Loading...
HomeMy WebLinkAboutMinutes Board Of Adjustment - 01/26/2011 • MINUTES ZONING BOARD OF ADJUSTMENT MEETING RECEIVED City Hall, 1201 Leopard,Corpus Christi,Texas 1s`floor,City Hall Council Chamber MA R O 2 101 Wednesday,January 26,2011 1:30 P.M. CITY SECRETARY'S OFFICE BOARD MEMBERS: STAFF: Dan Winship,Chairman Miguel S. Saldafia, AICP,Senior City Planner Ben Molina, Vice-Chairman Lisa Wargo, Senior City Planner R.Bryan Johnson Deborah Brown,Assistant City Attorney Morgan Spear Ashley Satterfield,Recording Secretary Carl Hellums 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. Miguel Saldafia, Development Services,requested one minute to allow legal staff to arrive at the meeting. IL APPROVAL OF MINUTES 1. November 17,2010 Motion to approve the minutes from the November 17, ?.010 meeting was made by Board Member Spear and seconded by Vice-Chairman Molina. Motion passed unanimously. III. APPEALS 1. New Appeal Lisa Wargo, Development Services,presented New Appeal No.ZBA 0111-01 Lamar Advertising, stating the applicant requested an interpretation of Article 33 of the Corpus Christi Zoning Ordinance and the Highway Beautification Ordinance. a. Appeal No.ZBA 0111.01 Lamar Advertising, requests an Interpretation of Article 33 of the Corpus Christi Zoning Ordinance and Highway Beautification Ordinance. The subject property is Windsor Park Unit 4,Block 23,Lot 10A, located north of Lansdown Drive and west of South Staples Street. The public hearing was opened. Michael Wilson, the applicant's representative, came forward and provided detailed information on the company and signs. Board Member Johnson commented on a previous case with a sign that was denied. Chairman Winship inquired whether the Zoning Board of Adjustment had authority over this issue and Deborah Brown, Zoning Board of Adjustment Minutes January 26,2011 Page 2 Assistant City Attorney, responded the Zoning Board of Adjustment had authority over the interpretation only. Board Member McMullan inquired about the characteristics of the sign and Mr. Wilson responded that the sign would not be flashing. Board Member Johnson commented on the position of the billboard and Mr. Wilson responded it would not be cost effective for both sides of the billboard to LED have advertisements. A brief discussion was held on the position of the advertisement. The public hearing was closed. A brief discussion was held on LED signs. Chairman Winship requested staff's suggestion for the proposed Unified Development Code and Miguel Saldaiia,Development Services,suggested the State law be followed. In response to a brief discussion on the appeal process, Ms. Brown stated that an appeal to the Zoning Board of Adjustment action would be to District Court. In response to Board Member Johnson, Mr. Saldana stated the State Department of Transportation was angered by the mistake that allowed another entity to erect a sign similar to the proposed sign by Lamar Advertising. Board Member Pineda inquired about the weather characteristics of the sign and Mr. Wilson responded the sign was equipped with weather dimming capabilities. in accordance with Section 29 of the Zoning Ordinance, Board Member Johnson moved that Appeal No. ZBA 0111-01, a request for an Interpretation of Article 33 of the Corpus Christi Zoning Ordinance and Highway Beautification Ordinance, for property described as Windsor Park Unit 4, Block 23, Lot 10A, located north of Lansdown Drive and west of South Staples Street,be interpreted that an off-premise LED sign with copy changing every o to 10 seconds is not a sign which contains, includes, or is illuminated by flashing, intermittent, or moving light or lights, or intermittent message. The motion was seconded by Board Member Spear. Chairman Winship inquired about the effects the sign would have on the residential neighborhoods surrounding the subject property. A brief discussion was held on the potential residential effects. Chairman Winship requested a roll call vote and the roll was called. Motion passed unanimously. Ms. Wargo presented New Appeal No. ZBA 0111-02 Habitat for Humanity, stating the applicant requested a Special Use Exception for tandem parking. H:SPLN-DIR‘SHARED1ZONINGIZBA52011 ZBA FILES5201 I HIINUTESU.26.11 ZBA RONUTESDOC Zoning Board of Adjustment Minutes January 26,2011 Page 3 b. Appeal No.ZBA 0111-02 Habitat for Humanity, request a Special Use Exception for tandem parking. The subject property is C.A. Meuly's Addition, BIock 3, Lot 2, located north of Hancock Avenue and west of South Brownlee Boulevard. The public hearing was opened. Carolyn Smith, the applicant's representative,came forward and presented details on the project. The public hearing was closed. In accordance with Section 29 of the Zoning Ordinance,Board Member Hellums moved that Appeal No. ZBA 0111-02, a request for a Special Use Exception for tandem parking, for property described as C.A. Meuly's Addition, Block 3, lot 2, located north of Hancock Avenue and west of South Brownlee Boulevard,be approved, based on the finding and that in the Board's opinion and as a matter of fact, such a special use 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 Johnson. Chairman Winship requested a roll call vote and the roll was called. Motion passed unanimously with Vice-Chairman Molina abstained and Alternate Board Member McMullan voting. Ms. Wargo presented New Appeal No. ZBA 0111-03 Corpus Christi