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HomeMy WebLinkAboutDec 2021 BOA Packet*AGENDA* BOARD OF ADJUSTMENT December 2, 2021 City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:00 p.m. The meeting will also be broadcasted on the City's YouTube channel: https://www.youtube.com/channel/UCnY6nNk8zfXZulMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the meeting held November 22, 2021. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File PZ2021-403: To consider a request for a Variance to the required lot width, lot depth and lot area minimum in a GC -MD (General Commercial - Multiple Family Dwelling) District. Applicant: Richard Faust for Lisa Revia Location: 1610 Washington Blvd and 2996 Avenue C 2) File PZ2021-404: To consider a request for an appeal of a determination made by an administrative official that a business allowing on -premise consumption of alcohol with a proposed seven (7) "bar stools' and four (4) table seats, not operating as an eating place, is determined to be a drinking place. Applicant: Baptiste Brunner Location: 8180 Eastex Fwy, Suite B 3) File PZ2021-405: To consider a request for a Variance to the required minimum pavement setback to be reduced from 2' to 10.5" in an RM-H (Residential Multiple Family — Highest Density) District. Applicant: April Simoneaux for George Fontenot Location: 2708 Sabine Pass Avenue OTHER BUSINESS I_1-03I91".1 k Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES* BOARD OF ADJUSTMENT November 22, 2021 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on November 22, 2021 and called to order at 3:01 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Alternate Board Member Christy Amuny Board Members absent: Board Member Tom Rowe Board Member Rogers Sorrell Jr. Also present: Demi Engman, Senior Planner Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Beaver moved to approve the minutes for November 4, 2021. Board Member Hilliard seconded the motion. The motion to approve the minutes carried 4:0. Chairman Timaeus informed the applicant that with only four (4) members present, an approval would require a unanimous vote. He explained the applicant's options of continuing the meeting with the members present or postponing to a future meeting. The applicant chose to continue with the meeting. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:03 p.m. PUBLIC HEARING 1) File PZ2021-357: To consider a request for a Variance to the minimum side yard setback from 5' to 4.2' in an RS (Residential — Single -Family Dwelling) District. Applicant: JBA Homes Construction Location: 1715 E Blue Stem Mrs. Engman presented the staff report. JBA Homes Construction is requesting a Variance for the property located at 1715 E Blue Stem. The property is zoned Residential Single -Family (R-S) and therefore requires a 5' building setback from the side property line for a main structure. The applicant is requesting a Variance to the side yard setback to be reduced from 5' to 4.2'. BOARD OF ADJUSTMENT November 22, 2021 The original submitted site plan was approved for the main structure to be located 5' away from the side property line. The foundation inspection for the main structure was approved June 17, 2021. Our building inspector made an inspection on October 22, 2021 for an adjacent property and noticed the red survey pins on the south side of 1715 E Blue Stem were erected from the ground and leaning against the rear fence. Through further investigation the pins were moved at some point, and it remains unknown who moved them, post foundation inspection. The contractor brought staff a copy of the as built survey and it revealed that the contractor did not build the house to the specifications of the original submitted site plan. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property, as built survey and pictures of the pins were shown. Twenty-eight (28) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in favor and two (2) were received in opposition. Chairman Timaeus asked about the placement of the property line and setback and Mrs. Engman indicated the location on the slides. The applicant was present. Javier Barajas, representing JBA Homes Construction, 3149 Gulfway Drive, Port Arthur, TX, addressed the Board. He stated that he is the homebuilder and current owner of the property. He stated that he did not know who moved the survey pins. He added that the difference being discussed is only six (6) inches. Mr. Barajas stated that he understood the need for the variance, but that the slight discrepancy would not negatively impact the property or the neighbor's property. He stated that things like this happen in construction and that it was out of his control, but that he does take responsibility. Finally, he stated that the property did pass the City's foundation inspection and that the home is already built and has no other issues. Chairman Timaeus pointed out that the difference is actually more than six (6) inches. He also asked if the inspection was done before the slab was poured. Mr. Barajas stated that the inspection was done before the slab was poured. N. BOARD OF ADJUSTMENT November 22, 2021 Jeanette Winfrey, 1720 E Blue Stem, addressed the Board. She stated that she lives across the street from the subject property and is the secretary of the homeowners' association. She added that her husband is a homebuilder and she understands that things like this can happen in construction. Ms. Winfrey added that the future homeowners have been on hold waiting to live in their home because of this issue. She stated that she has heard of no opposition to the variance request and does not think it will negatively affect the neighbors. Finally, she added that there are thirty-four (34) more lots to sell in the subdivision and does not want anything to impede further development of the subdivision. Board Member Beaver asked about the letters in opposition. Mrs. Engman stated that one of them simply circled "no" on the form and the other one had a comment just stating "do not grant the variance." Brief discussion followed concerning the inspection process and how the movement of survey pins was discovered. Alternate Board Member Amuny moved to approve the request for a Variance to the minimum side yard setback from 5' to 4.2' in an RS (Residential — Single -Family Dwelling) District, as requested in File PZ2021-357. