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HomeMy WebLinkAboutMinutes Board Of Adjustment - 06/23/2010 MINUTES RECEIVED ZONING BOARD OF ADJUSTMENT MEETING City Hall, 1201 Leopard,Corpus Christi,Texas SEP 14 2010 1"floor,City Hall Council Chamber Wednesday,June 23,2010 1:30 P.M. CITY SECRETARY'S OFFICE BOARD MEMBERS: STAFF: Dan Winship,Chairman Andrew K. Dimas,City Planner Ben Molina,Vice Chairman Deborah Brown,Legal Counsel Arrived at 1:34 p.m. R.Bryan Johnson Elena Juarez Buent6llo,Recording Secretary Morgan Spear Ashley Satterfield Carl Hellums Absent John Douglas McMullan(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 Winship at 1:30 p.m. II. APPROVAL OF MINUTES Motion to approve the minutes from the May 26, 2010 hearing was made by Board Member Spear and seconded by Vice-Chair Molina. Motion passed unanimously with Board Member Hellums being absent. III. APPEALS Andrew Dimas, Development Services, requested an agenda adjustment to hear Appeal No. ZBA 0610-01 first. Motion to approve the agenda adjustment was made by Board Member Spear and seconded by Vice- Chair Molina. Motion passed unanimously with Board Member Hellums being absent. 1. New Appeal b. Appeal No.ZBA 0610-01 Arlina McPherson Winslow: Request: Special Yard Exception to allow an existing building located within front yard setback. The subject property is located at 2838 Ransom Island Drive, South Sea Island Subdivision, Lot 30,Block 1, located at the intersection of Trinidad Drive and Ransom Island Drive Andrew Dimas, Development Services, presented New Appeal item "b" Appeal No. ZBA 0610-01 via Apple Keynote, stating the applicant is requesting a Special Yard Exception to allow an existing building located within the front yard setback. In response to Chairman Winship, Mr. Dimas stated the appeal came about because the applicant is trying to sell the home. Vice-Chair Molina asked when the home was built. In response, Mr. Dimas stated the house was built in 1935. a Board Member Spear inquired whether the house was eligible to be sold. In response, Board Member Johnson acknowledged the presence of the applicant's realtor. Public hearing was open. Arlina Winslow, the applicant, came forward. Ms. Winslow stated the transaction will not go through without the approval of the appeal. Public hearing was closed. In accordance with Section 29-3 of the Zoning Ordinance, Board Member Johnson moved that Appeal No. ZBA 0610-01, a request for a Special Yard Exception to allow for an existing building located within the front setback to remain, located at 2838 Ransom Island, South Sea Island Subdivision, Block 1, Lot 30, be approved,based on the finding and that in the Board's opinion and as a matter of fact, such a special yard exception will not substantially affect adversely the uses of adjacent and neighboring property permitted by the Zoning The motion was seconded by Vice-Chair Molina. Motion passed unanimously with Board Member Hellums being absent. Chairman Winship requested roll call. Ashley Satterfield, Development Services, called role with Board Member Hellums being absent. Chairman Winship called a recess to review the legal content for New Appeal item"a". The regular Board of Adjustment meeting was reconvened at 1:47 p.m. a. Appeal No.ZBA 0510-01 STC Five,LLC.: Request: Special Use Exception(SUE)for the installation and operation of a 130 foot alternative mounting structure telecommunication tower. The subject property is located at 3115 Ocean Drive,First Baptist Church Tract,Lot 1-A, located approximately 350 feet from the intersection of Kush Lane and Ocean Drive. Andrew Dimas,Development Services,presented New Appeal item"a"Appeal No.ZBA 0510-01 via Apple Keynote,stating the applicant is requesting a Special Use Exception(SUE)for the installation and operation of a 130 foot alternative mounting structure telecommunication tower.The current tower is public-semi-public and is to remain as such.Mr.Dimas stated the ordinance requires that the tower must be 150%the height of the tower, 195 feet in this case.The current tower is 87 feet and 6 inches. The applicant installed a Cellular on Wheels which is a 57 foot self-supporting guide tower. In response to Board Member McMullan,Mr.Dimas stated the distance was a 190 foot line from the fence of the neighborhood. If the tower were to fall,Mr.Dimas stated the tower would fall on the fence. Public hearing was open for persons in favor. Vince Huebinger, 1715 Capital Texas Highway,Suite 207, Austin,Texas,came forward in favor. Mr. Huebinger is the owner of the telecommunication tower proposed in the appeal.The case was heard a year ago.Mr. Huebinger stated the application expired and have reapplied requesting a Special Use Exception (SUE)to replace the existing pole.Pocket Wireless wants to use the tower which currently houses Sprint and T-Mobile services. Mr.Huebinger stated co-carriers are encouraged by the code to reduce facility size and the amount of telecommunication towers.The telecommunication tower is attempting to provide a higher solution for building coverage.The new tower will provide eighty(80)percent in-building site coverage and one hundred(100)percent exterior coverage. In response to Vice-Chair Molina,Mr. Huebinger stated the tower wasn't built with the approval from the prior year due to legal litigation. John Bell, 1100 Wells Fargo bank tower representing Crown Castle,came forward. Mr. Bell stated the community was in favor of improving the cell phone reception in previous years before the church permitted the telecommunication.The applicant is seeking a single tower with all the equipment inside the tower in attempt to avoid an additional tower.Mr. Bell stated a Special Use Exception(SUE)is not needed for two towers under 100 feet.Mr. Bell stated a 364 foot distance between the tower and the nearest dwelling.The nearest fence is located 160 feet away.The conditions for SUE would require a screening fence around the ground equipment and oleanders around screening fence.The litigation is pending regarding the suit filed after the first case last year. Mr. Bell,on behalf of the