Community Improvement Corporation,stating the applicant requested a Special Use Exception for tandem parking. c. Appeal No.ZBA 0111-03 Corpus Christi Community Improvement Corporation, requests a Special Use Exception for tandem parking. The subject property is Chamberlin & Ropes Bay Terrace Addition,Block 8,Lots 26 and 27, located north of Buford Street and east of Tenth Street. Board Member Johnson inquired about the lot width of the two proposed lots and Ms. Wargo responded in an "A-2" Apartment House District, the lot width has to be fifty (50) feet. Mr. Saidana added that the two proposed lots have 25-foot lot widths totaling 50-feet of frontage. The public hearing was opened. Diana Zertuche Garza,Neighborhood Services,came forward and stated Habitat for Humanity's plans for tandem parking on the subject property. The public hearing was closed. In accordance with Section 29 of the Zoning Ordinance, Board Member Spear moved that Appeal No. ZBA 0111-03, a request for a Special Use Exception for tandem parking, for property described as Chamberlin & Ropes Bay Terrace Addition, Block 8, Lots 26 and 27, located north of Buford Street and east of Tenth Street, be approved, based on the finding and that in the Board's opinion and as a matter of H:\PI_N-Du\SHAREDIZONLNOtZBAL01I ZBA FILES2011 MIND SS11.26.I I ZBA MEYUTESDOC Zoning Board of Adjustment Minutes January 26,2011 Page 4 fact, such a special use 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 Johnson. Chairman Winship requested a roll call vote and the roll was called. Motion passed unanimously. WITHDRAWN d. Appeal No.ZBA 0111-04 Corpus Christi Community Improvement Corporation, requests for a Special Use Exception for tandem parking and a Variance from the lot width requirement. The subject property is Morris & Mitchell's Extension of South End Addition, Block 4, Lot 3, located east of Brownlee Boulevard and north of Morris Street. Ms. Wargo presented New Appeal No. ZBA 0111-06 Karl and Frances Schiatter, stating the applicant requested a Variance for a 7-inch encroachment of the subject property side yard setback and a Special Use Exception for a fifth motorized personal vehicle. e. Appeal No.ZBA 0111-06 Karl and Frances Schlatter, requests a Variance for a 7-inch encroachment of the subject property side yard setback and a Special Use Exception for a fifth motorized personal vehicle. The subject property is Los Amigos Subdivision, Lot 5 and a portion of Lot 4. located west of Ocean Drive and north of Amistad Street. Chairman Winship requested a clarification of the requested variance and reasons as to why the staff inspector did not catch the mistake. Ms. Brown clarified the applicant has two issues, the variance and the special use exception. Chairman Winship requested the inspector be contacted. The public hearing was opened. Dr.Marta Sotomayor, 251 Amistad,came forward in favor. Karl Schlatter, applicant and owner, came forward. Mr. Schlatter presented background information and details on the case. Mr. Saldafia stated the information was correct and an error was committed by staff. The inspection was done and approved. Chairman Winship asked if the subject property had been surveyed prior to the inspection and Mr. Schlatter responded yes he had a topographical survey and the pins marked. A brief discussion was held on the issue with the faulty inspection. After the discussion, Board Member Spear recommended staff add front and side yard setbacks to the list. H:W1N-DQtISHAREDIZOVING\ZBA120II 78A FTLES1201I MINUTESU.26.11 ZBAMINUTES.DGC Zoning Board of Adjustment Minutes January 26,2011 Page 5 Frances Schlatter,applicant and owner,came forward in favor. The public hearing was closed. Vice-Chairman Molina requested the number of notices returned in favor and staff responded twelve notices were returned in favor as well as one from the owner. In accordance with Section 29 of the Zoning Ordinance, Vice-Chairman Molina moved that Appeal No. ZBA 0111-06, a request for a Variance for a 7-inch encroachment of the subject property side yard setback,for property described as Los Amigos Subdivision, Lot 5 and a portion of Lot 4, located west of Ocean Drive and north of Amistad Street, be approved, based on the finding of an extraordinary and exceptional situation and condition.The motion was seconded by Board Member Hellums. Chairman Winship requested a roll call vote and the roll was called. Motion passed unanimously. • In accordance with Section 29 of the Zoning Ordinance, Board Member Johnson moved that Appeal No. ZBA 0111-06, a request for a Special Use Exception for a fifth motorized personal vehicle, for property described as Los Amigos Subdivision, Lot 5 and a portion of Lot 4, located west of Ocean Drive and north of Amistad Street,be approved,based on the finding and that in the Board's opinion and as a matter of fact, such a special use 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. Chairman Winship requested a roll call vote and the roll was called. Motion passed unanimously. IV. ADJOURNMENT Motion to adjourn was made by Board Member Spear and seconded by Board Member Johnson. Motion passed unanimously and meeting was adjourned at 3:03 p.m. )40 ��Gd a- CA--)a-t. CCA‘thiZ odOtzA b argo Ashley Li9�WSatte e d Administrator, Recording Secretary Zoning Board of Adjustment H:\PLN-DIR\SHAREDIZONING\ZBAL0 I I ZBA FILES1201 I MINUTES\L26.I I ZBA IvIINIJTES.DOC