PORT NECHES — A change of guard has occurred in the makeup of Port Neches Zoning Board of Adjustment where a majority of its membership was recently replaced with new faces.

The terms of regular members Corey Belanger and Gary Stretcher and alternate members Chris Swanson and Trent Cobb expired Jan. 1. In addition, alternate member Charles Bales resigned last month while Boyd Parks’ resignation was tendered around the time the board learned they were being sued by their own city council late last year.

On Jan. 28, with not enough regular members for a quorum, Public Works Director Taylor Shelton called the ZBA meeting to order and a new chairman — former councilmember Matt Vincent, was appointed. From there, new member B.C. Clemmons was appointed vice-chairman and will fill the unexpired term of Parks, which expires Jan. 1, 2017 and Lee West was appointed to serve as a regular member.

Regular member Sam Loyacano, whose term is not up, will continue to serve. Donald Ware and James Ware will continue to serve as alternates in addition to newly appointed alternates Gary Boudoin and Steve Visser.

The changeup was a shock to Stretcher who was first appointed as an alternate in 2000 then appointed as a regular member in 2002.

“They (council) didn’t ask if we wanted to continue to serve,” Stretcher said, adding the ousted members did not know they were being replaced.

Stretcher said he was first appointed when the board was formed, back when Frances Monk was mayor. He was told the purpose of the board was to be a buffer of sorts to keep politics out of decisions made.

Port Neches Mayor Glenn Johnson said in a phone call there was no specific reason for the change in membership of the board and speculated council wanted to put some fresh faces on the board.

“We appreciate their service to the city and thank them for their service,” Johnson said regarding the past members.

The ZBA has the authority to decide special exceptions to the terms of a zoning ordinance and authorize a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and would not cause an unnecessary hardship, according to Texas local government code

It is not uncommon for the ZBA to make these types of decisions. Last year the board approved variances to a number of property owners with irregular shaped lots to accommodate for new construction of homes.

The zoning board learned the mayor and city council filed a writ of certiorari on Nov. 19 regarding the zoning board’s approval of three variances related to the construction of a proposed luxury apartment complex.

The legal document states “the board were illegal in that each variance exceeds the limits placed on the construction of multifamily housing units” by city code.

Jeff Ahktar of Amron Housing Group, proposed the construction of an apartment complex to be located at 3031 Eighth St. The apartments will be a mix of two and three story building with 140 units with an investment of $8 million.

The Zoning Board of Adjustment of the City of Port Neches met on Nov. 9 and approved variances to go above the two-story height requirement, to place more than 12 attached dwellings units under one roof and go beyond the acreage density.

 

The proposed apartments will be a gated complex featuring a laundry, pool, workout room, event center, access gate and brick columns.

The decision to allow the three variances wasn’t made in one fail swoop.

The ZBA tapped then fire chief Steve Curran for information regarding the height restriction as related to fire fighting capabilities. Curren submitted a letter of approval saying the department would be able to tackle a fire in such a structure, adding he felt the project should move forward.

The land where the complex is proposed is zoned for multi-family or apartments.

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