applicant,requested the Special Use Exception(SUE)be approved. In response to Chairman Winship,Mr.Bell stated the parties involved within the litigation were not reaching agreements. Mr.Bell added the 130 foot height was necessary for the telecommunication tower to be adequate for three carriers. In response to Chairman Winship,Mr. Bell stated the trial was going to court in October but had no indication as to the amount of time the litigation would be in courts.The court is the 214th with Judge Jose Longoria presiding. In response to Board Member Spear,Mr.Bell stated all cellular equipment is to be placed inside the pole. Mr.Huebinger stated the diameter of the pole 3.5 feet to 4 feet at the base to about 2 feet at the top. Mr. Huebinger added that white was not the only color the fiberglass towers were available in. Deborah Brown mentioned the three minute time limit. In response,Chairman Winship stated he was not aware of the time limit. Steve Hartwick,3115 Ocean Drive, came forward. Mr. Hartwick is the pastor of the church neighboring the telecommunication tower. Mr.Hartwick stated the tower can provide great assistance for the community. Mr.Hartwick stated he was in favor of the case. Chairman Winship recommended two people speak longer than the three minute limit. The three minute limit would apply to all others excluding the two people chosen.The public agreed. Public hearing for persons in opposition was opened. Roger Braugh,7 Hewit Drive,came forward in opposition.Mr.Braugh is the lawyer who filed suit. Mr. Braugh asked for staff's opinion.Chairman Winship responded with concern on the legality of Mr. Braugh's request.Deborah Brown stated no research had been conducted on the issue. Chairman Winship inquired the staff's opinion. Andrew Dimas,Development Services,stated his staff opinion of denying the applicant's request. Mr. Braugh stated the company was strictly attempting to acquire more companies to pay rent.The case is for profit. Mr. Braugh added the existing tower is illegal and the Cellular on Wheels is not an alternate according to the Ordinance,Chapter 27. Mr.Braugh stated the applicant failed to provide ten items in the application process. Mr. Braun continues to express concern regarding the telecommunication tower. Deborah Brown stated the staff's opinion is not advocating for either side. Ms. Brown inquired about the meeting held the prior Monday to the meeting with staff. Ms.Brown recommended the other side receive additional time to speak because they were not aware of the meeting. Ms. Brown stated all parties should be treated fairly and with the same respect. Sally Berven,9 Hewit Drive,came forward in opposition. Ms. Berven expressed concern about the foundation of the area,the windstorm regulations,and how a for-profit was allowed to be in a heavy residential area. Craig Sico, 19 Hewit,came forward in opposition. Mr. Sico stated the applicant and church should consider the neighborhood's concern. Mark Gilbreth,representative the Scavough family located at 3140 Ocean Drive,came forward in opposition. Mr.Gilbreth stated the mounted lighting is not adequate. Jeff Cobbs, 11 Hewit,came forward in opposition. Mr.Cobbs stated he felt the current and future tower are illegal. Patricia Carales-Bell,3017 Kush,came forward in opposition. Ms.Carales-Bell expressed concern with hurricanes knocking the tower into the neighborhood. In response to Chairman Winship,Deborah Brown stated Board Member McMullan's leave would not affect their voting percentage. Vice-Chair Molina stated the risk of a split decision in Board Member McMullan's absence. Christine Brough,7 Hewit, came forward in opposition.Ms.Brough suggested the zoning requirements should place a strict requirement on the aesthetics of the tower. Marcy Taylor, 5 Hewit,came forward in opposition.Ms.Taylor questioned the location of the telecommunication tower when First Baptist Church has a big property. In response to Chairman Winship,Ms.Brown stated the proponents be limited to discussing Mr.Dimas's statement. John Bell came forward. Mr. Bell stated Mr. Dimas expressed no problems with their request at the beginning of or at any time throughout the application process.Mr.Bell stated the request is for a 130 foot tower in accordance to the requirements of the ordinance.The 130 foot tower provides the coverage,taking out the tower takes out the coverage.Mr. Bell stated the Federal Telecommunications Act states the tower must be in an open system for different telecommunication companies. Mr. Bell concluded by stating the Special Use Exception(SUE)was for a flagpole. Mr. Huebinger displayed the coverage maps with and without the telecommunication tower. The public hearing was closed. In response to Chairman Winship,Mr.Dimas stated the application process for the Special Use come from 27C-2.01B of the ordinance. Vice-Chair Molina expressed concern about appeasing the neighborhood. Vice-Chair Molina added the area already had existing coverage. Board Member Spear expressed concern about the absent evidence of the case,whether profit motivated or from hardship. In response to Chairman Winship,Mr. Dimas stated the existing tower is not in compliance and is non- conforming. In accordance with Section 29-3 of the Zoning Ordinance,Board Member Johnson moved that Appeal No. ZBA 0510-01, a request for a Special Use Exception to install and operate a 130 foot alternative mounting structure telecommunication tower, located at 3115 Ocean Drive, Russell Baptist Church Tract, Lot 1-A, be denied, based on the finding and that in the Board's opinion and as a matter of fact,such a special use exception will substantially affect adversely the uses of adjacent and neighboring property permitted by the Zoning Ordinance.The motion was seconded by Board Member Spear.Motion passed unanimously with Board Member Hellums being absent. III. ADJOURNMENT Motion to adjourn was made by Board Member Johnson and seconded by Board Member Spear. Motion passed unanimously and meeting was adjourned at 3:20 p.m. •6` Y Clef PC( Andrew K. Dimas Ashley Satte field City Planner Recording Secretary