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HomeMy WebLinkAbout6-4-87 BA MinutesMINUTES PUBLIC HEARING BOARD OF ADJUSTMENT June 4, 1987 CITY COUNCIL CHAMBERS CITY HALL, BEAUMONT, TEXAS 2:00 P.M. A meeting of the Board of Adjustment was held on June 4, 1987 with the following members present: Chairman Milton Bell Commissioner Whit Outlaw Commissioner Ron Lanier Commissioner Charles Thompson Commissioner Gerald Farha Commissioner Bettye Smith Cos-iiiiissioner absent: Preston Shaw. Also present: Kist Anderson, Senior Planner/Landscape Architect, Norman Whitaker, Planning Director; Tyrone Cooper Assistant City Attorney; Walterine Brown, Recording Secretary. APPROVAL OF MINUTES Commissioner Smith requested that the minutes should state that Mr. Alvin G. Randolph spoke at the May 7, 1987 meeting. Commissioner Smith made a motion to approve the minutes of May 7, 1987 and May 15, 1987. Seconded by Commissioner Thompson. Vote carried 5-0. FILE 320-BA. An appeal concerning Section 30-30B (2) of the Zoning Ordinance to determine if a specific use permit is required to open a drinking place at 2405 Hegele, on property described as Tract 45, Plat B-10, J. W. Bullock Survey. Norman Whitaker made a presentation on the duties and background of handling an Appeal. There were documents presented by Norman Whitaker referencing a Specific Use Permit (File 1019-P) that was reviewed by the Planning Commission and City Council in 1986. The specific use permit for a bar at this location was denied by City Council. The staff is recommending denial based on the applicant not demonstrating a reasonable difference of interpretation as to the specific intent of the Zoning Ordinance; the granting of the appeal would result in a special privilege to one property owner which is inconsistent with other property or uses in similarity in the area; the approval of the appeal would not be in the best interest of the community and would not be consistent with the intent and interest in spirit of the City's zoning laws. The applicant is Eddy Autry. The tavern was closed in December, 1984. SPEAKING IN FAVOR OF THIS REQUEST Elmo Willard, Attorney for Eddy Autry Mr. Willard submitted affidavits to the staff. Mr. Tyrone Cooper Assistant City Attorney explained the memo that was submitted which outlines the meanings of vacant and abandon. SPEAKING IN OPPOSITION OF THIS REQUEST Louis Aplon 2390 Hegele St. Etha B. Adams 2310 011ie Street Mrs. Lorenza Felix 2375 Potts Street Alvin G. Randolph 3175 Blossom Dr. REBUTTAL Mr. Elmo Willard, Attorney for Eddy Autry Commissioner Farha abstained in the voting. Motion was made by Commissioner Smith to affirm the decision of the Planning. Director on File 320-BA. Seconded by Commissioner Thompson. Vote carried 5-0. FILE 323-BA. Request for a special exception to permit the enlargement of a building occupied by a non -conforming use on lots occupied by said building at 4207 Concord Road. The staff recommended approval based on the special exception will not adversely affect the value and use of the adjacent properties; the applicant will be required to construct a b' fence along the North and South sides of the property; the special exception will not be contrary to the best public interest and the enlargement will not prevent the return of the property to a conforming use. The applicant is Aaron Hunter. SPEAKING IN FAVOR OF THIS REQUEST Aaron Hunter SPEAKING IN OPPOSITION OF THIS REQUEST Mrs J. B. Stephens 4385 Redwood Mrs. Bernice Tannahill 4325 Woodlawn REBUTTAL Aaron Hunter Motion was made by Commissioner Thompson to grant the special exception. Seconded by Commissioner Outlaw. Vote carried 4-1. ADJOURN