Loading...
HomeMy WebLinkAbout06-01-23 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT June 1, 2023 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on June 1, 2023 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 *arrived at 3:02 p.m. Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Alternate Board Member Christy Amuny Alternate Board Member Chris Jones Also present: Adina Josey, Senior Planner Tom Duesler, Senior Assistant City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Rowe moved to approve the minutes of the May 4, 2023 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:02 p.m. PUBLIC HEARING 1) File PZ2023-182: To consider a request for a Variance to the minimum side yard and rear yard setback requirements for a house. Applicant: Jennifer Smith Location: 2375 Irving Avenue Mrs. Josey presented the staff report. Jennifer Smith of Tegrity Homes, L.L.C., is requesting Variances for the property located at 2375 Irving Avenue. The property is zoned RM-H (Residential Multiple-Family Dwelling Highest Density) and requires a minimum rear setback g BOARD OF ADJUSTMENT June 1, 2023 $ -story structure and exterior side setbac \[R!,0j(!UZ`Q^U\[^!_UPQ!eM^P!_Q`NMOW!\[R!2*0j!R\[^!M!`c\[W!\[R!,+j*!! HTQ!M\\\\XUOMZ`!U_!^Q\]aQ_`UZS!`TM`!^QM^!_Q`NMOW!NQ!^QPaOQP!`\[!.j(!`TQ!UZ`Q^U\[^!_UPQ!_Q`NMOW!NQ!^QPaOQP! `\[!.j!MZP!`TQ!Qd`Q^U\[^!_UPQ!_Q`NMOW!NQ!^QPaOQP!`\[!0j!R\[^!M!ZQc!T\[a_Q* This will be a new home provided through the Texas General Land Office Homeowners Assistance E^\[S^MY!R\[^!PU_M_`Q^!^QO\[bQ^e*!HTQ!MbMUXMNXQ!X\[`!U_!M\\\\^\[dUYM`QXe!0+j!cUPQ!MZP!1-j!PQQ\\(!Na`!`TQ! proposed house will face the side street as does the existing house which it will replace. The applicant states that the lot is extremely small, creating a hardship. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of proper `e!UZ!\]aQ_`U\[Z*!!hIZZQOQ__M^e!TM^P_TU\\i!_TMXX!YQMZ!\\Te_UOMX!TM^P_TU\\! 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 j_!MO`U\[Z_5!MZP 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. Thirty-six (36) 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 request. The applicant was present. Todd Dewalt, Director of Construction at Tegrity Homes, L.L.C., 28310 Hollow Springs Lane, Spring, TX addressed the Board. He stated that they are looking to stay within the original footprint of the home as much as possible, but have given some additional leeway and that they will not go past the property line. Further discussion followed concerning the porch landing. Board Member Hillard moved to approve the request for a Variance to the minimum side yard and rear yard setback requirements for a house as follows: the rear setback on the boundary of the lot oppos U`Q!G`MZ`\[Z!G`^QQ`!U_!^QPaOQP!`\[!.j(!`TQ!UZ`Q^U\[^!_UPQ!_Q`NMOW!\[Z!`TQ!N\[aZPM^e!\[R!`TQ!X\[`!\[\\\\\[_U`Q! ?^bUZS!G`^QQ`(!U_!^QPaOQP!`\[!.j(!MZP!`TQ!Qd`Q^U\[^!_UPQ!_Q`NMOW!\[Z!`TQ!N\[aZPM^e!\[R!`TQ!X\[`!MX\[ZS!?^bUZS! , as requested in File PZ2023-182. Board Member Beaver seconded the G`^QQ`!U_!^QPaOQP!`\[!0j motion. A roll call vote was taken. Chairman Timaeus- Aye, Board Member Beaver- Aye, Board 2 BOARD OF ADJUSTMENT June 1, 2023 $ Member Hilliard- Aye, Board Member Rowe- Aye, Board Member Sorrell- Aye. The motion to approve the request carried 5:0. 2) File PZ2023-200: To consider a request for a Variance to the minimum front yard setback requirements for a carport Applicant: Calvin H. Cooper Location: 5775 Sunbird Lane Mrs. Josey presented the staff report. Calvin H. Cooper is requesting a Variance for the property located at 5775 Sunbird Lane. He would like to construct a carport 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. Cooper, however, has an existing garage. The property is zoned RS (Residential Single- <MYUXe!9cQXXUZS&!MZP!`TQ^QR\[^Q!^Q\]aU^Q_!M!-0j!NaUXPUZS!_Q`NMOW!R^\[Y!`TQ!R^\[Z`!\\^\[\\Q^`e!XUZQ*!HTQ! M\\\\XUOMZ`!^Q\]aQ_`_!`TQ!^Q\]aU^QP!_Q`NMOW!`\[!NQ!^QPaOQP!R^\[Y!-0j!`\[!,j!`\[!MXX\[c!`TQ!OM^\\\[^`* 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 shall mean physical hardship \\UQOQ!\[R!\\^\[\\Q^`e!UZ!\]aQ_`U\[Z*!!hIZZQOQ__M^e!TM^P_TU\\i! 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 \[^!\[cZQ^j_!MO`U\[Z_5!MZP 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, site plan and neighboring property were shown. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and or in opposition. The applicant was present. Calvin H. Cooper, 5775 Sunbird Lane, Beaumont, Texas addressed the Board. He stated that he wanted to add a carport for convenience and requested approval. Discussion followed concerning the specifics of the request. Board Member Beaver moved to approve the request for a Variance to the minimum front yard setback requirements for a carport, as requested in File PZ2023-200. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus- Nay, Board Member Beaver- Aye, Board Member Hilliard- Aye, Board Member Rowe- Nay, Board Member Sorrell- Aye. The 3 BOARD OF ADJUSTMENT June 1, 2023 $ motion to approve the request failed 3:2. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:26 P.M. 4