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HomeMy WebLinkAboutMinutes Board Of Adjustment - 11/17/2010 MINUTES RECEIVED ZONING BOARD OF ADJUSTMENT MEETING 1201 Leopard,Corpus Christi,Texas FEB 0 8 2011 City Hall,1't floor,City Hall Council Chamber Wednesday,November 17,2010 1:30 P.M. CITY SECRETARY'S OFFICE BOARD MEMBERS: STAFF: Dan Winship,Chairman Miguel S.Saldana,AICP,Senior City Planner Ben Molina,Vice-Chairman Lisa Wargo,Senior City Planner*Absent* R.Bryan Johnson*Absent* Andrew K.Dimas,City Planner Morgan Spear Deborah Brown,Assistant City Attorney Carl Hellums Ashley Satterfield,Recording Secretary John Douglas McMullan(Alternate) Heriberto A. Pineda(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 The meeting was called to order by Chairman Winship at 1:30 p.m. and a quorum was declared. II. APPROVAL OF MINUTES 1. August 25,2010 Motion to approve the minutes from the August 25, 2010 hearing was made by Board Member Spear and seconded by Board Member Hellums.Motion passed unanimously with Board Member Johnson absent. III. APPEALS 1. New Appeal Andrew Dimas,Development Services,presented New Appeal item"a"Appeal No.ZBA 1110-01,stating the applicant requested an interpretation of the screening and variance requirements for the Island Overlay District. a. Appeal No.ZBA 1110-01 High & Dry Storage Inc. requests an Interpretation of Intent of the screening requirement and variance from the Island Overlay District screening requirement. The subject property is Padre Island Subdivision#1, Block 21, Lots 12B through 20B,located behind 15338 South Padre Island Drive. Chairman Winship inquired whether the Zoning Board of Adjustment had the authority to override staff's recommendation of denial. Mr. Dimas responded that certain qualifications must be met in order to approve the applicant's recommendation. Miguel Saldana, Development Services, stated the Zoning Board of Adjustment must find that the motion does not substantially affect adversely the uses of adjacent and neighboring properties permitted by the Zoning Ordinance. The public hearing was opened. Bob Johnson, owner, came forward. Mr. Johnson gave a presentation regarding the issues with the interpretation of the screening requirements. Zoning Board of Adjustment Minutes November 17,2010 Page 2 A brief discussion was held on the characteristics of a`B-2A"Barrier Island Business District. In accordance with Section 29-3 of the Zoning Ordinance, Board Member Hellums moved that Appeal No. ZBA 1110-01, a request for an interpretation of intent of the screening and variance requirements for the Island Overlay District Special Yard Exception, located at 15338 South Padre Island Drive, Padre Island Subdivision, Block 21, Lots 12B through 20B,be approved with metal material uses, based on the finding and that in the Board's opinion and as a matter of fact, such an interpretation will not substantially affect adversely the uses of adjacent and neighboring property permitted by the Zoning Ordinance. The motion was seconded by Board Member Pineda. Motion passed with Vice-Chairman Molina opposing and Board Member Johnson absent. Chairman Winship requested a roll call vote and the roll was called with Board Member Johnson absent. Andrew Dimas, Development Services, presented New Appeal item "b" Appeal No. ZBA 1110-02, stating the applicant was requested a Variance and Special Use Exception to allow for reduction of the side yard setbacks. b. Appeal No.ZBA 1110-02 City of Corpus Christi, request a Variance and Special Use Exception (SUE) from the "A-2" Apartment District minimum lot area (6,000 sq. ft.), minimum lot width (50 ft.) and minimum side yard requirements (5 ft.). The subject property is Mussett's Addition, Block 3, west one-half of Lot 10, located at 1417 Caldwell Street. The public hearing was opened. Joe M.Priveda came forward and addressed The Board by stating his concerns with the lot sizes. The public hearing was closed. In accordance with Section 29-3 of the Zoning Ordinance,Vice-Chairman Molina moved that Appeal No. ZBA 1110-02, a request for a Variance to allow for a reduction in the side yard setback requirements, located at 1417 Caldwell,Mussett's Addition, Block 3,west one-half of Lot 10,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 Ordinance. The motion was seconded by Board Member Hellums. Motion passed unanimously with Board Member Johnsons absent. Chairman Winship requested a roll call vote and the roll was called with Board Member Johnson absent. Andrew Dimas,Development Services,presented New Appeal item"c"Appeal No.ZBA 1110-03,stating the applicant is requesting a Special Use Exception in order to reduce the off-street parking requirement from 66 parking spaces to 36 parking spaces for a proposed restaurant. Zoning Board of Adjustment Minutes November 17,2010 Page 3 c. Appeal No.ZBA 1110-03 North Beach Holdings, LLC, requests