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HomeMy WebLinkAbout8-24-89 BA MinutesBOARD OF ADJUSTMENT August 24, 1989 City Council Chambers A meeting of the Board of Adjustment was held on August 24, 1989 with the following members present: Chairman Milton Bell Board Member Gerald Farha Board Member Ron Lanier Board Member Bettye Smith Board Member Charles Thompson Board Members absent: Whit Outlaw and Preston Shaw. Also present: Murray Duren, Sr. Planner; Edmund Petry, Planner; Tyrone Cooper, First Assistant City Attorney; Ilona Baker, Drafting Technician and Sandra Trujillo, Building Code Division. APPROVAL OF MINUTES Board Member Smith made the motion to approve the minutes of the June 8, 1989 Public Hearing. Board Member Lanier seconded the motion. Motion to approve carried 4:0. PUBLIC HEARING 1. File 338-BA: Request for a variance to decrease the 25-foot front yard and the 10-foot exterior side yard building setback requirements of Section 30- 25 B.1 for property in the RCR (Residential Conservation and Revitalization) district; Don Lightfoot construction for the Cristo Rey Catholic Church; being parts of Lots 1-6, Block 70 Van Wormer Addition. Staff recommended denial of the request for a variance for the following reasons: Granting of the variance would be contrary to the public interest; No undue hardship had been demonstrated that relates to the physical condition of the building site nor any reasons presented to show why minimum yard requirements cannot be complied with; and The spirit of the Zoning Ordinance would be observed by denying the variance. Speaking in Favor of this Reauest Tina Torres 1455 Forysthe Virginia Mendoza 5655 South Kenneth Street Benny Mendoza 5655 South Kenneth Street The Reverend T.R. Blanco 1600 North Main Lupe Flores 1104 Orleans, Law Office Don Lightfoot, Project Contractor 365 West Railroad Speaking in OPPosition of this Re nest None Beaumont, Texas Beaumont, Texas Beaumont, Texas Vidor, Texas Beaumont, Texas Vidor, Texas Staff Analysis was presented by Murray Duren, Sr. Planner. Sneaking in Reference to Staff Analysis: Lupe Flores 1104 Orleans, Law Office Beaumont, Texas The Reverend T.R. Blanco 1600 North Main 2 Vidor, Texas Isabel Gonzales 3475 Corley Beaumont, Texas Twenty-five notifications of the public hearing were sent to people owning property within 200 feet of the subject property. Board Member Smith made the motion to grant the variance based on the following reasons: Condition A would be met due to the growing church population and the need for additional space for the educational growth and cultural influence of the children. Condition B would be met since the proposed structure passes the fire ordinance requirements. Condition C would be met because of the historical significance of the project. The motion was seconded by Board Member Lanier. Motion to grant the variance carried 4:0. 2) File 339-BA: Request for a special exception to allow the renovation and enlargement of a non -conforming store and washateria located in an RS (Residential Single -Family Dwelling) district at 4015 Park Street; Hossein Ghanbari owner and applicant; Lots 8-10, Block 21, W.W. Chaison Addition. Staff recommended that the requested special exception be approved for the renovation and enlargement of the convenience store and washateria on Lots 9 and 10. Staff recommended denial of the applicant's request to expand his commercial business onto Lot 8 which would denote commercial expansion of RS designated property. Staff also recommended that the parking as proposed on Lots 9 and 10 be approved as being adequate for the use. The applicant met the following conditions of approval for special exceptions: Condition A; whereas it provides for the reconstruction, extension, or enlargement of a building occupied by a nonconforming use on Lots 9 and 10 as long as the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. 141 Condition C; gives the Board the authority to waive or reduce off- street parking when the Board finds the same unnecessary for the proposed use of the building for which the special exception request applies. Staff recommended the additional conditions that, if in the future the north extension of the building is removed, then that vacant area only be used as open space or for additional parking. Also the use of that portion of the building shall be limited to storage related to the attached washateria and convenience store. Speaking in Favor of this Request Hossein Ghanbari 4085 Park Street Beaumont, Texas Speaking in 01212osition of this Re uest None Staff Analysis was presented by Murray Duren, Sr. Planner. Speaking in Reference to Staff Anal None Twenty-two notifications of the public hearing were sent to people owning property within 200 feet of the subject property. Three favorable responses and one response in opposition were received. Board Member Thompson made the motion to approve the special exception to allow for the renovation and enlargement of the convenience store and washateria on Lots 9 and 10 only and to approve the special exception for the parking as proposed on Lots 9 and 10 be approved as being adequate for the use. The motion also included the additional conditions that, if in the future the north extension of the building is removed, then that vacant area only be used as open space or for additional parking. Also the use of that portion of the building shall be limited to storage related to the attached washateria and convenience store. The motion was seconded by Board Member Smith. Motion to approve the special exceptions and conditions carried 4:0. There being no further business, the meeting was adjourned. 4