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HomeMy WebLinkAbout09-07-23 BA Minsutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT September 7, 2023 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on September 7, 2023 and called to order at 3:05 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Board Member Tom Rowe Alternate Board Member Chris Jones Alternate Board Member Steve Lucas Board Members absent: Board Member Rogers Sorrell Jr. Also present: Elayna Luckey, Planner I Sharae Reed, City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Alternate Board Member Jones moved to approve the minutes of the August 3, 2023 meeting. 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 3:07 p.m. PUBLIC HEARING 1) File PZ2023-344: To consider a request for a Variance to the minimum front yard setback requirements Applicant: Donald Wise Location: 38555 Jerry Drive BOARD OF ADJUSTMENT September 7, 2023 $ Mrs. Luckey presented the staff report. Donald Wise of Wise Investment Real Estate, LLC, is requesting a variance for the property located at 3855 Jerry Drive. The property is zoned R-S (Residential Single-Family Dwelling) requiring a minimum front yard building setback of twenty- five (25) feet. The applicant is requesting the front setback be reduced to twenty (20) feet. Due to the unique dimensions of the lot, the proposed structure is situated at an angle leaving one side of cWT!_a^_^bTS!W^\\T!.,l!Ua^\\!cWT!Ua^\]c!_a^_Tach!\[X\]T(!P\]S!cWT!^cWTa!bXST!/3l5k*!! 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 _XTRT!^U!_a^_Tach!X\]!`dTbcX^\]*!!jL\]\]TRTbbPah!WP\]SXRP_k!bWP\[\[!\\TP\]!_WhbXRP\[!WPaSbWX_! relating to the property itself. The following may also be considered when determining jd\]\]TRTbbPah!WP\]SXRP_k6 (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must \]^c!aTbd\[c!Ua^\\!cWT!P__\[XRP\]clb!^a!_a^_Tach!^f\]Talb!^f\]!PRcX^\]b7! 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. Brief discussion followed concerning specifics of the request. 2 BOARD OF ADJUSTMENT September 7, 2023 $ Twenty-three (23) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor or in opposition. Mrs. Luckey stated that a couple of phone calls were received resulting with no objection to the request. The applicant was present. Donald Wise of Wise Investment Real Estate, LLC, 2261 North Street, Beaumont, Texas addressed the Board. He stated that the variance is being requested due to the slanted nature of the lot which limits the manner in which the structure can be constructed and was not originally aware that the setback would pose a significant problem. Mr. Wise further stated that the decision was made to place the home facing Jerry Drive to coincide with the two existing homes on the street and to present curb appeal in order to enhance the neighborhood. Further discussion followed concerning shape of the lot and that the request would result in no encroachments on utilities. Board Member Hilliard moved to approve the request for a Variance to reduce the minimum front yard setback requirements from 220for construction of a new home on property located at 1l!c^!l! 3855 Jerry Drive, as requested in File PZ2023-344. Board Member Beaver seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-Aye, Board Member Rowe-Aye, Alternate Board Member Jones-Aye. The motion to approve the request carried 5:0. 2) File PZ2023-352: To consider a request for a Variance to the Major, Dowlen, Gladys, Highway 105 Sign Overlay District regulations for a sign Applicant: Matt Drew Location: 5765 N. Major Drive Mrs. Luckey presented the staff report. Matthew Drew of County Sign and Awning, LLC., requests approval of a Variance to allow a thirty-one (31) foot pole sign for a bank at 5765 N. Major Drive, which is located within the Major, Dowlen, Gladys, Highway 105 Sign Overlay District. This overlay district is more restrictive to the size, type and location of signage allowed within it when compared to other parts of the City. Areas within it are recognized as major growth areas and is therefore intended to provide identity of facilities along the streets and prevent needless clutter within the area through uniform signage. Furthermore, it serves to preserve and improve the physical environment of the city and promote safety, welfare, convenience and enjoyment of travel and the free flow of traffic along streets within the area. Single-tenant business establishments: (i) Developments JTRcX^\]!.4*,/*,.-!&1'!&8'!bcPcTb!cWPc!j with less than eighty thousand (80,000) square feet in gross building area shall be permitted one (1) detached monument sign per street frontage that abuts the property. Developments with eighty thousand (80,000) square feet of gross building area or greater or developments with six hundred (600) feet or more of street frontage shall be permitted two (2) detached signs per street frontage 3 BOARD OF ADJUSTMENT September 7, 2023 $ that abuts the property. (ii) These signs shall be permitted subject to the following conditions and restrictions: a. The sign shall not be greater than six (6) feet in height, the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed seventy (70) square feet in area with the sign facing not to exceed sixty (60) square feet. c. All parts of the sign may be located at the street right-of-way and shall be located a minimum of ten (10) feet from any other property line. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic signs shall not be permitted, except as an attachment to or a part of a detached on-premises sign. 2. The sign face may change no more than once every forty-five (45) seconds. 3. The sign face shall not include any flashing, flowing, alternating or blinking lights or animation. 4. Electronic signs that are part of a detached on-premises sign shall be allowed to have multiple colors. 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. The sign shall meet the wind load requirements of the building code. f. The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet *k 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 _XTRT!^U!_a^_Tach!X\]!`dTbcX^\]*!!jL\]\]TRTbbPah!WP\]SXRP_k!bWP\[\[!\\TP\]!_WhbXRP\[!WPaSbWX_! relating to the property itself. The following may also be considered when determining jd\]\]TRTbbPah!WP\]SXRP_k6 (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; 4 BOARD OF ADJUSTMENT September 7, 2023 $ (ii) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must \]^c!aTbd\[c!Ua^\\!cWT!P__\[XRP\]clb!^a!_a^_Tach!^f\]Talb!^f\]!PRcX^\]b7! 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. Eight (8) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor or in opposition. Mrs. Luckey quoted the sign ordinance relating to the request. Brief discussion followed concerning boundaries of the Sign Overlay District and Mrs. Luckey stated that the Sign Overlay District ordinance was originally adopted in 2000. The applicant was present. Matthew Drew of County Sign & Awning, LLC, 430 West Deer Street, Kountze, Texas addressed the Board. He stated that the sign is being requested by Neches Federal Credit Union. Mr. Drew also stated that the pole sign is the same signage erected at their recently constructed branch locations and the Credit Union wishes to maintain its current architectural style. He further stated that the Credit Union is willing to relinquish the proposed monumental signs in favor of the proposed pole signage. Mr. Drew named other businesses in the general area with the same style of pole signage and he further stated that most other credit unions in the area utilize monument signage. Mr. Drew also stated that Neches Federal Credit Union wishes to use the pole- type signage in order to ensure that its customers remain familiar with their structural appearance. Mrs. Luckey explained that, according to the ordinance, sign regulations for gasoline retailers on- premises/pricing board signs differ from sign regulations for single-tenant business establishments. Further discussion followed concerning location of the requested sign on the property. 5 BOARD OF ADJUSTMENT September 7, 2023 $ Board Member Rowe moved to deny the request for a Variance to the Major, Dowlen, Gladys, Highway 105 Sign Overlay District regulations for erection of a thirty-gn for ^\]T!U^^c!&/-l'!bX property located at 5765 N. Major Drive, as requested in File PZ2023-352. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-Aye, Board Member Rowe-Aye, Alternate Board Member Jones-Aye. The motion to deny the request carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:27 P.M. 6