The URL can be used to link to this page

Home My WebLink About08-03-23 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT August 3, 2023 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on August 3, 2023 and called to order at 3:01 p.m. with the following members present: Chairman Dana Timaeus Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Chris Jones Board Members absent: Board Member Jeff Beaver Board Member Joey Hilliard Alternate Board Member Christy Amuny Also present: Elayna Luckey, Planner I Tom Duesler, Senior Assistant City Attorney Mayor Roy West Susan Smith, Recording Secretary APPROVAL OF MINUTES Alternate Board Member Jones moved to approve the minutes of the July 6, 2023 meeting. Board Member Rowe seconded the motion. The motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES Chairman Timaeus explained the voting process when a quorum of four (4) members are present. All witnesses were sworn in at 3:04 p.m. PUBLIC HEARING 1) File PZ2023-293: To consider a request for a Variance to the minimum side yard and rear yard requirements Applicant: Daniel Gutierrez Location: 1308 Liberty Avenue BOARD OF ADJUSTMENT August 3, 2023 $ Mrs. Luckey presented the staff report. Daniel Gutierrez, property and business owner is requesting variances for the property located at 1308 Liberty Avenue. The property is zoned GC- MD (General Commercial - Multiple-Family Dwelling) `S_cW`W\\U!O!\[W\\W\[c\[!`SO`!aSbPOQY!\]T!-,k! and interior side yard setb OQY!\]T!1k*!!JVS!O^^ZWQO\\b!Wa!`S_cSabW\\U!bVOb!bVS!`SO`!aSbPOQY!PS!`SRcQSR! b\]!0k(!O\\R!bVS!W\\bS`W\]`!aWRS!aSbPOQY!PS!`SRcQSR!b\]!0k!T\]`!O!\\Se!^ObW\]!Q\]dS`!b\]!PS!caSR!b\]!^`\]dWRS! shade for employees. 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 ^WSQS!\]T!^`\]^S`bg!W\\!_cSabW\]\\*!!iK\\\\SQSaaO`g!VO`RaVW^j!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant , \]`!\]e\\S`ka!OQbW\]\\a7!O\\R 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-three (23) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. The applicant was present. Daniel Gutierrez, 1308 Liberty Avenue, Beaumont, Texas addressed the Board. He stated that the area will be utilized as a rest area for is employees, not a work area. Mr. Gutierrez further stated that the remaining property consists of a parking lot. Board Member Rowe moved to approve the request for a Variance to reduce the minimum side yard setback requirements reduce the minimum rear yard setback requirements T`\]\[!1k!b\]!0k!O\\R! to allow the erection of a patio cover, being posts and roof only and not enclosed, T`\]\[!-,k!b\]!0k! on property located at 1308 Liberty Avenue, as requested in File PZ2023-293. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve the request carried 4:0. 2) File PZ2023-297: To consider a request for a Variance to the minimum front yard and rear yard setback requirements Applicant: Jeff Goff 2 BOARD OF ADJUSTMENT August 3, 2023 $ Location: 3265 Ledet Road Mrs. Luckey presented the staff report. Jeff Goff of Excello Homes, is requesting variances for the property located at 3265 Ledet Road. The property is zoned RS (Residential Single Family) requiring a minimum front setb OQY!\]T!.1k!O\\R!`SO`!gO`R!aSbPOQY!\]T!-1k*!!JVS!O^^ZWQO\\b!Wa!`S_cSabW\\U! bVOb!bVS!T`\]\\b!aSbPOQY!PS!`SRcQSR!b\]!.,k(!O\\R!bVS!`SO`!gO`R!aSbPOQY!PS!`SRcQSR!b\]!-,k!T\]`!O!\\Se! construction home due to the exceptional narrowness of the lot. 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 ship ^WSQS!\]T!^`\]^S`bg!W\\!_cSabW\]\\*!!iK\\\\SQSaaO`g!VO`RaVW^j!aVOZZ!\[SO\\!^VgaWQOZ!VO`R relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant , \]`!