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HomeMy WebLinkAboutAugust 2020 BOA Packet*AGENDA* BOARD OF ADJUSTMENT August 6, 2020 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:00 p.m. The meeting will also be broadcasted on the City's YouTube channel; https://www.youtube.com/channcWCnY6nNk8zfXZulMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the special meeting held June 18, 2020. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 757-BA: Consider a request to allow a Variance to the minimum rear yard setback from 25 feet to 4 feet and the minimum exterior side yard setback from 10 feet to 5 feet. Applicant: Albert LeBlanc Location: 2250 Angelina Street OTHER BUSINESS ADJOURN *MINUTES* BOARD OF ADJUSTMENT June 18, 2020 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on June 18, 2020 and called to order at 3:01 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Board Member Tom Rowe Board Member Lee Smith Board Members absent: Board Member Christy Amuny Alternate Board Member Sandy Pate Also present: Katrina Purcell, Planner I Adina Josey, Senior Planner Thomas Duesler, Senior Assistant City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for March 5, 2020. Board Member Smith seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:03 p.m. PUBLIC HEARING 1) File 753-BA: Consider a request to allow a Variance to the minimum side setback from 5 feet to 2 feet. Applicant: Scott Reeves of Struggle Street Brewery Location: 2140 Calder Avenue Mrs. Purcell presented the staff report. Scott Reeves of Struggle Street Brewery has applied for a variance to the minimum side yard setback for the property located at 2140 Calder Avenue. The property is zoned GC -MD (General Commercial -Multifamily Dwelling) and therefore requires a 5 foot side yard setback. The applicant added a covered patio in the rear as a smoking area. This was built without a permit or inspections. A stop work order was issued. Upon speaking to the property owner and the applicant, it was suggested that the patio be moved to accommodate the side setback BOARD OF ADJUSTMENT June 18, 2020 requirement. The applicant, however, did not wish to have the patio moved. Therefore, a variance is required. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property and site plan were shown. )fourteen (14) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in favor and no responses were received in opposition. Discussion between the Board and staff followed regarding the property line locations on this property and other properties in the area. The applicant, Scott Reeves, of Struggle Street Brewery, addressed the board. Mr. Reeves stated that he worked with the property owner to set up the patio and that the contractor did the work on the weekend before getting the permit during business hours. He stated that the stop work order was in response to a complaint about pouring concrete but that the concrete had already been there as the property was previously a car wash. He added that the patio is 35 inches from the building and that the alley is not accessible and no one will be walking there. Discussion followed between the applicant and the Board concerning drainage on the property and arrangements the applicant has made with his neighbor. Further discussion followed concerning the location of the property lines and the setback of the patio. The Board and staff discussed how to best word the motion for the variance. Board Member Rowe moved that a variance be granted that waives the minimum side setback of 5 feet on the western boundary of the property from a point beginning at the back wall of the building and extending north for a distance of 36 feet, as requested for File 753-BA. Board Member Hilliard seconded the motion, A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver - Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board Member Smith -Aye. The motion to approve carried 5:0. 2) Bile 754-BA: Consider a request to allow a Variance to the maximum sign size requirement of 20 square feet within the Urban Corridor Overlay District. Applicant: Brazo Sign Co for Beauparte Apartments 2 BOARD OF ADJUSTMENT June 18, 2020 Location: 3580 S M L K Jr. Parkway Mrs. Purcell presented the staff report. Janet Glasscock of Brazo Sign Co., for Beauparte Apartments, has applied for a variance to the maximum sign size requirement of 20 square feet and the maximum height requirement of 5 feet within the Urban Corridor Overlay District. This is for the property located at 3580 S Martin Luther King, Jr. Parkway. The Urban Corridor Overlay District states that "(A) One (1) detached identification sigh may be constructed to identify a single fancily residential development of ten (10) acres or more. Stich signs rill be subject to the folloWng conditions and restrictions: (iii) The sign shall not exceed twenty (20) square feet in area; and (iv) The sign shall not