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Home My WebLink AboutMar 2023 BOA Packet*A * (�E�VO/� BOARD OF ADJUSTMENT City Council Chambers, City Hall 801 Main Street, Beaumont, Texas Public Hearing 3:OOp.rn. The meeting will also be broadcasted on the City's YouTube channel: *A G E N D A * APPROVAL OF MINUTES Approval of the minutes of the meeting held February 2, 2023. SWEARING IN OF WITNESSES PUBLIC HEARING I) To consider a request for a Variance to the required front yard setback tobereduced from 25'toS'for acarport. Applicant: He1enSutton-Tegbe Location: I3lOGalway Drive OTHER BUSINESS Texas Local Government Code 211.009 consideration of unnecessary hardship in regards to economic loss. KA,q 91KelNU1.1101| Persons with disabilities who plan to join this meeting and who may need euxUien/ aids or services are requested tocontact Chris Catalina at88O-3777. MINUTES BOARD OF ADJUSTMENT Febi-ttary 2,2023 City Hall, 801 Main Sti-ect A meeting of the Board of Adjustment was held on February 2, 2023 and called to order at 3.00 p.m. with the following members prescnt: Chairman Dana'fimaeus Board Member Jeff Beaver Board Member Joey Hilliard Board Member Tom or Board Member Rogers Sorrell Jr. Board Members absent: Alternate Board Member Christy Amuny Alternate Board Men-lber Chris Jones Also present: Adina Josey, Senior Planner Sharae Reed., City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for January 5, 2023. Board Mcn-tber Sorrell seconded the motion. The motion to approve the minutes carried 5:0. SW AILING IN OF WITNESSES All witnesses were sworn in at 3:01 p.m. PUBLIC HEARING, 1) File PZ2023-16: To consider a request for a Variance to the required front yard setback to be reduced from 25' to 3' and the required side yard setback to be reduced from 5' to 2.5" for a carport. Applicant: Marc LaRousse for Eric LaRousse Location: 1440 Mimosa Lane Mrs. Jose y presented the staff report. Marc LaRousse and his son Eric LaRousse, property owner, are requesting a Variance for the property located at 1440 Mimosa Lane. They would like to construct a earport in the required front yard. Carports are permitted in the required front yard if there is no existing garage or access to the rear yard. Mr. LaRousse, however, has all existing garage. The property is zoned BOARD OF ADJUSTMEN"I" Febz,tiary 2, 2023 IDS (Residential Sin gle- Fanilly Dwelling) and therefore requires a 25' building setback from the front property line and a 5' setback from the side for a one-story structure. The applicant requests the required setbacks to be reduced froin 25' to 3' and 5' to 2.5'. 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) "I"hat 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 bundred (200) feet of the subject property. Zero (0) responses were received in favor and one (1) was received in opposition. Mrs. Josey explained that a neighboring property owner was initially opposed to the Variance because she was of the understanding that the 3 " setback would be from the street,, not the property line. Once Mrs. Josey explained that the carport would be approximately 18" from the street, the property owner changed her position in favor of the Variance. The applicant was present. Marc LaRousse, on behalf of property owner Eric LaRousse, 1440 Mimosa Lane, Beaumont, Texas, addressed the Board. He stated that he and his wife are currently living at the residence, along with his son, Eric. As a result, there are tlu-ee vehicles parked at the residence. The property was purchased one year ago and has been remodeled. Mr. LaRousse ftirther explained the proposed location of the