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HomeMy WebLinkAbout4-7-22 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT April 7, 2022 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on April 7, 2022 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 Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Alternate Board Member Christy Amuny Alternate Board Member Christopher Jones Also present: Demi Engman, Senior Planner Tom Duesler, Senior Assistant City Attorney Miles Haynes, Management Assistant Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for March 3, 2022. Board Member Rowe seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:02 p.m. PUBLIC HEARING 1) File PZ2022-73: To consider a request for a Variance to the required side yard setback to be reduced from 5’ to 3’6”, the rear yard setback to be reduced from 25’ to 16’ and the front yard setback to be reduced from 25’ to 21’6”. Applicant: Jennifer Smith with Tegrity Homes for Josephine Joyce Benoit Location: 2740 Sarah Street Mrs. Engman presented the staff report. Jennifer Smith with Tegrity Homes, on behalf of Josephine Joyce Benoit, is requesting a Variance for the property located at 2740 Sarah Street. The property is zoned Residential Multiple-Family—Highest Density (RM-H) and therefore requires a front and rear building setback of 25’ and an interior side yard setback of 5’ for a main structure. The applicant is BOARD OF ADJUSTMENT April 7, 2022 requesting the front yard setback to be reduced from 25’ to 21’6”, the rear yard setback to be reduced from 25’ to 16’ and the interior side yard setback to be reduced from 5’ to 3’6”. Our minimum lot requirements for a property located in the RM-H zoning district are 50’ in width and 100’ in depth. 2740 Sarah Street has a lot depth of 75’ and lot width of approximately 36’. Therefore, this lot contains less than the required minimums per our City ordinances Sec. 28.03.024 District Area and Height Regulations. Tegrity Homes is a Houston based 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. Slides of the subject property and site plan were shown. Twenty-six (26) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Brief discussion followed concerning the specifics of the site plan. A representative for the applicant was present. Melinda Thibedeaux, 2660 Lela Street, addressed the Board. She stated that she is the sister of Josephine Benoit, who was unable to attend due to work obligations in the healthcare field. Ms. Thibedeaux stated that the home is over one hundred (100) years old and has suffered damage from many storms. In response to questions from the Board, she stated that the home has been approved by the Texas GLO program for demolition and rebuilding and that the lot is narrow and therefore requires a variance to meet the requirements of the program. Board Member Hilliard moved to approve the request for a variance to the required side yard setback to be reduced from 5’ to 3’6”, the rear yard setback to be reduced from 25’ to 16’ and the front yard setback to be reduced from 25’ to 21’6”, as requested in File PZ2022-73. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver- 2 BOARD OF ADJUSTMENT April 7, 2022 Aye, Board Member Hilliard-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye. The motion to approve passed 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:09 p.m. 3