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver -Aye, Board Member Hilliard -Aye, Alternate Board Member Amuny-Aye. The motion to approve carried 4:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:17 p.m. DATE: December 2, 2021 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: To consider a request for a Variance to the required lot width, lot depth and lot area minimum in a GC -MD (General Commercial - Multiple Family Dwelling) District. FILE: PZ2021-403 STAFF REPORT Richard Faust, with Faust Engineering, is requesting a Variance, on behalf of Lisa Revia, to the required minimum lot area, width and depth requirements in a GC -MD (General Commercial - Multiple Family Dwelling) District. Mr. Faust intends to split one track of land into two parcels. The first lot with the address of 1610 Washington Blvd is an appliance retail shop and will have a proposed lot area of 5,401sgft, depth of 81.16', and width of 66.59'. The second lot is an existing residence and will have a lot area of 4,589sgft, depth of 66.59, and width of 68.87'. The intention of the lot split is for the owners to sell 1610 Washington Blvd and keep their residence at 2996 Avenue C. By strict compliance with the City of Beaumont Zoning Regulations, the GC -MD District requires a lot area minimum of 7,500sgft, a lot depth minimum of 100', and a lot width minimum of 75'. Sec. 26.05.002 (b) (1) Exemption for lot splits states "the requirements of this chapter shall not apply to the resubdivision of industrial lots, commercial lots, multiple -family lots (or portions of such lots), or condominium or "townhouse" regimes in subdivisions legally platted and filed for record in Jefferson County when the resulting lots meet all the minimum lot area, width and depth requirements of the zoning ordinance." Approval of this request would allow Mr. Faust to complete recordation of the lot split through metes and bounds. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 25 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 13, Block 19, out of the Arlington Addition, Beaumont, Jefferson County, Texas, containing 0.231 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Richard Faust PROPERTY OWNER: Lisa Revia LOCATION: 1610 Washington Blvd & 2996 Avenue C EXISTING ZONING: RM-H (Residential Multiple -Family —Highest Density Dwelling) PROPERTY SIZE: EXISTING LAND USES: SURROUNDING LAND USES: NORTH: EAST: SOUTH WEST Elementary School —0.231 acres Residential & Commercial X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RM-H (Residential Multiple -Family —Highest Density Dwelling) Residential & Commercial RM-H Residential Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: GC -MD (General Commercial Multiple Family Dwelling) District GC -MD Conservation and Revitalization Avenue C — Major Collector with a 61' right-of-way and 30' pavement width. Washington Blvd — Secondary Arterial with a 100' right-of-way and 63' pavement width. Curb and gutter 8" Water line SANITARY SEWER SERVICE: 6" Concrete sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' B&H NGUYEN INVESTMENTS LLC BATISTE CAROL BOYKIN DEBBIE MARTINEZJ SANTOS REVIA LISA SEYMORE LINDA KAY & DANIEL F SEYMORE LINDA KAY AUTOZONE INC JULES JOHN W & ALICE L ESTATE ORTUNO ABRAHAM & ILDA GARCIA ILDA MAHAVIR HOLDINGS LLC RENTERIAJULIO R CERVANTES BUTLER WILBERT LJR EUGLON DOROTHY C SEMIEN BONNIE JEAN NGUYEN VINH T MURPHY SLAUGHTER CARBAJAI JAIR & LAURA GOMEZ BUXIE PAUL HENRY GERALDJR LUJAN JESUS M & NOVMA P CHAVEZ NANCY NGUYEN NHUNG THI TRAN HIEP PHUOC BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: BOA 1610 Washington and 2996 Avenue Case #: PZ2021-403 C Location: 2996 AVENUE C, BEAUMONT, TX Initiated On: 11/8/2021 1:04:18PM Individuals listed on the record: Applicant Richar F. Faust 5550 Eastex Freeway, Suite O Beaumont, TX 77708 Property Owner Lisa Revia Post Office Box 816 Vidor, TX 77670 Type of Variance: Legal Description That the granting of the variance will not be contrary to the public interest That literal enforcement of the ordinance will result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Home Phone: Work Phone: Cell Phone: 409-223-8472 E-Mail: info@fausteng.com Home Phone: Work Phone: Cell Phone: 409-239-3851 E-Mail: lisahaire11 @gmail.com Special Exception ARLINGTON L 13 B 19 1610 WASHINGTON BLVD & 2996 AVENUE C The purposed of this request is to subdivide a tract of land that has two existing structures. This will not be detrimental to the public's interest. By separating these two structures, we will be correcting a previously existing issue. Our office has coordinated with the planning and zoning staff members, to minimize the amount of special exceptions required for the proposed division of these two lots. We believe that correcting this issue is in the best interest for the public. Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2021-403 Printed On: 11/9/2021 FA UST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 5550 Eastex Fwy., Ste. O Beaumont, Texas 77708 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 November 9, 2021 City of Beaumont Board of Adjustment 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: Variance request for minimum lot depth, width, and size. Telephone (409) 813-3410 Fax (409) 813-3484 Attached for consideration is a request to reduce the requirements for minimum lot depth width, and size, for the division of a lot zoned GC -MD. This division will divide the original lot into a north lot and south a south lot. This will ensure each structure on Lot 13 will have its own separate lot. The south lot will front Washington Boulevard and the north lot will front Avenue C. Both lots have access to water, sewer, storm, and road services. Per your requirements, we have attached the following items: 1) A copy of the signature sheet 2) A check to cover city fees 3) A site plan Thank you for your assistance in this matter. If you have any questions, I can be reached by telephone at 409-813-3410. For the Firm, Pad - Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Registered Professioinal Enginner No. 58169 SURVEY LEGEND —E—K—ELECTRIC LRLE : s > cavatET£ svwx sxr um POLY ❑ A c AIR awciammrc uAlr = _ _ = w000 FOAX —PL—PL•—PvwAE ® COMZM AREA Q DITCH P.P. PONR POLE—//—DWN LAW Ml&- -T—T— MLPHONE LINE ROCK OR GRAVa Q LAW A STREETLIGHT —X—BARBED ARE FVKF /WND 5/8' CHAIN LINK Nf 77' 041. E 66.59' REBAR—PP_ �� CA11ED 50) C CONC DRIW C CONC DR11£ COHC 4a30' �- COVD STEPSONS STORY MV0 Bµ WNC ME STEPS $� BLOCKS LOT. 2� WALK COVO 3072' ro ONE STORY R FRE WOODo BUILDING G O CONCN WALKcavC SLAB 0 N CONKS N_ 2 COVD CONC LOT 1 295 4' 25 N E— SET !/2" R£BA<? SCALE.• 1' = 30' �o CLWCC CK AND wC O N BRICK N 2 U� �a F.— Wei �012� "WHHEAD J ELECTRIC Z3 L Comc 4, WA Q n ELEVATED CONC WALK N 7748'04" E 50.21' SIGN (CALLED 507 POST FIXJNO 1'� SET 1/2- RFBAR S 77 48'04" W 66.59' -RA _,OY£� (CALLED 50) CONIRAL PEDESTAL BOX BURLED CABLE MARKER 1610 WASHINGTON BOULEVARD W. (100 R.O., PER PLAT) < P40 mat— st A, RIC}IARO F; FAUST ENGINEERING AND SURVEYING, INC.AMIMED '.47LS2 al.;� 9'!0•� RrCYLARO F. PAusr iNGAVEaM R MAnLAW IM na 4000 Na sss0 Fnsroc Fw simE o aFAuarr. roas moe SUR surer rAW RECISMATM Na 100024--00 u09> s�3 34�a FA% (409) 813-3164 File PZ2021-403: To consider a request for a Variance to the required lot width, lot depth and lot area minimum in a GC -MD (General Commercial - Multiple Family Dwelling) District. Applicant: Richard Faust for Lisa Revia Location: 1610 Washington Blvd and 2996 Avenue C 0 100 200 1 1 1 1 Feet PZ2021' 403OPP • _ I `,` - '11 4 1�t'<n fC : t'RM=H ' Imp+.' `�� D cci, < RMH ' �+- m - _- 'RM-H' or QL GC -MD GC -MD _. i -t• GC-MD Wp;SHINGlOt4 � � a � �_ �1ti A �� �:� ', •.,_ti , 'ate P 1 , GC --MD ► d. ��_ GC-MD VO DATE: December 2, 2021 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: To consider a request for an appeal of a determination made by an administrative official that a business allowing on -premise consumption of alcohol with a proposed seven (7) "bar stools" and four (4) table seats, not operating as an eating place, is determined to be a drinking place. FI LE: PZ2021-404 STAFF REPORT Baptiste Brunner has requested that the Board hear an appeal to a decision made by an Administrative Official of the Planning Division. Section 28.02.005(c) of the Beaumont, Texas Code of Ordinance allows for such an appeal and states: Appeal process. Appeals to the board can be taken by any person aggrieved or by an officer, department, or board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. August 17, 2021 Staff inquired on a request to serve alcohol at 8180 Eastex Fwy. It was stated the "Daiquiri Shop" will have a drive through. If they have a drive through with no customer seating they are classified as a convenience store, which is accepted without a Specific Use Permit (SUP) in most commercial zoning districts. On November 3, 2021 Staff reviewed a commercial alteration permit for a "Daiquiri Shop" at 8180 Eastex Fwy, Suite B. The floor plan showed seven (7) bar stools and four (4) table seats, including an area to play dart board games. The Planning staffs interpretation of the ordinance is that the use of Suite B is classified as a drinking place. Additionally, Staff has confirmed with Mr. Brunner that no food will be sold at this facility, just wine -based daiquiris. The property is zoned as GC -MD (General Commercial — Multiple Family Dwelling) district. A drinking place within that zoning district requires an approved SUP prior to the issuance of a Certificate of Occupancy per Sec. 28.03.023 Permitted Uses. Again, this is a request for an appeal of a determination made by an administrative official that a business allowing on -premise consumption of alcohol with a proposed seven (7) "bar stools" and four (4) table seats, not operating as an eating place, is determined to be a drinking place. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Name: Daiquiri Boom (Mercantile Case #: PZ2021-404 Occupancy) Location: 8180 EASTEX FWY SUITE B, BEAUMONT, 77708 Initiated On: 11/8/2021 12:37:38PM Individuals listed on the record: Applicant Baptiste Brunner Home Phone: 8180 Eastex Fwy Ste B Work Phone: Beaumont, TX 77708 Cell Phone: 5042968847 E-Mail: CEHBEnterprises@gmail.com Agent Baptiste Brunner Home Phone: 8180 Eastex Fwy Ste B Work Phone: Beaumont, TX 77708 Cell Phone: 5042968847 E-Mail: CEHBEnterprises@gmail.com Property Owner Diamond Real Properties, Llc. Home Phone: 2817974000 8180 Eastex Fwy Work Phone: Longview, TX 77708 Cell Phone: E-Mail: sharifnyl@gmail.com Case Type: Planning and Zoning Page 1 of 2 Case #: PZ2021404 Printed On: 11/9/2021 BEAUMONT Planning & Community Development Type of Variance: Appeal Legal Description Drive-Thru, To -Go Daiquiri Shop That the granting of the variance will As evidenced by my architects letter (Attached as "architect letter"), not be contrary to the public interest this building is already zoned for mercantile occupancy, and this is just a First Time FIT Up to the building. We will be sub -metering our utility services from the main occupant i.e. electricity, water, and sewage. I was initially told NO SUP was required per the zoning department and its director. I strongly believe in their initial assessment. Since the Public Interest concern is individuals congregating within the establishment, and as illustrated in my appeal, individuals do not congregate or remain in the establishment and the number of customers walking in is a less than negligible share of the client -base; the Public Interest concern is met. That literal enforcement of the I relied on the initial assessment and affirmation of the zoning ordinance will result in unnecessary department (attached as "Email Thread") from August 17th, 2021. hardship Since being granted an exception for an SUP, I moved forward with services and payments to initiate our First Time FIT Up of the space and have spent in the vicinity of $15,000, 3.5 years of personal savings, hard work, and a second job. These are non-refundable purchases that would not have been made had it not been for being granted an initial SUP exception. Now my gravest concerns are will I even be able to open my business, start up again elsewhere with 35% of our funding depleted, and a combined six months of work obtaining this property and initiating our FIT Up. That by granting the variance, the As described in the first variance above, the insignificant amount of spirit of the ordinance will be observed sit-in use described throughout this appeal preserves and satisfies and substantial justice will be done the spirit of the ordinance. The seating layout was configured to satisfy the State's minimum requirement for a TABC BG Permit, but the business is strictly aimed to cater to a "Drive-Thru"&"TO-GO"customer base. Our research reflects that this client base is beyond practically the entirety of those who patronize like -establishments. Please also see the attached letter from our Product supplier, who has extensive knowledge of this industry and supplies the large share of like -establishments in the Great State of Texas, where he justifies our statements along with a Power Point Presentation where Zee Fareed, Daiquiri Shop owner using the same model as mine, attests to this. Notes: Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2021-404 Printed On: 11/9/2021 APPEAL, APPLICATION FORM CITY OF BEAUMONT ERROR BEING APPEALED: The applicant hereby alleges that the following error in the order, requirement, decision or determination has been made by the administrative officer in enforcement of the Zoning Ordinance: My letter, application form, and its attachments all describe in depth why we allege an SUP is not necessary for our business and an error has been made along with a hardship created. To grant an appeal the Board of Adjustment must find that all of the following conditions have been met. Explain below or on a separate sheet of paper how each condition has been met. The applicant has the burden of proof. s That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map. As evidenced by my architects letter. (Attached as "architect letter"), this building is already zoned for mercantile occupancy, and this is just a First Time FIT Up to the building. We will be sub -metering our utility services from the main occupant i.e. electricity, water, and sewage. I was initially told NO SUP was required per the zoning department and its director. I strongly believe in their initial assessment. Since the Public Interest concern is individuals congregating within the establishment, and as illustrated in my appeal, individuals do not congregate or remain in the establishment and the number of customers walking in is a less than neglibible share of the client -base; the Public Interest concern is met. a That the resulting interpretation will not grant a special privilege to one Property inconsistent with other properties or uses similarly situated. I relied on the initial assessment and affirmation of the zoning department (attached) from August 17th, 2021. Since . being granted an exception for an SUP, I moved forward with services and payments to initiate our First Time FIT Up of the space and have spent in the vicinity of $15,000, 3.5 years of personal savings, hard work, and a second job. These are non-refundable purchases that would not have been made had it not been for being granted an initial SUP exception. Now my gravest concerns are will I even be able to open my business, start up again elsewhere with 35% of our funding depleted, and a combined six months of work obtaining this property and initiating our FIT Up. o The decision of the Board must be such as will be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws. As described in the first variance above, the insignificant amount of sit-in use described throughout this appeal preserves and satisfies the spirit of the ordinance. The seating layout was configured to satisfy the State's minimum requirement for a TABC BG Permit, but the business is strictly aimed to cater to a "Drive-Thru" & 'TO -GO" customer base. Our research reflects that this client base is beyond practically the entirety of those who patronize like - establishments. Please also see the attached letter from our Product supplier, who has extensive knowledge. of this industry and -supplies the large share of like -establishments in the Great State of Texas, where he justifies our statements along with a Power Point Presentation where Zee Fareed, Daiquiri Shop owner using the same model as mine attests to this. APPLICANT'S SIGNATURE DATE 11/9/2021 Dear Board of Adjustments, My name is Baptiste Brunner, a Louisianan by birth, Texan by choice. I am the Founder and CEO of CEHB Enterprises, LLC. and a prospective business owner in Beaumont. I write to you today to appeal the need for a Special Use Permit (SUP) for our location at 8180 Eastex Fwy Suite B, Beaumont, TX 77708. After you read about my hardship, current zoning classification of the building, testimonial from the largest shop owner in Texas with the same business model, and my product supplier who is leading the growth of this new industry to Texas; it will be revealed that an SUP is not necessary for my business nor applicable for my building due to its current classification. To start, I would like to tell you a bit about my business's location decisions and then justify and prove that a Special Use Permit is not applicable for our business