exceed a height of five (5) feet above the ground" The applicant states that these requirements will impede the visibility for attracting new residents at this property. The size submitted will be 49.02 square feet and 5 feet in height, which is smaller than the existing sign (75 square feet) located there now. - The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Mrs. Purcell added that since the staff report was written, the variance to the 5 foot height requirement is no longer requested by the applicant. Slides of the subject property, site plan, surrounding area and current sign were shown. Thirty-six (36) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and no responses were received in opposition. Brief discussion was held concerning the position of the proposed sign. The applicant, Tom Tran, addressed the Board. Mr. Tran provided pictures of the proposed sign and copies of online reviews of the apartment complex before and after an ownership change. He stated that the apartment complex is on a high speed, busy road so a bigger sign is needed for visibility. He added that a new modern sign will improve the apartment complex's appearance. He stated that this apartment complex is near Lamar University, which is the face of Beaumont. He added that since the apartment complex has changed ownership, its reviews have improved and that he would like to attract more people to live there and continue to improve the living conditions to grow Beaumont and add tax revenue. BOARD OF ADJUSTMENT June 18, 2020 Discussion followed regarding the changes in the request for the size of the sign, the material of the proposed sign and the landscaping. Board Member Smith complimented the applicant on the improved appearance of the apartment complex. The Board discussed how to word the motion to clear up ambiguity and consider effects on the future of the property. Board Member Smith moved to grant a variance that maintains the 5 foot height requirement and allows a sign on this property in this position to expand to a maximum of 50 square feet of surface area on each side, as requested for File 754-BA. Board Member Rowe seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board Member Smith -Aye. The motion to approve carried 5:0. 3) File 755-BA: Consider a request to allow a Variance to the minimum front setback from 25 feet to 17.9 feet. Applicant: Quenten Pete Location: 2075 South Street Mrs. Purcell presented the staff report. Quenten Pete has applied for a variance to the minimum front yard setback for the property located at 2075 South Street. The property is zoned RM-H (Residential Multi -Family -Highest Density) and therefore requires a 25 foot front yard setback. The applicant is requesting to demolish the existing front porch and rebuild it. The new porch will be 17.9' from the front property line and requires a variance to allow it. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions, and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property and site plan were shown. Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or opposition. The applicant, Quenten Pete, 2075 South Street, addressed the board. Mr. Pete explained that his current porch is very small and he would like to expand it to be able to sit and watch his kids in the 4 BOARD OF ADJUSTMENT June M 2020 yard. He stated that he already has the materials purchased and would like to get started. He added that he was unaware of the permitting requirements and asked for mercy from the Board to allow him to complete the porch. Discussion was held between the applicant and the Board concerning the size of the current porch and the plans for the proposed porch. Board Member Smith commented that he had driven by the property and agreed that a larger porch was needed. Discussion followed between the Board and staff concerning City requirements for porches and the need for the Historic Landmark Commission's approval if the request is approved by this Board. Board Member Hilliard moved to approve the request allowing a variance to the minimum front setback from 25 feet to 17.9 feet, with the understanding that approval will be needed from the Historic Landmark Commission, as requested for File 755-BA. Board Member Smith seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board Member Smith -Aye. The motion to approve carried 5:0. 