HomeMy WebLinkAbout6-7-90 BA MinutesBOARD OF ADJUSTMENT
June 7, 1990
City Council Chambers
A meeting of the Board of Adjustment was held on June 7, 1990 with the following
members present:
Chairman Milton Bell
Board Member Jayne Eisen
Board Member Ron Lanier
Board Member Charles Thompson
Board Members absent: Gerald Farha, Bettye Smith and Whit Outlaw.
Also present: Kirt Anderson, Planning Director; Murray Duren, Sr.
Planner; Tyrone Cooper, First Assistant City Attorney; Ilona
Baker, Planning Drafting Technician and Fred Lemeli,
Building Codes Development Coordinator.
APPROVAL OF MINUTES
Board Member Eisen made the motion to approve the minutes of the May
3, 1990 Public Hearing. Board Member Lanier seconded the motion. The
motion to approve carried 4:0.
PUBLIC HEARING
PIanning Division File_ #344-BA: A request for a Special Exception under
Section 30.37E.2(a) of the Zoning Ordinance to enlarge a nonconforming
day care facility at 1915 W. Lucas Drive on property zoned RS (Residential
Single -Family DwelIing). Property is described as Lot 4 and the north one-
half of Lot 3, BIock 25, Calder Highlands Addition. Applicant: Nancy
Marchetti, owner of "Punkin Patch" Day School.
Staff recommended approval of the Special Exception as illustrated in the
site plan, Option I, to enclose an existing covered front porch area which
extends from the existing building. The concrete slab is 16 x 20 feet;
BOARD OF ADJUSTMENT
June 7, 1990
Public Hearing
however, the proposed room will be 16 x 17 feet to conform to current set-
back requirements. Approval of the Special Exception as illustrated in
Option I of the site plan was recommended for the following reasons:
1) Option I complies with Section 30.37E.2(a) of the Zoning
Ordinance.
a) Option I illustrated an enlargement or extension of the
building occupying the nonconforming use on the tract
occupied by such building.
b) Option I will not prevent the return of the property
to a conforming use.
2) The Special Exception, inclusive of Option I, will not
adversely affect the value and use of adjacent or neighboring
property.
3) The Special Exception, inclusive of Option I, will not be
contrary to the best public interest.
Staff also recommended that an 8 foot board privacy fence be erected and
replace the existing chain link fence along the north property line extending
from the rear (west) property line to an imaginary perpendicular line
extending from the outer east wall of the proposed expansion or enlargement
as illustrated on the proposed site plan. The privacy fence will serve as a
buffer to control noise and vibration and to insure harmony and compatibility
with the adjacent property.
Sneaking in Favor of this Request
Nancy Marchetti, Owner of "Punkin Patch" Day School
Rt. 9, Box 347 Sour Lake, Texas
Speaking in Opposition of this Request
Troy Standley
1855 W. Lucas Drive Beaumont, Texas
OA
Mrs. Herbert Thames
1875 W. Lucas Drive
BOARD OF ADJUSTMENT
June 7, 1"0
Public Hearing
Beaumont, Texas
Staff Analysis was presented by Murray Duren, Sr. Planner. Fourteen public
notices were issued to surrounding property owners. Three responses in
opposition to the request and one response in favor of granting the Special
Exception were received. Staff also received one undecided response.
Speaking in Reference to the Staff Analysis
Nancy Marchetti
1915 W. Lucas Drive
Mrs. Herbert Thames
1875 W. Lucas Drive
Troy Standley
1855 W. Lucas Drive
Beaumont, Texas
Beaumont, Texas
Beaumont, Texas
Board Member Thompson made the motion to approve the granting of the
Special Exception as illustrated in Option r of the site plan subject to the
applicant complying with the fence requirement as recommended by the staff.
The motion was seconded by Board Member Lanier.
Motion to grant the Special Exception carried 4:0.
Kirt Anderson announced that City Council had adopted an Ordinance pertaining
to the attendance of City Board and Commission members. The Planning Division
staff will submit a proposed amendment to the Board of Adjustment Bylaws for
Board approval at the next meeting. Basically the Ordinance requires that a Board
Member or Commissioner be removed if three consecutive regularly scheduled
meetings are missed or if more than 60% of the regularly scheduled meetings are
unattended. Excused absences are not detrimental to the attendance record.
There being no further business, the meeting was adjourned.
3