\]e\\S`ka!OQbW\]\\a7!O\\R 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-eight (28) 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. Brief discussion followed concerning the specifics of the request. The applicant was present. Jeff Goff of Byrdson Services d/b/a Excello Homes, 890 Edson Drive, Beaumont, Texas addressed the Board. He stated Excello Homes is a builder in the Texas General Land Office Hurricane Harvey Rebuild Program and he is representing property owner Geneva Huff. Mr. Goff further stated that Ms. Huff qualifies for a new home through the Program, however, due to the exceptional narrowness of the property there is not a home available to build in the allowable area with the current setback requirements. Leonard Carmouche, 3275 Ledet Road, Beaumont, Texas addressed the Board. He stated that he is in agreement with the request. Alternate Board Member Jones moved to approve the request for a Variance to reduce the minimum front yard setback requirements reduce the minimum rear yard T`\]\[!.1k!b\]!.,k!O\\R! for construction of a new home located at 3265 Ledet Road, aSbPOQY!`S_cW`S\[S\\ba!T`\]\[!-1k!b\]!-,k as requested in File PZ2023-297. 3 BOARD OF ADJUSTMENT August 3, 2023 $ Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve the request carried 4:0. 3) File PZ2023-310: To consider a request for a Variance to the minimum rear yard setback requirements Applicant: Cindy Schooling Location: 4095 West Lynwood Drive Mrs. Luckey presented the staff report. Cindy Schooling of DSW Homes is requesting a variance for the property located at 4095 West Lynwood Drive. The property is zoned RS (Residential Single Family) `S_cW`W\\U!O!\[W\\W\[c\[!`SO`!gO`R!aSbPOQY!\]T!-1k*!!JVS!^`\]^S`bg!\]e\\S`!VOa!_cOZWTWSR! for a new home through the Texas General Land Office and the homes available will not fit within bVS!`S_cW`SR!aSbPOQYa!RcS!b\]!O!^ZObbSR!/,k!T`\]\\b!aSbPOQY!`S_cW`S\[S\\b*!JVS!O^^ZWQO\\b!Wa!`S_cSabW\\U! home. bVOb!bVS!`SO`!gO`R!aSbPOQY!PS!`SRcQSR!b\]!3k!b\]!OZZ\]e!T\]`!bVS!Q\]\\ab`cQbW\]\\!\]T!O!\\Se 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 ^WSQS!\]T!^`\]^S`bg!W\\!_cSabW\]\\*!!iK\\\\SQSaaO`gVO`RaVW^j!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant , \]`!\]e\\S`ka!OQbW\]\\a7!O\\R 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-five (25) 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. A representative of the applicant was present. Nicholas Van Dorn of DSW Homes, 11075-A, Eastex Freeway, Beaumont, Texas addressed the Board. He stated that DSW Homes is a builder in the Texas General Land Office Hurricane Harvey Rebuild Program and he is representing property owner Tammie Harris. Mr. Van Dorn further stated that Ms. Harris qualifies for a new home through the Program, however, due to the exceptional narrowness of the property there is not a home available to build in the allowable area with the current setback requirements. Mr. Van Dorn also stated that Ms. Harris serves as caregiver to her grandchildren and they are living with relatives while awaiting a new home. He further stated that Ms. Harris is part of the 4 BOARD OF ADJUSTMENT August 3, 2023 $ Resilient Homes Program (RHP) and as such the home will be steel framed and elevated three feet &/k'!\]\\!e\]\]R!^WZW\\Ua!eWbV!O!b`SObSR!TZ\]\]`!agabS\[*!Ab!eWZZ!OZa\]!PS!Q\]\\ab`cQbSR!\]T!abcQQ\]!O\\R!\[SbOZ! studs. Commission encouraged a thorough search for deed restrictions as Board of Adjustment can only grant variances to the City's ordinances, not the deed restrictions. Board Member Sorrell moved to approve the request for a Variance to reduce the minimum rear yard setback requirements for construction of a new home located at 4095 West T`\]\[!-1k!b\]!3k! Lynwood Drive, as requested in File PZ2023-310. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Timaeus- Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve the request carried 4:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:25 P.M. 5