a Variance from the off-street parking requirement from 66 parking spaces to 36 parking spaces for a proposed restaurant. The subject property is Corpus Christi Beach Hotel, Block 3, Lots 52 through 57,located at 221 S.Hotel Place. A brief discussion was held on the off-flow of the property. The public hearing was opened. Gary Sweetman(276 Augusta Drive)came forward in opposition. Steve Bonillas(owner of Surfside Restaurant)came forward in opposition. The public hearing was closed. In accordance with Section 29-3 of the Zoning Ordinance,Board Member Morgan moved that Appeal No. ZBA 1110-03,a request for a Variance from the off-street parking requirement from sixty-six(66)parking spaces to thirty-six (36) parking spaces for a proposed restaurant, located at 221 S. Hotel Place, Corpus Christi Beach Hotel, Block 3, Lots 52 through 57, 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 Ordinance. The motion was seconded by Board Member Hellums. Motion passed unanimously with Board Member Johnsons absent. Chairman Winship requested a roll call vote and the roll was called with Board Member Johnson absent. Andrew Dimas, Development Services, presented New Appeal item "d" Appeal No. ZBA 1110-04, stating the applicant is requesting a Variance from the maximum accessory building square footage permitted by the Zoning Ordinance to construct a 2,000 square foot detached metal garage for a 1,600 square foot home. d. Appeal No.ZBA 1110-04 Michael and Kathy Wheelington, requests for a Variance from the maximum accessory building square footage permitted by the Zoning Ordinance to construct a 2,000 square foot detached metal garage. The subject property is Don Patricio, Block E, Lots 27 through 52, located at 805 Don Patricio Road. A discussion was held on the undeveloped streets located in front of the house. In response to Board Member McMullan, Mr. Dimas stated the primary use would not change with the forty-nine(49)percent rule. Board Member Spear inquired about the use for the garage. The public hearing was opened. Mike Wheelington,the applicant,came forward and explained the garage would be used as personal storage. Chairman Winship inquired about the location of the garage on the property and Mr. Wheelington responded the garage was located behind the house and the driveway is extended behind the house. Vice- Chairman Molina suggested a buffer be placed to block the street view. • Zoning Board of Adjustment Minutes November 17,2010 • Page 4 The public hearing was closed. Board Member Pineda inquired about the changes in the primary land use and Mr. Dimas responded that zoning and land use were separate. In accordance with Section 29-3 of the Zoning Ordinance, Board Member Hellums moved that Appeal No. ZBA 1110-04, a request for a Variance from the maximum accessory building square footage permitted by the Zoning Ordinance to construct a 2,000 square foot detached metal garage, located at 805 Don Patrick), Block E, Lots 27 through 52, 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 Ordinance. The motion was seconded by Board Member Spear.Motion passed unanimously with Board Member Johnsons absent. Chairman Winship requested a roll call vote and the roll was called with Board Member Johnson absent. Andrew Dimas,Development Services,presented New Appeal item"e"Appeal No.ZBA 1110-05,stating the applicant is requesting a Special Use Exception for the installation and operation of two (2) 12,000 • gallon,U12085 above-ground fuel storage tanks not to exceed 24,000 gallons. e. Appeal No.ZBA 1110-05 City of Corpus Christi,requests a Special Use Exception(SUE)for two (2) 12,000 gallon above-ground fuel storage tanks. The subject property is J.C. Russell Farm Tract, located at 474 Pinson Road,on Corpus Christi International Airport property. A discussion was held on the screening for the above-ground fuel tanks. The public hearing was opened. No one came forward in favor or in opposition. The public hearing was closed. In accordance with Section 29-3 of the Zoning Ordinance, Board Member Pineda moved that Appeal No. ZBA 1110-05, a request for a Special Use Exception for two(2) 12,000 gallon above-ground fuel storage tanks, located at J.C. Russell Farm Tract, at 474 Pinson Road, on Corpus Christi International Airport property, 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 Ordinance.The motion was seconded by Board Member Hellums. Motion passed unanimously with Board Member Johnsons absent. Chairman Winship requested a roll call vote and the roll was called with Board Member Johnson absent. IV. ADJOURNMENT Motion to adjourn was made by Board Member Spear and seconded by Board Member Pineda. Motion passed unanimously and meeting was adjourned at 3:16 p.m. Ar' ISI bW 2I/ Q#.U1 0 Jd drew K.Dimas Ashley SatterVeld City Planner Recording Secretary H:PLN-DIR\SHAREDIZONJNGITBA\2010 ZBA FILES\2010 AGENDAS 11-17-10 ZBA AOENDA.DOC