model. When I moved to Texas 8 years ago, it took me a while to get adjusted to leaving my home state. Louisiana is different in many ways than other states, very different, but so is Texas. This Great State's opportunities are endless, and it truly is the last frontier in this country economically speaking. However, in Houston, I have never quite felt at home with the exception of the sentiments of family that my wife provides me. I drive back home quite often as it is a quick drive, and Beaumont has always been a stop for me on both sides of the trip. It was during these stops and while visiting my cousin in Lumberton, when I realized the Golden Triangle is reminiscent of home to me. I feel home in Beaumont, I feel home in Port Neches -Groves, and I feel home in Port Arthur. The Golden Triangle is truly a Golden Piece of Texas to me, and it is a place of like folk. My current role as a Financial Advisor for AIG allows me to service the K-12, public health, and higher education sectors of Beaumont; and I am proud to serve those public servants regularly. The reasons above are why my wife and I chose to open a business in Beaumont with plans to purchase our first home there as well. Moving forward to stating my case, the hardship this SUP brings is quite worrisome. The first action our company took after signing the space lease in August was applying for our necessary TABC license, a BG On -Premise permit. This permit allows our business to package and sell our product through using a "Drive-Thru"/"TO-GO" business model, but it also calls for on -premise consumption. On August 17th, 2021 a member from the City of Beaumont Zoning Department, emailed me stating my need for an SUP. She asked if my business was wine or liquor based and if we will have a drive-thru. After answering her questions and mentioning that we will solely provide wine -based beverages and will have a drive-thru, I offered to speak on the phone to ensure we covered everything and to learn more about the SUP. Her response was that she spoke with the Director of the Zoning Department and since we will be providing only wine based products an SUP was NOT needed. Because of this affirmation my company moved forward with our TABC licensing, architectural designs, hardware purchases, etc. that has amounted to—$15,000 or 3.5 years of personal savings. After we submitted our architectural designs and building permit application on November 3rd, 2021, the zoning department reached out again stating I would need an SUP now. I forwarded them our previous email thread where they said I would not need one, and I was basically told they made an error and I still need to apply for an SUP. do not know where the confusion came from as the permit is titled "BG On -Premise" and my address clearly stated in our August submittal as a Suite. My business now has spent —35% of our funding that is non-refundable, and we won't be able to open without an SUP. Best, case scenario, we will receive an SUP but will need to push our opening date back 3 months, something we cannot afford. Since our initial correspondence with zoning on 8/17/2021, there have been 3 meetings to obtain an SUP, and now the next meeting is not until January 24th, 2022. This is a major setback and we are losing money everyday with this delay. Please see my entire email correspondence with the CoB Zoning Department attached with my other documents for your record. We strongly agree with the Zoning department's initial affirmation from 8/17 stating that an SUP will not be needed. Although the above -mentioned case with the Zoning Department was more than likely an honest mistake, this may not be enough to persuade your board. I have also attached a letter from my architect, Paul Vanderwahl (attached as "Architect Letter"), a man who is very familiar with building and zoning codes through his 40+ years as an architect. Paul mentions in his initial points what I requested when he was designing the place, an establishment that is tailored to the "Drive-Thru" client base with a pick-up "To -Go" area for those without vehicles. Paul will tell you that he was surprised when I requested for a business to not cater to sit-in customers, but he understood after my explanation. We look to provide a quick service/sale business model leaving a lasting impression on our drive-thru/to- go customer base. We do not want people to come inside as it is less profitable, and we do not wish for anyone outside of employees to congregate at our location. Most importantly, points 3, 4, and 5 in Paul's letter state the existing building is classified for Mercantile (M) Occupancy for the ENTIRE building. The A-2 occupancy classification for this project is permitted under IBC with a 2-hr fire rated demising wall simply separating it from an already occupied gas station. This is not new construction by any means. Just a First Time FIT Up for the existing building. We will be sub -metering all utilities from the owners. In other words, there is only one utility meter per utility service for the entire building. I will be directly paying the building owner for public utilities i.e. water, electricity, and sewer again because we are all on the same meter. So in addition to our hardship, the building's zoning classifications should also provide clear evidence as to why an SUP is not necessary for our business. Finally; my product supplier, Austin Johnson, and Zee Fareed, who owns the largest amount of locations in this industry in the State of Texas both wrote testimonials that satisfy the 1 st and 3rd variances found in this appeal. The two Variances are: -That the granting of the variance will not be contrary to the public interest The Public Interest concern is individuals congregating at out establishment. Zee Fareed mentions in his PP presentation "Over 99% of drinks sold at end -cap, drive-thru locations are consumed by the customer off the premise. We have strategically positioned