4) File 756-BA: To consider a request for a Special Exception to reduce off-street parking requirements. Applicant: Kirk Farrelly for Dollar General Stores Location: 5595 Fannett Road Mrs. Purcell presented the staff report. Kirk Farrelly, on behalf of Dollar General, has applied for a special exception to reduce off-street parking requirements for the property located at 5595 Fannett Road. Special exception (c.) allows a waiver to off-street parking when the Board finds the same is unnecessary for the proposed use of the building for which the request applies. Submitted for the Board of Adjustment's approval is the request and supporting information related to the Dollar General new location. By strict compliance with the City of Beaumont Zoning Regulations, the use would require 46 parking spaces. The proposed site has 9,100 square feet. This request would be to allow this store location have the reduced number of parking spaces than required. The development site has limited space and with over 16,000 locations, it has been determined that 30 spaces is more than adequate for the customer flow rate that is generated. Slides of the subject property, site plan and surrounding area were shown. Twenty-one (21) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor and one response was received in opposition. Chairman Timaeus inquired as to whether the 30 parking spots requested was a number determined by the City or specifically requested from the applicant. Mrs. Purcell stated that it was the number of 5 BOARD OF ADJUSTMENT June 18, 2020 parking spaces that the applicant requested. Board Member Beaver asked about the letter received in opposition. Mrs. Purcell read the letter and added that it appeared the property owner was opposed to the new Dollar General rather than the parking space exception. Discussion followed between the Board and staff concerning this being a special exception rather than a variance. It was noted that the applicant filled out a variance application instead of a special exception application. Further discussion was held about the requirements for a special exception versus a variance. Mrs. Josey read the ordinance concerning special exceptions. The applicant, Jason Garcille, Managing Partner with Capital Growth Buchalter, addressed the Board. He apologized for the incorrect farm being filled out and stated their company has done thousands of this type of application. He stated that they would like to have 30 parking spaces in order to reduce impervious pavement, to add green space and improve storm drainage. He added that Dollar General has done numerous studies on parking and that 28 to 30 spaces is the standard preference. There was some discussion of the size of the spaces. Mr. Garcille stated that in Texas, they use bigger spaces due to the popularity of pickup trucks and that the handicapped spaces will be to ADA standards. Board Member Smith moved to approve the request allowing a special exception to reduce off-street parking requirements, as requested for File 756-BA. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timacus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board Member Smith -Aye. The motion to approve carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:57 p.m. 6 DATE: August 6, 2020 TO: Board of Adjustment FROM: Katrina Purcell, Planner I SUBJECT: Consider a request to allow a Variance to the minimum rear yard setback firoan 25 feet to q feet and the minimum exterior side yard setback from 10 feet to 5 feet. TILE: 757-BA STAFF REPORT Albert LeBlanc is requesting a Variance to the rear setback and the exterior side setback for the property located at 2250 Angelina Street. The property is zoned RM-H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear setback and a 10 foot exterior side setback. Minimum lot size for RM-H districts is 50 feet by 100 feet. The subject property lot size is approximately 50 foot by 80 foot, as it is irregularly shaped as will be shown in the slide show. The applicant states that in order to build the house he needs for his family, a Variance to the minimum yard setbacks is required because of the lot size. This property is also located in The Oaks Historic District. The applicant previously applied for permission to build a house here and was approved. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A} That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being LOT 7-A COLLINS NO 1, Beaumont, Jefferson County, Texas, containing 0.09786501 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Albert LeBlanc PROPERTY OWNER: Albert LeBlanc LOCATION: 2250 Angelina Street EXISTING ZONING: RM-H (Residential Multiple -Family Dwelling -Highest PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Density) —0. 