carport and presented a photograph of a similarly constructed open-conccpt carport. He also stated that the small existing garage catmot accommodate a vehicle. Brief discussion followed regarding the current drainage line, placement of the proposed carport pillars, and placement of the carport in relation to the roof line. Board Member Hilliard moved to approve the request for a Variance to the reqUired front yard setback to be reduced from 25' to 3' and the required side yard setback to be reduced from 5' to 2.5' for a carport, as requested in File PZ2023-16. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Men-iber Beaver -Aye, Board Member Hilliard -Aye, Board Member Rowe -Aye, Board Member Sorrell -Aye. The motion to approve passed 5:0. 2 BOARD OF ADJUSTMENT February 2, 2023 OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:17 paii. 3 DATE: March 2, 2023 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: Toconsider arequest for aVariance tothe required front yard setback tobereduced from Zyto3'for acarport. F|LE: PZ2023'48 He|enSuuon'Tegbeisrequesting aVadanceforthe property located at131OGalway Drive. She would like to construct a carport in the required front yard. Carports are permitted in the required front yard if there is no existing ganageoraccesstothenearyard.Ms.Sutton'Tegbe,however,hasanexisting garage. The property is zoned IRS (Residential Single -Family Dwelling) and therefore requires a 25' building setback from the front property Une.The appUcantrequeststhercqu\red set back tobereducedfrom35'to3'. A Stop Work Order was issued on JanUary 25, 2023, as construction had begun without the benefit of a permit. The applicant shall have the burden of proof todemonstrate that all three conditions necessary for approval have been met - A) That the granting ofthe variance will not becontrary to the public interest; B\ That literal enforcement ofthe ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography orother extraordinary orexceptional 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 orowne/sactions; and C) That bygranting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners 18___ Responses in Favor . Responses in Opposition LEGAL DESCRIPTfON Being Lot 9,Block 37,Dow|enWest Addition, Unit Zl,Beaumont, Jefferson County, Texas, containing .2S7 GENERAL IN FORMATION /PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARDZONE: SURROUNDING LAND USES: Helen Sutton-Tegbe Helen Sutton-Tegbe 1310 Galway Drive RS (Residential Single -Family Dwelling) 0.275 acres, more or less Residential "'X" — Area determined to be outside the -year floodplain. NORTH: Residential RS (Residential Single -Family Dwelling) FAST: Residential RS SOUTH: Residential RS WEST: Multi -Family GC -MD (General Commercial — Multiple -Family Dwelling) COMPREHENSIVE PLAN: Stable Area STREETS: Galway Drive — Local Street with a 60' right-of-way and 26' pavement width. DRAINAGE: Curb and gutter WATER: 8 water line SANITARY SEWER SERVICE: 6 sanitary sewer line PROPERTY TY OWNER NOTICES SENT WITHIN 2001 AYALA ELLA MARIE BARBERJOSEL BRUSH MEREDITH & JASCHA CHANCE ERNEST C I DANIEL WILLIAM JR & SUSAN DARTEZ TERRY ET UX GANDHI KUSHAL HAMILTON HOWARD S II &PATSY R JEFFERSON COUNTY D D 6 KOCH BRADY C SR & TESSA KRAEMER KENNETH RJR & LM HWY HOLDING LLC ETAL fNCKAGUE AARON ESTATE MUSE RUTH A PATTIE JOSEPH E III ET UX SANDERS JOSEPH P & SEENA F SANTACRUZ MICHAELA & JUSTO TEGBE HELEN (LIFE ESTATE) B EAIJ MC3 N T Planning & Community Development Case Type:Planning and Zoning Case Sub Type. Variance Case #: PZ2023-48 Location: 1310 GALWAY DR, BEAUMONT, 77706 Individuals listed on the record: Applicant Helen Sutton-Tegbe 1310 Galway Dr Beaumont, Tx 77706 Agent Helen Sutton-Tegbe 1310 Galway Dr Beaumont, TX 77706 Property Owner Helen, Sutton-Tegbe 1310 Galway Dr Beaumont, TX 77706 Type of Variance: Special Exception Case Status: PAY FEES Tag Name: carport Initiated On: 1/31/2023 3:30:34P1 Home Phone: Work Phone: Cell Phone- 4093500425 E-Mail: hstegbe7@gmall.com Home Phone: Wort Phone: Cell Phone- 4093500425 E-Mail: hstegbe7@gmall.coni Home Phone - Work Phone: Cell Phone. 