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HomeMy WebLinkAbout6-18-20 BA Minutes * M I N U T E S * 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) File 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 sign may be constructed to identify a single-family residential development of ten (10) acres or more. Such signs will be subject to the following 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. 3 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 18, 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 form 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 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. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:57 p.m. 6