials. 3) It must be designed to allow for the automatic entry and exit of flood waters. 4) Mechanical and utility equipment must be elevated or floodproofed to or above the BFE. 5) It must comply with the floodway encroachment provisions of the NFIP Regulations. 6) Its use must be limited to parking and/or limited storage. Mr. Ware states that having to meet the requirement to raise or floodproof would cause a financial hardship that would result in a failure to meet financial obligations and would cause a forfeiture of the Yacht Club's lease. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Six notices were mailed to property owners within 200 feet. No notices in favor or in opposition were returned. Adina Ward, Floodplain Administrator for the City, addressed the Board. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. The applicant was not present. 2 BOARD OF ADJUSTMENT December3, 2009 Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. Board Member Harris made a motion to table the request for a variance to the floodplain ordinance requirement that commercial property be flood proofed to 18" above the floodplain elevation at 560 Marina Drive as requested in File 602-BA until the applicant could be present. Board Member Hilliard seconded the motion. Motion to table carried 5:0. (Board Member Plaunty arrived.) 2) File 603-BA: Request for a variance to the screening requirement from an 8' tall opaque fence to a 6' tall opaque fence. Location: 6225 N. Circuit Applicant: Rob Clark for Beaumont Independent School District 3) File 604-BA: Request for a variance to the screening requirement from an 8' tall opaque fence to a 6' tall opaque fence. Location: 102 Caldwood Drive Applicant: Rob Clark for Beaumont Independent School District 4) File 605-BA: Request for a variance to the screening requirement from an 8' tall opaque fence to a 6' tall opaque fence. Location: 5850 Regina Howell Applicant: Rob Clark for Beaumont Independent School District Mr. Richardson presented the staff report for all three variance requests. These items are requests for variances to the screening requirement from an 8' tall opaque fence to a 6' tall opaque fence. The properties are located at 6225 N. Circuit, 102 N. Caldwood and 5850 Regina Lane. BISD is building new schools for Sally Curtis Elementary, Caldwood Elementary and Regina - Howell Elementary. The old school buildings will be demolished and new schools will be built. As a result of the demolition, the current screening requirement of providing an 8' tall opaque fence along property lines that abut residential zoning applies. For Sally Curtis, Rob Clark states that BISD would like to construct 6' tall fences along the north and a portion of the south property lines. A church is adjacent to the property on the west and a fence is not required on that side. For Caldwood Elementary, Mr. Clark states that BISD would like to construct 6' tall fences along the south, west and a portion of the east property lines. 3 BOARD OF ADJUSTMENT December 3, 2009 For Regina Howell, Mr. Clark states that BISD would like to construct 6' tall fences along the north and west property lines. The main purpose of the request for 6' tall fences is BISD's goal to reduce the chance of severe damage to the fences due to hurricane winds since the exposure across the open fields are high and, if damaged, the issue of delays in having the fences repaired for school security issues. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been approved. For Sally Curtis, 52 notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. For Caldwood, 48 notices were mailed to property owners within 200 feet. No responses in favor and four in opposition were returned. For Regina -Howell, 50 notices were mailed to property owners within 200 feet. No responses in favor and six in opposition were returned. Discussion followed between the Board and Mr. Richardson. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Rob Clark with Architectural Alliance, Inc. addressed the Board. Discussion followed between Mr. Clark and the Board regarding hurricane fences. Chairman Timaeus asked for comments in favor or in opposition on File 603-BA. No comments were made. Chairman Timaeus asked for comments in favor or in opposition on Pile 604-BA. Doug Andrews addressed the Board Chairman Timaeus asked for comments in favor or in opposition on Pile 605-BA. David Ledyard 8 Oak Trace, addressed the Board in opposition to the request. Ryan Gertz, 2150 Brewton Circle, addressed the Board in opposition to the request. The public hearing was closed. Rebuttal by Mr. Clark. r Discussion followed between the Board members. l 2 BOARD OF ADJUSTMENT December3, 2009 Board Member Harris made a motion to deny variances to the screening requirements from an 8' tall opaque fence to a 6' tall opaque fence for Files 603-BA, 604-BA and 605-BA as requested. Board Member Hilliard seconded the motion. Motion to deny carried 6:0. (The applicants for File 602-BA arrived and the Board considered the file.) 5) File 602-BA: Request for a variance to the floodplain ordinance requirement that commercial property be flood proofed to 18" above the floodplain elevation. Location: 560 Marina Drive Applicant: Richard Ware for the Beaumont Yacht Club Mr. Richardson gave a brief presentation of the staff report for the benefit of the applicant. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Jenny Ware addressed the Board. Mrs. Ware is the wife of the applicant, Richard Ware. Mrs. Ware gave Mike Labrie, Beaumont Yacht Club board member, 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 applicant and the Board. Board Member Harris made a motion to approve a variance to the floodplain ordinance requirement that commercial property be flood proofed to 18" above the floodplain elevation for two new dry storage buildings at 560 Marina Drive as requested in File 602-BA, conditioned upon the owner's and builder's compliance with FEMA Technical Bulletin 7-93, Wet Floodproofing Requirements. Board Member Hilliard seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:18 P.M. 5