and designed these stores in a way that over emphasizes the convenience of taking a daiquiri "TO GO." These sites are not bars, club, or lounges and minimalistic interior and lack of seating ensures that the customer sees it that way. "This testimonial can be found on slide 2 of the "Daiquiri Island Business Model Testimonial". Austin Johnson, the owner of MPACT Beverages and creator of the business plan CEHB Enterprises and Zee Fareed follow, mentions in his letter (Attached as "Supplier Letter") the following to satisfy this variance: "When consulting with a new start up customer one of the first points that I make is that the success and growth of this business is predicated on the convenience of a daiquiri "TO GO, "i strongly advise that the operator overly positions it that way so that the customer clearly understands that this is NOT a bar/lounge establishment. In fact, on -premises consumption in a small footprint location has proven to stifle sales by congesting the walk-up counter/ordering point. It is in the operator's best interest to simply meet the TABC's minimal seating area requirements. That in combination of large signs emphasizing "TO GO" & Drive thru sends a clear message to the customer." -That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Our response found in this section of the appeal and in referencing Zee Fareed and Austin Johnsons' testimony above satisfies this variance. We truly do not wish for any congregation of our customer base inside the establishment and have designed the building this way (as referenced in Paul Vanderwahl's letter "Architect Letter"), while simultaneously satisfying the State of Texas and TABC's regulations of providing the bare minimum of indoor seating. To add the new TABC attestation (attached as TABC Attestation) now only requires that provide adequate seating. It does not state that we must provide on -premise consumption. Finally, we ask the city representatives to visit our location at their discretion to assure this Board, the City Council, and Zoning commission that we keep our word. CEHB Enterprises, LLC. truly hopes this Board understands our predicament and why an SUP is NOT applicable for this location. Because of the initial confusion from the zoning department on 8/17/2021, we have now spent a significant amount of non-refundable funds that would set us back years to start over again elsewhere. If this appeal is not granted, we would need to worry for almost 3 months whether or not we will even be granted an SUP and open a business at this location. If the appeal is not granted but an SUP is in January, we would need to push our opening date back by at least 3 months, something we do not know if we can afford. We believe you will find the testimonials from our Architect, Supplier, and fellow Business owner as an absolute clarification of this business type we are bringing to Beaumont. We look forward to bringing new jobs to the area and donating a portion of our profits directly to the local schools in our area and to Beaumont's First Responders. We hope to be a beneficial addition to this community, and truly hope we have proved our wishes to follow all rules and regulations. I thank you for reading my appeal today and all attachment's and forms answered here within this packet. In closing, I would like to mention the reason behind the name Daiquiri Boom and our theme. This city was once the richest town in the state and competed on an economic level with New York City. The birthplace of Texas may be Deer Park near the San Jac River, but the birthplace of Texas's economic future was here in Beaumont; and I hope to remind its citizens of that. Should you have any questions or need any clarification, please feel free to contact me by reaching out via any form of communication in my signature below. Again, thank you, and may God bless Texas. Best, Baptiste W. Brunner Founder & CEO CEHB Enterprises, LLC. Cehbenterprises@gmaii.com (504) 296-8847 R^R a€ EllY y @3@ S F 3 i A S II P G P w' $ ysYy+f' I RN .I. r�rr 2 i4 911 i [ F F ! 5 ^ gRAP a s s } G AA29 o n9 32 n7 FP s1 ie �� !1 H IJ 1_. - 1 1 IM a DAIQU IRI UIRI SHOP 1�154riL115T RO.aD WA TFrE NOppIA`:p5 TEXAS jjl•0 �c.Yr ai hi �cac o Y D is Q rasT r�VtnT[RCMrrt-(P Yaupnac rwrce.�.r " L � 1 Is�cocnsiurxrr.>r,sw�ce,ntxw�cxrt,Trxos7Tw I ��ND ERWAL ARCHITECTS •�'� ca a�. 3 s ,Scn I ��44 1; yga9 111FJim $� a' JR co Did 4 tul a O �� ��� �6 � _ '•i � le��e � I• •J 5 �i ''Kok I <; E& o-a w o Nall F$�4�3�� h I I I61 z 2 3131a O d ru 5� e5.,= I I r I p a I F 1.aE N �:,n Ifi Inal gip- I� (13 jj ICI � Q ' • HERE 3 t�t h gn`� • '•I k f ..QZo � � �as�3 h'�� SGha�n zaz � � � `fie �i�� pin y qq I $ ,3 eea M8 spas �"a.N drif 0log" -M a< s srn wwo �} File PZ2021-404: To consider a request for an appeal of a determination made by an administrative official that a business allowing on -premise consumption of alcohol with a proposed seven (7) "bar stools" and four (4) table seats, not operating as an eating place, is determined to be a drinking place. Applicant: Baptiste Brunner 0 100 200 Location: 8180 Eastex Fwy, Suite B I I I I Feet i. �' Legend lr,,� b� • `i �� i _ I } k-ti�: � `--��ij� , "r;.i � Tw �{,- ��� ��`�j•6 h;��'R �.L{ .r A= 4 . 1 �� I 1 `� ^ _� � i. � �' �s-r a .�M�y;a . yF � ,�}'•'Y • ' - } . it 1PIj r t - G MD 'f ' �y ` , J 1 '` `vl ry r o• iGVMD' a RM-H t' 1L�11 •�'' �' •\ V"DERWAL ARCHITECTS OFFICE 719 SAWDUST ROAD 110 A MAIL 35 ALDEN GLEN DKIVE THE WOODLANDS TX 77582 PHONE 2s136+9119 WEE) vAv\Y.VanderwaiArchitects.com EMAIL PaukWanderwaiArckitects.com EMAIL NancgoVanderwaiArckitectsxom November 8, 2021 City of Beaumont, Texas Planning Board of Adjustment 801 Main Street, Beaumont, TX Re: Daiquiri Shop Beaumont. To Whom It May Concern. Mr. Baptiste Brunner is in the process of obtaining a Building Permit from The City of Beaumont for his planned first-time Interior Fit -Up lease space at an existing building located at 8150 Eastex Freeway, with his lease space address as 8180 Eastex Freeway, Suite B. Mr. Brunner, owner of the Daiquiri Shop, has asked me to write the following summary of the proposed use of his new business, as presented to me. These items are the basis on which the lease space was designed: 1 Design a Daiquiri drinks services establishment, with take-out, primarily drive -up, services, with minimal interior services and accommodations for customers beyond that mandated by TBAC for a BIG Permit. The business plan is based on a model that dispenses sealed drinks at the drive -up window, in compliance with TABC. This is more profitable, and safer for staff, than providing interior seating and serving. 