HomeMy WebLinkAbout02-02-23 BA Minutes
* M I N U T E S *
BOARD OF ADJUSTMENT
February 2, 2023
City Hall, 801 Main Street
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 present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Joey Hilliard
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
Sharae Reed, City Attorney
Susan Smith, Recording Secretary
APPROVAL OF MINUTES
Board Member Hilliard moved to approve the minutes for January 5, 2023. 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 3:01 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. Josey 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
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. LaRousse, however, has an existing garage. The property is zoned
BOARD OF ADJUSTMENT
February 2, 2023
RS (Residential Single-Family 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 from 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) 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-six (26) notices were mailed to property owners within two hundred (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 three vehicles parked at the residence. The
property was purchased one year ago and has been remodeled. Mr. LaRousse further explained the
proposed location of the carport and presented a photograph of a similarly constructed open-concept
carport. He also stated that the small existing garage cannot 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 Member Beaver-Aye, Board Member Hilliard-Aye, Board Member
Rowe-Aye, Board Member Sorrell-Aye. The motion to approve passed 5:0.
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BOARD OF ADJUSTMENT
February 2, 2023
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:17 p.m.
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