09786501 Residential X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RM-H (Residential Multiple -Family Dwelling - Highest Density) RM-H (Residential Multiple -Family Dwelling - Highest Density) RM-H (Residential Multiple -Family Dwelling - Highest Density) R-S (Residential -Single Family Dwelling) Special District Angelina Street - Local street with a 50' right -of --way and 30' pavement width. Gulley Street — Local street with a 40' right-of-way and 25' Pavement width. Curb and Gutter 8" water line 10" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' ARELLANO ALBERTO & ANGELICA M CITY PARK JONES ROGER S ET UX JUDGE TAMIKO KHAN TAHA LEBLANC ALBERT & RAN ESHA LEONCIO REYNAGA & MARCHANT FATEHALI MAZOCH ALBERT L ESTATE MURPHY PAMELA ETAL PLUMMER FAYE RODRIGUEZTEODULO CASTILLO TORRENCE FREDERICK V & LARHONDA TRUONG VAN TRANG YOUNG RODNEY LEE ET UX BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) O Appeal gyfariance 4 �d T () Special Exception Pb U A 51 o(6,-pc gM1.2 Complete the qppronjate supplemental application form depending on which box is checked and include it with your application. /� / j APPLICANT'S NAME AND ADDRESS: l7 l r, (J ' APPLICANT'S PHONE NUMBER: d � I - q [ I - &1 © 12 1 FAX #: NAME OF OWNER:dJ C ADDRESS OF OWNER: z) 3,9 /, X C %/ LOCATION OF PROPERTY: do7 Q 7 rl ii� Yt LEGAL DESCRIPTION OF PROPERTY: LOT NO. - J-/' OR TRACT NO — BLOCK NO. f PLAT ADDITION t` /r S @ ! SURVEY NUMBER OF ACRES^ ( NUMBER OF ACRES For properties not in a recorded subdivision, submit three copies of a current surveyor lat showing the properties proposed to be changed, and a complete legal field note description. SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FO HE REQUEST. SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDING , PARKING AND ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS/MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRA TO SCALE. A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND Tl FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTF ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT r APPLICANT'S SIGNA ALL PERMITS NECESSARY 'ION COMPLETED WITHIN ,LL BE CONSIDERED VOID. DATE: PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: � DATE RECEIVED -T -i02b CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701. Phone - (409) 880-3764 Fax - (409) 880-3133 VARIANCE APPLICATION FORM BEAUMONT, TEXAS The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the condition necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. .� � . CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship insist not result from the applicant or owner's own actions. - - �I� mil` wr.�° ,,t, 4, -1411V-X . CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. V 7�6 y I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. APPLICANTS SIGNATURE: Phone Number:�Q � //!Xll�l- I ,-17r7 / Fax Number;, cu OD M F 28`-6' CD cu ANGELINA ST SITE PLAN SCALE: 1" = 10 I I 1 I I I I I ile 757-BA: Consider a request to allow a Variance to the minimum rear yar Aback from 25 feet to 4 feet and the minimum exterior side yard setback from 1 :et to 5 feet. .pplicant' Albert LeBlanc 2250 Angelina Street 0 50 1aa i I I Feet Y RIsLliulM(��Ji� T E ACAS February 14, 2019 Albert LeBlanc 2250 Angelina Beaumont, Texas 77701 RE: CA-301.3 Mr. LeBlanc: Please be informed that at the regular meeting of February 11, 2019, the Historic Landmark Commission voted to approve file CA-3013 with the following conditions: 1. Double hung windows must be 6/1. 2. 2x2 windows must be square. 1 The vent over the garage must be square. 4. Add shutters to all windows on front and west side of the house. 5. The garage door must be a craftsman style door. 6. Use hardi board or a combination of hard! board and brick exterior for the home. 7. The front elevation pillar must have additional architectural functions l.e. corbels and brick base. '8. The front door must be craftsman style. 9. The elevation of the slab must be raised to match a pier and beam structure. All details must be submitted with plans to receive permits. If you need any additional information, please do not hesitate to contact me at (409) 880-3764. Sincerely, ZWV'L� j Adina Josey Senior Planner r /fm PLANNING & COMMUN TY DEVELOPMENT T 409,880.3100 E 409.880.3133 PO Box 38271 Beaumont, TX 77704 beau monttexas.gov TEXAS Enclosure Cc: Boyd Meier, Building Official Marvin Benoit, Plans Examiner Katrina Purcell, Planner Demi Laney, Planner I Elayna Luckey, Code Enforcement Officer PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 3827 1 Beaumont, TX 77704 beau monttexas.gov APPLICATION FOR A CERTIFICATE OF APPROPMATENESS BEAUMONT, TEXAS (Chapter 28, City Codes) (409) 880-3764 Fax: (409) 880-3133 FILE #: 3D 13 DATE RECEIVED: I (PLEASE TYPE OR PRINT) / PROPERTY ADDRES S S o % OWNER'S NAME ADDRESS OF OWNER !,T APPLICANT'S NAME (IF NOT OWNER) APPLICANT'S PHONE NUMBER c9glj021FAX NUMBER LEGAL DESCRIPTION: LOT NO. OR TRACT BLOCK NO. PLAT ADDITION SURVEY REASON FOR REQUEST OF A CERTIFICATE OF APPROPRIATENESS: .Ht>-U� HAS REQUEST BEEN MADE BEFORE (YIN) . IF YES, DATE: TYPE OF REQUEST: PAINT NEW CONSTRUCTION DEMOLITION FENCING MISCELLANEOUS SIGNATURE OF APPLICANT/OWNER:. DATE: / 5 o ® o — s s------.a-------e------------ — ---- r-m o m—e— s c� ------- APPROVED: YES ✓ NO PLANNING MANAGER HISTORIC LANDMARK COMMISSION COMMENTS: L__- DATE l ATE x X500 TXJEF577-ECW-COMBINED-31NCH.ecw RGB ® Red: Red . Green: Green ® Rhia• Rhia This map has been produced from various sources." Every effort has been made to ensure the accuracy of this map, however, the City of