2 Handling, and providing for, interior serving is not desirable for this facility, yet is required under the TBAC BG License. 3 The existing building was permitted with an M (Mercantile) Occupancy Classification for the entire building. The A-2 Occupancy Classification for this projected TBAC-licensed facility and lease space is permitted under IBC with a 2-hr fire rated demising wall separating it from the already -occupied gas station convenience store located in the same building. This was provided for by the building owner. VANDERWAL ARCHITr_CTS 1/2 4 All utilities are already provided at the building: electricity, water, sewer and gas, for sub -metering by the building owner. No new services are needed, only tie-ins. 5 The shell building was designed, and intended for, lease space occupancies. It must have been platted that way prior to Building Permit issuance. 7 Mr. Brunner has been in contact with the local authorities as part of his planning process to learn about, and comply with, all City of Beaumont, as well as State Regulations. The Use for the tenant lease space was presented as BG, on/off premise consumption. He was informed that no SUP would be required. 6 The plans were prepared, and timed, for occupancy and operations this year. Now, during the Permit Process review, he has been advised that an SUP will be required due to on -premise consumption accommodations (as called for by TBAC). This condition was previously presented. This will this prolong the approval process beyond that envisioned and planned for, resulting in unreasonable hardship for Mr. Brunner' s business. If, as he sought Permitting advise at the time, Mr. Brunner had been advised of the SUP being required, he would have applied for this in a timely manner. Hopefully this summary will assist Mr. Brunner in his respectful request for reconsideration by The City of Beaumont for the recent requirement for the SUP process, and the resulting delay, in the issuance of a Building Permit. Respectfully, Paul B Vanderwal AIA VANDERWAL ARCHITECTS VA348 - City of Beaumont - Planning Board of Adjustment VAN DERIVALARCH ITECTS 2/2 To whom it may concern, My name is Austin Johnson and I'm one of the owners at Mpact Beverage. We are the leading supplier of Daiquiri to GO businesses in the state of Texas with over 150 daiquiri partners. We have over 30 years of experience in the daiquiri business on both the retail and vendor/supplier side have partnered up with Baptiste and Daiquiri BOOM to help bring an authentic Daiquiri TO GO experience to North Beaumont. I wanted to provide some insight into the Daiquiri To GO business model along with its positioning in the eyes of the customer/consumer. I've also included a firsthand testimonial from Zee Fareed who owns one of the largest Daiquiri to go chains in Texas and incorporates that exact same model. (see attached) Zee states that "over 99% of all drinks sold are consumed off the premise of the business." Whether its picked up through the drive thru or picked up thru take out, 99% of sales are to be consumed off premise. (attached is a master store list of the BG licensed Daiquiri Island locations) Also included is a series of other customer location photos and how they have executed the model with a matching footprint and layout as Baptiste's. (End cap drive thru of convenience store) When consulting with a new start up customer one of the first points that I make is that the success and growth of this business is predicated on the convenience of a daiquiri "TO GO." I strongly advise that the operator overly positions it that way so that the customer clearly understands that this is NOT a bar/lounge establishment. In fact, on - premises consumption in a small footprint location has proven to stifle sales by congesting the walk-up counter/ordering point. It is in the operator's best interest to simply meet the TABC's minimal seating area requirements. That in combination of large signs emphasizing "TO GO" & Drive thru sends a clear message to the customer. At the end of the day, this business provides a new, fun, and COVID 19 safe, Daiquiri TO GO experience for Beaumont area locals. This is the exact experience the Mr. Brunner hopes to bring to North Beaumont with your help and support. If you have any other questions about the business model or its positioning, please feel free to contact me directly by email or by phone. Thank you for your consideration. Kind regards, Austin Johnson Vice President of Sales & Partner Ajohnson @nipactbeverage.com C - 832-260-2217 P - 832-559-8633 Ext. 102 W Imm M t � • -0 L ) CL O .- L7 V O O 3 cn _ r m O a� E b_ C ;•- E E Q o a L L mLl N A^ C r/ u O •- O i }+ >. a 3 0 o L t O 3 cr m ._ E = s a� � > 4-0•- .__ E E acc a N co 8 J � N 0 Q Cl) P N O Z a j E Q z fC N a X 9 N X o E u •L {i 4- O C cr 'a L O OO C Q � •N �, Y U fii U U U O .0 + 4-1N s- � O A O 4-J -C ~' — v v O aJ � •� N kn 0 N _0 0 4— � - O H N � a�i rn o L N p L cu Q r V °20-�� C 0 A LL O R Z O r O K m 0 W W � Q z l O (n0 CO Q SS M N_ N Y T N N ti W 0 o N 0 N 0 N in 0 E z a` o z E- LL a R O w N R O N u y W w K a--t 4- 0 Y � U (O N C � f0 L. L Q) O E N C O V) 'U U E t N E N -0 � C N cv � k v O N L v) O V N i � 41 LT -0 � O 4- U � I U O L 0L.L n- N H N 00 00 00 m H n E 0 O 91 so 4-j oN o .0 f— !N O N C6 (6 41 C- U 0- U1 C: b.0 > i O o n X A A V) (10 txo� C a s � U N tv C � s o Q O Y bD C UCCO C,.