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HomeMy WebLinkAboutMinutes Board Of Adjustment - 03/24/2010 MINUTES ZONING BOARD OF ADJUSTMENT MEETING RECEIVED City Hall, 1201 Leopard,Corpus Christi,Texas 1"floor,City Hall Council Chamber Wednesday,March 24,2010 1:30 P.M. APR 3 0 2010 CITY SECRETARY'S OFFICE BOARD MEMBERS: STAFF: Taylor Mauck,Chairman Andrew K. Dimas,City Planner Dan Winship,Vice Chairman Elizabeth Hundley, Legal Counsel William Tinney *Left 2:25 Jay Reining, Legal Counseling *Arrived 2:24 Ben Molina Elena Juarez Buentello,Recording Secretary R. Bryan Johnson Thomas E. McDonald(Alternate) Morgan Spear(Alternate) Si usted quiere dirigirse al consejo de ajustamiento y su ingles es limitado,habra un interprete en la junta para ayudarle. I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Mauck at 1:32 p.m. II. APPROVAL OF MINUTES Motion to approve the minutes from the January 20, 2010, hearing was made by Board Member Spear and seconded by Board Member McDonald. Motion passed unanimously. III. APPEALS 1. New Appeal(s) a. Appeal No.ZBA 0310-01 Fesco, Ltd.: Request for a Special Use Exception to install and operate a storage bunker for radioactive materials. The subject property is located at 4725 Westway Drive, Navigation Industrial Park 2 Subdivision, Block 5, Lots 5 thru 8, located between Cantwell and Omaha Drives, south of Baldwin Boulevard. Wes Vardeman, Development Services, presented the above appeal via PowerPoint. The applicant is requesting a Special Use Exception to install and operate a storage bunker for radioactive materials. The subject property is located at 4725 Westway Drive,Navigation Industrial Park 2 Subdivision, Block 5, Lots 5 thru 8,located between Cantwell and Omaha Drives, south of Baldwin Boulevard. Staff Analysis: The request for the Special Use Exception (SUE) is to install and operate a storage bunker for radioactive materials. The radioactive isotopes are used as a neutron source for well logging. The source is a means of generating viable readings for determining the various characteristics of the well in operation. The bunker will 32"x 32"and hold a series of 4" PVC pipes. The PVC pipes will be 72"in length. Further details are located in attachment 6. Installation will be regulated by the Texas Department of State Health Services, Radiation Safety Licensing Branch through a Radioactive Material License. Public hearing was opened. Mary Redman, 4730 Westway, came forward and questioned how the material was regulated once taken out of the ground. In response to Ms. Redman, the representative for the appellant and District Manager for Fesco, Ltd, Joel Morris stated Gary Floyd will be the Radiation Officer and was available to answer any questions. Mr. Morris stated the State and Federal Governments regulate the handling of and logistics involved with transfer of radioactive material,including unannounced inspections. In response to Board Member Molina, Mr. Morris analogized the exposure to going to bed with the radioactive material every night and still having minimum radiation. In response to Board Member Johnson,Mr. Floyd stated beryllium is hazard in and of itself. In response to Board Member Tinney, Mr. Floyd stated the Texas Department of State Health Services,has an Independent Licensing Program Coordinator who will inspect the site. In response to Board Member Tinney, Wes Vardeman stated the building permit will be reviewed for proper specifications once the permit application is submitted and inspection will take place once the bunker is built. In response to Board Member Tinney, Mr. Floyd stated the transportation of the material falls under state and federal regulations. In response to Board Member Molina, Mr. Floyd stated the maximum number of sources in each container would be four. Board Member Winship urged the applicant to consider the use of reinforced concrete. Public hearing was closed. Jay Reining, Legal Department, arrived and stated in his legal opinion the application was taken in error and use being requested by the appellant is a permitted use as a matter of right. Motion to return the applicant's fees paid and withdraw the case was made by Vice-Chair Winship and seconded by Board Member Johnson. Motion passed unanimously. b. Appeal No.ZBA 0310-02 Most Reverend Bishop Edmond Carmody, D.D.: Request for a Special Use Exception to reduce the off-street parking requirement from (30) parking spaces to (0) parking spaces and a request for a Special Yard Exception to reduce the side yard setback from(10) feet to(3.5)feet. The subject property is located 513 Sam Rankin,Jones Subdivision, Block 1, Lots 12, 13, 14, and Adjacent alley, located between Leopard and Lipan Streets. Mr. Vardeman presented the above appeal via PowerPoint. The applicant is the Most Reverend Bishop Edmond Carmody, D.D. and is requesting a Special Use Exception to reduce the off-street parking requirement from thirty (30) parking spaces to zero (0) and a request for a Special Yard Exception to reduce the side yard setback from ten (10) feet to three and half(3.5) feet. The subject property is located 513 Sam Rankin, Jones Subdivision, Block 1, Lots 12, 13, 14, and the adjacent alley, located between Leopard and Lipan Streets. Staff Analysis: The request for the Special Use Exception (SUE) is to reduce the off-street parking requirement from (30) parking spaces to (0) parking spaces and a request for a Special Yard Exception (SYE) to reduce the side yard setback from (10) feet to (3.5) feet. According to the appellant, the purpose of the new building is to serve as a multi-purpose activity and therapeutic center for the homeless. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve Special Use Exception and Special Yard Exception was made by Board Member Johnson and seconded by Board Member McDonald. Motion passed unanimously. c. Appeal No. ZBA 0310-03 Marwell Properties: Request for a Special Use Exception for the installation and operation of an above ground fuel storage tank. The subject property is located at 7410 Leopard Street, Allen & Cameron Industrial Park 5 Subdivision, Lots 6D & 6E, near the intersection of Leopard Street and Southern Minerals Road. Mr. Vardeman presented the above appeal via PowerPoint. The applicant is Marwell Properties and they are requesting a Special Use Exception for the installation and operation of an above ground fuel storage tank. The subject property is located at 7410 Leopard Street, Allen & Cameron Industrial Park 5 Subdivision, Lots 6D and 6E,near the intersection of Leopard Street and Southern Minerals Road. Staff Analysis: The request is for a Special Use Exception (SUE) for the installation and operation of an above ground fuel storage tank. Zoning Case No. 0110-04 approved by City Council on February 23, 2010, granted a Special Permit for the above ground fuel tank pending approval by the Zoning Board of Adjustment (ZBA). The pad for the tank is approximately 1,000 square feet and is located in the rear of the property. The tank will be inspected and regulated by the Fire Department. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve the Special Use Exception was made by Board Member Molina and seconded by Board member Spear. Motion passed unanimously. III. ADJOURNMENT Motion for adjournment was made by Chairman Mauck. Motion seconded by Board Member Molina. Motion passed unanimously with Board Member Tinney being absent. Meeting adjourned at 2:51 p.m. Andrew K. Dimas Elena Juarez Buentello City Planner Recording Secretary