4093500425 E-Mail: hstegbe7@gmail.com Legal Description. Lot 9, Block. 37, Dowlen West Unit 21 That the granting of the variance will That the granting of the variance will not be contrary to the public not be contrary to the public interest interest; Due to the size, and shape of the property, there is no harm or practical difficulties to public interest or my neighbors. Granting this area variance, does not involve a great change to the character of the neighborhood. That literal enforcement of the It will make it difficult to assist my brother who is paralyzed, in and ordinance will result in unnecessary out of the rain. the carport will protect my cars, from rain, hail, and hardship snow. That by granting the variance, the That by granting the variance, the spirit of the chapter will be spirit of the ordinance will be observed observed and substantial justice will be donee and substantial justice will be done Granting this area variance, will allow feasible use of a small portion on the land, from being useless. this flexibility will, keep the spirit of the chapter, it will be observed and substantial justice will be done. No tes.- Case Type: Planning and Zoning Page I of 1 Case #: PZ2023-48 Printed On. 2/17/2023 PROPERTY LINE 0 PLOT PLAN SCALE: I"=20' LOT e 5LK 31 SUIBDV., DOWLEN UNIT - XXI DATE: 2-13-23 EXIO,TIKG Wcqy2pFU E i■i■r}�'��i �I Xl tl WOOD PENCE ENCE 1 1 5LAB I I 1 If4� ;�. r n♦ a o P ? P h. 1 M TRET LIG4T AND �' 1#I1E r=,S T, 1 a 4 qa r 4 ¢+ r 4# ■ � i � i R 4 + d + d 4 4 i A + ! 4 '4. 00 ' +art �.• .i-�.+ 1. +a��a. d. ,. �. F a } i.-t Saar-fifi-++++�, VF + • ' �, I -0 L A a 4 0.$ _ .i 4 0, a [} b �• � t¢ 4 ■ G a a � a a C ■ 4 'C 6'4 64 `4 46`1 A r• � 4 .}�15.1 `a G "r i6.4 Y �•}bay J �i+1 Y �►I' � 1P'4 1. �F 1i a s� L � L � r • r � L 00, F 13 } $ * * ' # 1 � ` 1-4 1ti'IS }� A . E i i i O i 4 iA .0 i4 i4 i 4 i I a y f # a y a a ` -4 + + •4 d i 1.310 ALWAY D IVE Me EDWARDS DESIGNS, LLC T 8I41 Gladys surte 0103 Beaumont, Texas 77706 Phone: (409) 866-6100 pax: (4os) 566-8100 � �G IC)ENC E-mail: snedwardedeeigna200gmail,com u 1 \\\\\\\\\\\\\\ r:zXI6TING, � 1/2 RY � WOOD FRAMIE � fRESIC)ENCE 0 GONG 51�A�3 � i ■ * ` 0 L•,.01,moo►► ..r■+ +� �. r-+�a� .F + .w ti .� +yam. .M ..�.�r yk r•w+ •r •fir y. 4 { 1 # D s + b 4, -- % . d b -- � ► h, � . � do 19 • +4dp 4'r ti * 'S i �i[y A> # tp r �' ■ * L �4 14 • ` 114L 4 it / adFr . M ' y 4r O;Aik J t 4aid �y V V • ; r � t + i • �y �# �, A_ o 1 AI i ; • �•:1 • 1 r % s 14 0000 E 00,01 0 w MO-EPMM* U r r .# . f w # .waffimE M%M as=&" � �a.��.y it m M■ d M swmmmmmm� .. ,fir • W r.+m4 %M A O q ru � - �t!"'17��.�r4�� _ _ �, '��i�i I'�7f■ _ ��.Y1 ��.