-f C co L. U v o aJ s O V U m N U U bjD N > c a L CO Q Qa O � Q O O O dl -� O E a(° a� a oW LU f1J agLL W m fl e/J LA— tu L Q'D d �a 0 Z(aI CZM u a � N a Dim J .1+ .15 0 Uo DATE: December 2, 2021 TO: Board of Adjustment FROM: Demi Engman, Senior Planner SUBJECT: To consider a request for a Variance to the required minimum pavement setback to be reduced from 2' to 10.5" in an RM-H (Residential Multiple Family — Highest Density) District. FILE: PZ2021-405 STAFF REPORT April Simoneaux with Byrdson Services, LLC is requesting a Variance, on behalf of George Fontenot, for the property located at 2708 Sabine Pass Avenue. She has requested that the paved surface be reduced from 2' to 0"- 10 1/2" from the exterior side property line. Ms. Simoneaux is requesting this Variance for Mr. Fontenot so he may keep his existing detached garage where it is currently situated on the property. Please see site plan located in your packets for a visual reference of the aforementioned. Section 28.03.024 (c) (18) states all paved hard surfaces, including but not limited to sidewalks, driveways, pool decks and patios shall be a minimum of two (2) feet from any side or rear property line. Byrdson Services, LLC is a local company. They have participated in the General Land Office (GLO) Disaster Recovery Program to facilitate building structurally sound homes and mitigate future flooding hazards for citizens' homes that have been affected by natural disasters. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 29 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 11, Block 25, out of the Arlington Addition, Beaumont, Jefferson County, Texas, containing 0.161 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: April Simoneaux for George Fontenot PROPERTY OWNER: George Fontenot LOCATION: 2708 Sabine Pass Avenue EXISTING ZONING: RM-H (Residential Multiple Family —Highest Density) PROPERTY SIZE: —0.161 acres more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X—Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multiple Family —Highest Density) EAST: Residential RM-H SOUTH: Residential RM-H WEST: Residential RM-H COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Sabine Pass Avenue - Local street with a 60' right-of-way and 28' pavement width Roberts Street - Local street with a 60' right-of-way and 20' pavement width DRAINAGE: North is open ditch and East is curb & gutter WATER: 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' THIBODEAUX MURPHY JR ESTATE THIBODEAUX MURPHYJR ESTATE HENDRICKSON JEANIE M FONTENOT GEORGE G FONTENOT GEORGE G WESTBROOKS DONALD RAY DIVINE HOUSE OF REFUGE CHURCH DIVINE HOUSE OF REFUGE CHURCH GOBAR LLC GOBAR LLC COLLINS EMMA LUCILLE ESTATE HACIENDA SERVICES INC GARCIA FROILAN ROJAS & ARCELI SHELANDER SCOTT F JOHNSON HENRY F JOHNSON JANICE LIZAMA LIDUVINA EBELIN JAIMES SOFRONIO ET UX SINGLETON SAMMIE JONES MICHELLE LYNN CHAPA LORENZO ANTONIO PATILLO ROBERT L PATILLO ROBERT L PATILLO ROBERT L MARTINEZ HECTOR & JEAN LEDUC PARTNERSHIP LTD JIMENEZ PABLO ELDRIDGE VIOLA R READO WELDON D & CHERI BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: ARLINGTON L 11 B 25 Case #: PZ2021-405 Initiated On: 11/9/2021 2:56:25PM Location: 2708 SABINE PASS AVE, BEAUMONT, TX Individuals listed on the record: Applicant April Simoneaux 1245 W. Cardinal Dr. Beaumont, TX 77705 Property Owner George Fontenot 2708 Sabine Pass Ave Beaumont, TX 77705 Type of Variance: Legal Description That the granting of the variance will not be contrary to the public interest That literal enforcement of the ordinance will result in unnecessary hardship That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done Notes: Home Phone: Work Phone: Cell Phone: 409-651-0983 E-Mail: april@byrdsonservices.com Home Phone: Work Phone: Cell Phone: 409-454-3440 E-Mail: speedygee2@yahoo.com Variance ARLINGTON L 11 B 25 The granting of the variance will not be contrary to the public interest. It will allow the homeowner to keep his detached garage. Literal enforcement of the ordinance will result in the homeowner losing his detached garage he is hoping to keep. By granting the variance and allowing us to place the 1420' parking pad 10.5" from the side property line, the spirit of the ordinance will be observed and substantial justice will be done. Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2021-405 Printed On: 11/9/2021 1b BYRDSON services To whom it may concern, We, Byrdson Services, will be demoing the home on the corner lot at 2708 Sabine Pass Ave Beaumont, TX 77701 and rebuilding a new home in its place as part of the Texas General Land Office's Harvey Homeowner's Assistance Program. When we rebuild the home in this program, the GLO requires that we provide a 14x20' handicapped accessible parking pad. This client has a detached garage that he would like to keep, but the distance from this detached garage to the side property line is only 20' 10.5". City of Beaumont requires that flatwork be at least 2' from the side property line. In this case, we will only be able to offset the 14x20' parking pad 10.5" from the side property line or we will be forced to demo the detached garage. See site plan for reference. Thanks, April Simoneaux Project Manager Byrdson Services, LLC O Z w W Ei gjSFr f� F g a�x®•�: 03�s@I•H�3DS•SAo• V i 3eo$ J. ai i $a ! 5 S€s W$ aYs 4�cZ� 9 $g�g403 gg 2 Yo�. 'r �=u 1 _ L 1 / Ego • ogu� t ¢p t •' E —' v L �z~W k " t4 w 10 yy1{ Vp \ M��■ z •i g < o 0 z S � ago � a � a a z h :a q•\ a cw,orn I l 3 ay Mod. �]O�FF: . � 0x�rc0•wc�o\'` rca �e a I it' fi / a I K Z'Lg LLJW W �ZIIO g 'Z Nm $ go a JI I 0I0 e 6 He PZ2021-405: To consider a request for a Variance to the required minimum paveme 2tback to be reduced from 2' to 10.5" in an RM-H (Residential Multiple Family — Highe ensity) District. pplicant: April Simoneaux for George Fontenot acation: 2708 Sabine Pass Avenue 0 100 200 1 1 1 1 Feet