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HomeMy WebLinkAbout11-02-23 BOA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT November 2, 2023 Council Chambers, City Hall, 801 Main Street, Beaumont, Texas A meeting of the Board of Adjustment was held on November 2, 2023 and called to order at 3:00 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. Alternate Board Member Chris Jones Board Members absent: Alternate Board Member Steve Lucas Also present: Elayna Luckey, Planner I Susan Smith, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes of the September 7, 2023 meeting. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:03 p.m. PUBLIC HEARING 1) File PZ2023-417: To consider a request for a Variance to the minimum side and rear yard setback requirements Applicant: Hector Torres Location: 1507 Fannin Street Mrs. Luckey presented the staff report. Hector Torres is requesting a Variance to the side yard and rear yard setback for a main structure at 1507 Fannin Street. The property is zoned as RCR BOARD OF ADJUSTMENT November 2, 2023 $ (Res WRS\\bWOZ!9\]\\aS`dObW\]\\!GSdWbOZWhObW\]\\'!eVWQV!`S_cW`Sa!O!\[W\\W\[c\[!aWRS!gO`R!aSbPOQY!\]T!0l!O\\R! O!\[W\\W\[c\[!`SO`!gO`R!aSbPOQY!\]T!-0l!T\]`!O!\[OW\\!ab`cQbc`S*!!!IVS!O^^ZWQO\\b!`S_cSaba!bVS!SfbS`W\]`!aWRS! gO`R!aSbPOQY!b\]!PS!`SRcQSR!T`\]\[!,0l!b\]!.l(!bVS!W\\bS`W\]`!aWRS!gO`RaSbPOQY!b\]!PS!`SRcQSR!T`\]\[!0l!b\]! -*0l!O\\R!bVS!`SO`!gO`R!aSbPOQY!b\]!PS!`SRcQSR!T`\]\[!-0l!b\]!/*0l*!!E`WUW\\OZZg(!bVWa!^`\]^S`bg!`SQSWdSR!O\\! approved driveway permit. However, staff performed a field inspection and realized the accessory structure was being converted into a second dwelling without permits. It should be noted, two (2) dwelling units on one property is permitted outright in this zoning district given the structure meets minimum setback requirements or receives a successful Variance for the project to move forward. 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. iJ\\\\SQSaaO`g!VO\\RWQO^j!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself. The following may also be considered when determining ic\\\\SQSaaO`g!VO\\RWQO^j5 (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must not resul b!T`\]\[!bVS!O^^ZWQO\\bla!\]`!^`\]^S`bg!\]e\\S`la!\]e\\!OQbW\]\\a6! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. 2 BOARD OF ADJUSTMENT November 2, 2023 $ Twenty-two (22) notices were mailed to property owners within two hundred (200) feet of the subject property. Five (5) responses were received in favor and zero (0) in opposition. One property owner in favor of the request stated that it will make the neighborhood look better. Slides of the subject property and site plan were shown. Brief discussion followed concerning specifics of the request and no permits being obtained for construction of the secondary dwelling. Lenora Lopez, 230 Ducote Street, Beaumont, Texas addressed the Board. She stated concerns of encroachment onto her family-owned neighboring property. Chairman Timaeus explained the process and purpose of the City notifying neighboring property owners of Variance requests. The applicant was present. Hector Torres, 1507 Fannin Street, Beaumont, Texas addressed the Board with his wife, Yanira Torres, serving as Translator. Mrs. Torres stated that the structure and driveway were constructed for their son by Mr. Torres and family members. She also stated that permits were acquired for construction of the driveway, however, none were acquired for construction of the secondary dwelling when it was built two year ago. She further referenced a struggle in obtaining the permit for the driveway. Further discussion followed concerning the property being subdivided in the future and enclosure of the carport. Board Member Rowe moved to approve the request for a Variance to reduce the minimum exterior front yard setback requirements from ,0l!b\]!.l6!b\]!bVS!\[W\\W\[c\[!W\\bS`W\]`!aWRS!gO`R!aSbPOQY! " d, to the minimum rear yard setback requirements to `S_cW`S\[S\\b!b\]!PS!`SRcQSR!T`\]\[!0l!b\]!-l0l6!O\\ for property located at 1507 Fannin Street, as requested in File PS!`SRcQSR!T`\]\[!-0l!b\]!/l0l PZ2023-417. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Nay, Board Member Beaver-Nay, Board Member Hilliard-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye. The motion to approve the request failed 3:2 as a vote of at least 4 out of 5 is necessary for a Variance. 2) File PZ2023-427: To consider a request for a Variance to the Urban Corridor Sign requirements for a pole sign Applicant: Alain Hillario for Z&N Investments, LLC Location: 1495 Gulf Street Mrs. Luckey presented the staff report. Alain Hilaro is requesting a Variance on behalf of the -face pole sign at 1495 Gulf Street. ^`\]^S`bg!\]e\\S`(!N%D!@\\dSab\[S\\ba(!BB9(!b\]!OZZ\]e!O!.+l!\[cZbW This property is located within the Urban Corridor Overlay District, which has more restrictive 3 BOARD OF ADJUSTMENT November 2, 2023 $ sign regulations for properties within the district than other properties within the City. Section 28.03.020(4)(C) states: One (1) detached on-premises sign, and one (1) additional detached sign for each thoroughfare Z more than one (1) that abuts the property, shall be permitted per establishment, located in the NSC, GC-MD, CM, LI and HI Districts subject to the following conditions and restrictions: (i) The sign shall not be greater than twenty (20) feet in height. The maximum height being measured from the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the line. RHFM\\R!MD@QDRS!UDQSHB@K!RTOONQS!SN!SGD!OQNODQSX (ii) The sign shall not exceed sixty (60) square feet in area. (iii) All parts of the sign shall be set back at least ten (10) feet from any property line or street right-of-way. Where a structure existing at the effective date of this section precludes locating a sign in compliance with the setback regulations, the board of adjustment shall be authorized to grant a variance to the setback requirement. (iv) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (v) The sign not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached on-premises sign. b. The sign face may change no more than once every forty-five (45) seconds. c. Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached on-premises sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no FQD@SDQ!SG@M!*),!ENNSB@MCKDR)\[ ight and features two 50 sq.ft. detached 7ZOW\\!?WZO`\]la!^`\]^\]aSR!aWU\\!\[SOac`Sa!Ob!.+l!W\\!\]dS`OZZ!VS on-premises signs plus a 100 sq.ft gasoline pricing sign resulting in a total of 200 sq.ft in sign area. These measurements exceed the maximum overall sign height and square footage in sign area for a property located within the Urban Corridor Overlay District. 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; 4 BOARD OF ADJUSTMENT November 2, 2023 $ 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\]\\*!!iJ\\\\SQSaaO`g!VO\\RWQO^j!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself. The following may also be considered when determining ic\\\\SQSaaO`g!VO\\RWQO^j5 (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must not result from bVS!O^^ZWQO\\bla!\]`!^`\]^S`bg!\]e\\S`la!\]e\\!OQbW\]\\a6! C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Seven (7) notices were mailed to property owners within two hundred (200) feet of the subject property. Three (3) responses were received in favor and zero in opposition. Slides of the subject property and site plan were shown. Brief discussion followed concerning the location of the proposed sign and signage area of the current sign. th The applicant was present. Alain Hilario, 4500 W 34 Street, Suite B, Houston, Texas addressed the Board. He stated he represents the property owner. Mr. Hilario noted the preferred location of the proposed sign in order that it will be visible from the highway. He also expressed concern relating to the small surface area of the proposed sign and stated that a previously damaged sign has been removed from the property. 5 BOARD OF ADJUSTMENT November 2, 2023 $ Further discussion followed concerning the boundaries of the Urban Corridor Sign District and removal of the current sign. Mrs. Luckey explained the ordinance specifications in relation to surface area and height of signage. Board Member Hilliard moved to approve the request for a Variance to the Urban Corridor Sign -face pole sign for property located at 1495 `S_cW`S\[S\\ba!T\]`!S`SQbW\]\\!\]T!O!bVW`bg!T\]\]b!&.+l'!\[cZbW Gulf Street, as requested in File PZ2023-427, with additional approval of /++!TSSb!&/++l'!\]T!ac`TOQS! area positioned on the property as drawn in the request for Variance. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye. The motion to approve the request carried 5:0. 3) File PZ2023-428: To consider a request for a Variance to the minimum rear yard setback requirements Applicant: Douglas Winfrey Custom Homes for Robert M. Core Location: 9275 Chicory Street Mrs. Luckey presented the staff report. Douglas Winfrey Custom Homes on behalf of Robert Core, is requesting a Variance to the rear yard setback for the property located at 9275 Chicory Street. The property is zoned R-S (Residential Single-Family Dwelling), which requires a minimum rear yard the rear aSbPOQY!-0l*!IVS!O^^ZWQO\\b!Wa!`S_cSabW\\U!aSbPOQY!PS!`SRcQSR!T`\]\[!-0l!b\]!2l!b\]! OQQ\]\[\[\]RObS!O\\!SfbS\\aW\]\\!\]T!bVS!V\]\[S!\]e\\S`la!UO`OUS*! 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\]\\*!!iJ\\\\SQSaaO`g!VO\\RWQO^j!aVOZZ!\[SO\\!^VgaWQOZ!VO`RaVW^! relating to the property itself. The following may also be considered when determining ic\\\\SQSaaO`g!VO\\RWQO^j5 (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll; (ii) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; 6 BOARD OF ADJUSTMENT November 2, 2023 $ (iii) Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must \\\]b!`SacZb!T`\]\[!bVS!O^^ZWQO\\bla!\]`!^`\]^S`bg!\]e\\S`la!\]e\\!OQbW\]\\a6! 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-two (22) 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. A representative of the applicant was present. James Little, of Beaumont Design and Drafting, 8935 Laura Lane, Beaumont, Texas addressed the Board. He stated that the original plat indicated O!TWdS!T\]\]b!&0l'!aSbPOQY!O\\R!bVS!SfWabW\\U!UO`OUS!Wa!Z\]QObSR!beS\\bg!TSSb!&-+l'!T`\]\[!bVS!^`\]^S`bg!ZW\\S*! Mr. Little further stated that the applicant is requesting that the minimum rear yard setback requirements be reduced to allow an extension to the garage. He also stated that the garage from the property line. SfbS\\aW\]\\!e\]cZR!PS!Z\]QObSR!2l.j! Further discussion followed concerning subdivision restrictions relating to rear setback requirements and distance from the property line of the proposed garage extension. Board Member Beaver moved to approve the request for a Variance to reduce the minimum rear gO`R!aSbPOQY!`S_cW`S\[S\\ba!T`\]\[!-0l!b\]!2!k!b\]!OQQ\]\[\[\]RObS!O\\!SfbS\\aW\]\\!\]T!bVS!V\]\[S!\]e\\S`la! garage for property located at 9275 Chicory Street, as requested in File PZ2023-428, with the additional approval to reduce the minimum `SO`!gO`R!aSbPOQY!`S_cW`S\[S\\ba!T`\]\[!-0l!b\]!2*0l* 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, Board Member Sorrell-Aye. The motion to approve the request carried 5:0. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 3:50 P.M. 7