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HomeMy WebLinkAbout6-4-98 BA MinutesBOARD OF ADJUSTMENT June 4, 1998 City Council Chambers A. meeting of the Board of Adjustment. was held on June 4, 1998 with the following members present: Board Member Bob Harris Board Member Mary Jowers Board Member Lamar Roach Board Member Alvin Cook Board Members absent: Board Member Dohn LaBiche Board Member Glenn Bodwin Board Member Joe Ashy Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney and Jill Cole, Recording Secretary. APPROVAL OF MU*a=S Board Member Jowers made a motion to approve the minutes of the May 7, 1998 Board of Adjustment Public Hearing. Board Member Roach seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 409-BA: A request for a variance to the setback regulations for parking lots located in an historic district (Oaks), Section 30-21.2 City Codes, and as specifically regulated by Ordinance No. 96-70, passed by the City Council of Beaumont on December 3, 1996. The property is zoned RCR (Residential Conservation and Revitalization) District. Location: 2315 McFaddin Avenue Applicant: Tim Baker Auto Repair, Inc. IVA I i 0 # 0 1 mr-1-4—E M lv� iou - Mr. Richardson told the Board that the request was for a variance from the front setback requirement for parking lots that are constructed in the Oaks Historic District. This request is from the required 48 feet to 25 feet. In December, 1996, Baker Auto Repair requested and received approval from City Council to build a parking lot at 2315 McFaddin. That vacant property is within the Oaks Historic District. The auto repair shop is located at 2310 Calder and is not within the District. The Historic District regulations require that a parking lot beset back from the street not less than the required setback which would be 25' in this instance, or as far back as the front of the immediately adjacent buildings, whichever is greater. In this case, there is a dentist office immediately to the west of the subject property and it is set back 48 feet, so that 48 foot requirement would come into effect on this property. The City Council approved the parking lot subject to some time limitations on when the gate can be opened to allow access to McFaddin, landscaping, and to a required 48 foot setback unless the Board of Adjustment granted a variance allowing the 25 foot as shown on the original site plan. The use has been allowed by City Council and all of the conditions of the specific use permit will be enforced through the building permit process and through the certificate of appropriateness. The applicant shall have the burden of proof to demonstrate that. all three conditions required for a variance have been met. Fifteen notices were mailed to property owners within 200 feet of the subject property. Three responses in favor and one in opposition were returned to staff. Board Member Harris, acting as Chairman, opened the public hearing and asked for the applicant's comments. Silvia Baker of Baker Auto Repair, Inc., the applicant, addressed the Board. Mrs. Baker said that they share their parking lot with Kay's Bridal Shop. The need for the parking lot was for the employees. The whole objective of having the parking lot in back is so that the employees' cars could be out of the way and allow customers access to the building. Mr. and Mrs. Baker also own American Lift Aids which is housed in the Baker Auto Repair facility. American Lift Aids has four employees and Baker Auto Repair has 15 employees. If the variance is denied, three parking spaces will be lost. Mrs. Baker said that they have been N BOARD OF ADJUSTMENT June 4.1998 working with Al Cook Nursery on the landscaping to make it visually compatible with the rest of the neighborhood. In response to Board Member Harris, Mrs. Baker said that they would have 13 parking spaces with the 25' setback or 10 spaces with the 48' setback. In response to Board Member Harris, Mr. Richardson said that on -street parking is permitted on McFaddin. In response to Board Member Roach, Mrs. Baker said that employees currently park in front of the building. Board Member Harris asked for comments in favor. Tim Baker, owner and operator of Baker Auto Repair, addressed the Board in favor of the request. He said that before he purchased the property on McFaddin it was unkept and feels that he has improved the appearance immensely. The Bakers answered questions from the Board regarding the purchase of the property. In response to Board Member Harris, Mrs. Baker said that the proposed plan allows for a six foot wide landscaped edge on the north side of the lot. Board Member Harris asked for comments in opposition. David Bradley, 615 N. Fifth Street, spoke on behalf of Jack Carville who was out of town. Mr. Bradley and the Old Town Neighborhood Association submitted a letter of opposition to the Board. Mr. Bradley made several points to the Board: 1) Baker Auto Repair purchased the property with full knowledge of the Oaks Historic District restrictions and regulations; 2) The specific use permit issued in December, 1996 is being violated on two separate issues; and 3) possible violation of the landscape ordinance. Ralph Jordan, 2300 McFaddin, spoke in opposition to the request. Mr. Jordan lives across the street from the subject property. He asked the Board to uphold the regulations of the Oaks Historic District, Swearing in of witness. Virginia Jordan, 2300 McFaddin, also spoke in opposition to the request. Mrs. C BOARD OF ADJUSTMENT June 4, 1998 Jordan asked the Board to protect the current ordinance and deny the request. Rebuttal by Mrs. Baker. She reminded the Board that they plan to landscape the proposed parking lot so it will be in keeping with the rest of the neighborhood. David Bradley asked staff if the Baker's had increased their parking area by 25% in the front of the building which would mean that they need additional landscaping to be in compliance with the landscape ordinance. - Mr. Richardson said he doesn't have exact figures and would look into the calculations and check if in fact the parking area had increased by 25%. Board Member Harris closed the public hearing. Discussion between Board members followed. Board Member Roach made a motion to deny the variance request to the setback regulations for the parking lot at 2315 McFaddin Avenue from 48' to 25' as requested in File 409-BA. No second to the motion was made. Motion died for lack of a second. Board Member Cook made a motion to approve the variance request to the setback regulations for the parking lot at 2315 McFaddin Avenue from 48' to 25' as requested in File 409-BA. Board Member Jowers seconded the motion. Motion to approve failed 3:1 (Board Member Roach). r 101y"'ID11, 111MIZI I: 111, 111 X 4