�tiii � � k'. i . —�li �'/'�+�'�l/TS��ara# CAIZPDL->� TDC A L— 'ile PZ2023-48: To consider a request for a Variance to the required front yard setback to be educed from 25' to 3' for a carport. applicant: Helen Sutton-Tegbe ,acation: 1310 Galway Drive 0 Boa 200 I 1 I I Feet RICH WITH OPPORTUNITY TO: FROM: SUBJECT: DATE: MEMO PLANNING & COMMUNITY DEVELOPMENT Board of Adi ustment Adina Josey, Senior Planner Texas Local Government Code 211.099 consideration of wmecessary hardship in regards to economic loss. March 2, 2023 We recently received a niessage from Mr. Thomas Duesler, Senior Assistant City Attorney, containing the following inforn-cation: Current City Ordinance Section 28.002.005(e)(3)(B), (page 28.16) says the Board of Adjustment cannot consider financial issues in determining if an "unnecessary hardship" exists. Legislature has recently changed this. Tex. Loc. Govt Code 211.009- In exercising its authority tinder Subsection (a)(3), the board may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in uluiecessary hardship: (1) the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01 1 Tax Code; (2) compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; A Post -Session update from the Texas Municipal League states the following: "A BOA is authoi-ized to grant a variance if, alnong o1her things, erg orcing the oi-dinance cis ii)ritten iiozdd resull in "unnecesswy hardship. " 'The terin., "unnecessaq hardshij,7 " is not dqfined in stwe lcn4l so oi)er titre e courts hrige gruj_71)led lilith the sorts of facts that can constitute an ec unnecessaq hcirclship )) cindjuslif)) gi -an I ing a i�ai - ian ce. Until th e Pcisscige qfFI B. 14 75, all -unnecessar), hardshi ii1ould be one thca ii?cls not self-iniposed, personal in nature, related to the P 1wol)ert)�,foi- ii)hich the i)ariance is sought, and not a solelj�financial hardship. The hardshil-) needed to be a condition unique, oppre ssn, and not coinnion to o1her r-oper. This changes the ciboile anctlysis in a coul-Ve iiwj)s. It adds wore objectNe ci-iteila i,i�hich a BOA can considei- to delerinine i-Mether cony)Iiance ii4th a citj�'s zoning or-clinance as al)I)Iied to a sli4uchwe ivould i-es-ult in an unnecessai-y hai-clvhi . Fo - the 1) ' I fii-.Yt tune, piti-elyfinancial conside�l 'al i ons can q ualifi� an Epp licani fim - a vai-iance. A ddil ionall); if th e propose strucl ui -e 11VOUld be considered a nor coqfoi-ming sti'zictui-e, that could be gwimdto giant ci vailance. Those are nvo significant shifts in variance analysis, ivhich alloiv an applicant to gel over' the fc unnecessmy hamiship " hurdle a little mom easily Under the neiv laiv, there might be an unnecessmy hai-clship 1. the cost of compliance ivith the zoning w-iclinance is gt-eatei- than 50 pei-cent of the apIvaised value of the structui-e as shmm on the most recent cep tied appi-aisal i-oll; oi- 2. compliance ivould i-esult M a loss to the lot on ivhIch the sti-itani-e is located of al least 25 percent of the (a -ea on ivh ich de velopm ent. mq)) pk)),v ically occia -; oi - 3. compliance ivould r-esult in the struclure not in compliance ivith a i-equir-emew of anolhei- ciy or-dinance, building code, oi- othej- i-eq1th-ement; or 4. compliance ivould r-esult in the -uni-easonable enci-oachment on an adjacelitproperty or easement; or 5. the ciy considei-s the sti-itaut e to be a none oiffioi-ming so-zict-w-e. Keep in mind that to gioant a vaiciance, the variance must not be contiwiy to the public inlerest, and the spirit of Ih e or i it oi-dinai i ce must be o bsej -ve d. �o eve if a proposed strucurie, fits an "unnecessary hcwdship J) categmy above, granting the variance is not automatic. Thefacts s-w-i-o unding each vailance r-equest still have to be analyzed 43, the BOA, but H. B. 14 75 changes part of the analysis. Cities and theh- BO,4s should look at theii- zoning rules, policies., documentation, and elects-onic or printed mateilals to make scree lhiy am updated to ),qflect this change in state 1mv and be iwidyjbt- new w4gumenisfi-om zoning applicants 117 thefiall. " Staff is currently looking into updating our ordinance to reflect this decisim.