HomeMy WebLinkAbout4-5-90 BA MinutesBOARD OF ADJUSTMENT
April 5, 1990
City Council Chambers
A meeting of the Board of Adjustment was held on April 5, 1990 with the following
members present:
Chairman Milton Bell
Board Member Jayne Eisen
Board Member Gerald Farha
Board Member Ron Lanier
Board Member Bettye Smith
Board Members absent: Whit Outlaw and Charles Thompson.
Also present: Kirt Anderson, Planning Director; Murray Duren, Sr.
Planner; Ilona Baker, Drafting Technician; and Tyrone
Cooper, First Assistant City Attorney.
APPROVAL OF MINUTES
Board Member Eisen made the motion to approve the minutes of the
February 1, 1990 Public Hearing and Workshop. Board Member Lanier
seconded the motion. The motion to approve carried unanimously.
PUBLIC NEARING
1) Planning Division File #341-BA: A request to vary the front yard building
setback of a proposed single family residence as required by Section 30-
25B.(1) of the Zoning Ordinance, under the provisions of Section 30-37E.3.
Property is located at 955 Jasmine. The applicant is Charles D. Foxworth.
Staff recommended denial of the variance because the application did not
meet the three conditions necessary and required by law for granting a
variance. The applicant's reasons for a variance did not constitute an
unnecessary hardship.
BOARD OF ADJUSTMENT
April 5, 1990
Public Hearings
Streaking in Favor of this Request
Charles D. Foxworth
950 Hibiscus Circle Beaumont, Texas
Speaking in Opposition of this Re nest
None.
Staff Analysis was presented by Murray Duren, Sr. Planner. Twenty-one
notices were issued to surrounding property owners. No objections were
received.
Speaking in Reference to the Case
Kenneth E. Ruddy
3737 Eastex Beaumont, Texas
Board Member Lanier made the motion to approve the granting of the
variance to reduce the front yard building setback requirement for a single
family zoned residential lot from 25 feet to 1.0 foot for property located at
955 Jasmine. The motion was seconded by Board Member Eisen.
Motion to grant the variance carried 4:1. (Chairman Bell, Board Member
Lanier, Board Member Eisen and Board Member Farha voted in favor of
the motion. Board Member Smith voted in opposition to the motion.)
Due to possible conflict of interest, Chairman Bell abstained from discussing and
voting on Case File #342-BA. The meeting was turned over to Board Member
Lanier. Board Member Lanier noted that on occassion he had represented an
entity known as 'Beaumont Motor Company" which has a collation or connection
with the R Corporation of which the President is Kenneth E. Ruddy. Tyrone
Cooper noted for the record that the potential conflict of interest in this matter for
Board Member Lanier had been discussed and that the decision had been made that
the relationship that Board Member Lanier has with the applicant is not one that
is considered substantial under the conflicts of interest statue. Therefore, Board
Member Lanier's interest and participation in Case File #342-BA is not in violation
of the conflict of interest statue, and Board Member Lanier could participate in
Planning Case File #342-BA.
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BOARD OF ADJUSTMENT
April 5, 1990
Public Hearings
2) Planning Division File #342-BA: A request from the R Corporation,
Kenneth E. Ruddy, President, to consider a variance to the provisions of the
landscaping and screening regulations of Section 30-31B. of the Zoning
Ordinance. Property is located at 3737 Eastex.
Staff recommended approval of the variance request to allow a metal 8 foot
high fence with wooden frame and jasmine plantings in lieu of an 8 foot
wood fence because the applicant has met the three conditions necessary for
the variance.
Speaking in Favor of this Request
Kenneth E. Ruddy
3737 Eastex Beaumont, Texas
Sneaking in Opposition of this Request
None.
Staff Analysis was presented by Murray Duren, Sr. Planner. Five notices
were issued to surrounding property owners. One response in support of the
variance was received.
Speaking in Reference to Staff Analysis
None.
Board Member Smith made the motion to approve the variance request to
allow a metal 8 foot high fence with wooden frame and jasmine plantings in
lieu of an 8 foot wood fence. The motion was seconded by Board Member
Farha.
Motion to approve the variance carried 4:0.
The meeting was turned over to Chairman Bell.
There being no further business, the meeting was adjourned.
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