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HomeMy WebLinkAboutMinutes Board Of Adjustment - 06/22/2011 t MINUTES ZONING BOARD OF ADJUSTMENT MEETING RE EIVED City Hall, 1201 Leopard,Corpus Christi,Texas 1'' floor,City Hall Council Chamber DEC 2 3 2011 Wednesday,June 22,2011 1:30 P.M. CITY SECRETARY'S OFFICE BOARD MEMBERS: STAFF: Dan Winshjp, Chairman Miguel S. Saldana, AICP, Senior City Planner Ben Molina, Vice-Chairman Lisa Wargo,Senior City Planner R. Bryan Johnson Deborah Brown, Assistant City Attorney Morgan Spear *Absent* 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. II. APPROVAL OF MINUTES 1. May 25,2011 Motion to approve the May 25, 201 1 minutes was made by Board Member Johnson and seconded by Board Member Hellums with Board Member Spear absent. Motion passed. III. APPEALS 1. New Appeals Lisa Wargo, Development Services, presented New Appeal item "a", stating the applicant requested a Special Yard Exception to reduce the 20-foot street yard setback. a. Appeal No. ZBA 0611-01 -Power Repair Services,Inc. Power Repair Services, Inc. requests a Special Yard Exception to reduce the 20-foot street yard setback. The subject property is described as Marschall Commercial Sites, Lot 9, located on the southeast corner of the intersection of McBride Lane and Steel Street. Ms. Wargo displayed an aerial photo showing the subject property from all four directions. The existing zoning for the property is "1-3," and the current use is "Light Industrial." Ms. Wargo stated the appellants are requesting a Special yard exception to reduce the 20-foot street yard along Steel Street to 8 feet for placement of a storage building onsite. A site plan was shown how the property looked with the reduced side yard setback. Ms. Wargo continued the existing land use was currently light industrial with a plan for the entire property to become heavy industrial. The current business and fencing onsite encroaches 5.3 feet into the public right-of-way. (K DEVELOPMENTS VCS\SHARED\ZONING\SBA1201 IZBA\201(MINUTES\6 22 I I ZBA MINUTES) Ms. Wargo stated that eleven (1 1) notices were mailed to property owners within the notification area and five (5) were returned in favor and two(2)were undeliverable. The five (5) in favor were by the appellant. The approval of the special yard exception requires that such approval does not substantially affect adversely the uses of adjacent and neighboring properties permitted by Section 29-4 — "Special Yard Exceptions"of the Zoning Ordinance. The adjacent Lot 8 along Steel Street and east of the subject property is owned by the same owner and has the same 20-foot street yard requirement. The storage building can be placed 10 feet from the property line and still meet the minimum building separation between the existing building and the proposed storage building. Ms. Wargo continued that since the average street yard requirement was 10 feet, Staff would consider a concession allowing for a side yard reduction of 10 feet along Steel Street as measured from the property line. Ms. Wargo stated that staff's recommendation was denial of the original request to reduce the street side yard setback from 20 feet to 8 feet, in lieu thereof approve granting a 10-foot street yard requirement. After Ms. Wargo's presentation, the floor was opened for questions. The public hearing was opened. John Kendall, 5866 South Staples Street, representative, came forward and presented details on the subject property. Mr. Kendall stated that the reason the applicant requested 8 feet to provide more space for the large trucks to load and unload trailers. Mr. Kendall continued that the 2-foot difference was very important when maneuvering large trucks and trailers and also added in where forklifts. Mr. Kendall stated there was proposed expansion for the adjacent property, but that was further in the future. After Mr. Kendall's comments,the public hearing was closed. Miguel Saldana, Development Services, provided the basis to staff's recommendation of allowing the 10-foot street yard setback. Mr. Saldana stated that the 10-foot street setback was the same throughout the city for all zoning districts. Mr. Saldana continued that in allowing the reduction to 10- feet would maintain consistence and the 8-foot setback would deviate from that standard. Board Member Johnson commented that he felt property owners should be allowed to do what they wanted with their property, but in this case, he felt the request was more for convenience. In accordance with Section 29-4 of the Zoning Ordinance, Board Member Johnson moved that Appeal No. ZBA 0611-01, a request for a Special Yard Exception to reduce the 20-foot street yard back to 8 feet , for property described as Marschall Commercial Sites, Lot 9, be denied, and in lieu thereof, approve a Special Yard Exception from the 20-feet to a 10-foot street yard setback. The motion was seconded by Board Member Helium. Chairman Winship called for a roll call vote and the motion passed with Board Member Spear absent. Lisa Wargo, Development Services, presented New Appeal item "b", stating the applicant requested a Special Use Exception to reduce the parking requirements. b. Appeal No. ZBA 0611-03—Celebration Nation,LLC Celebration Nation, LLC requests for a Special Use Exception to reduce the off-street parking requirements. The subject property is described as Garvin Subdivision, Block 1, Lots 5 and 6, located along the east side of South Staples Street between La Costa Drive and Wooldridge Road. (K DEVELOPMENTSVCSISHARED\ZONING\SBA\2011ZBA1201!MINUTES\6.22 I I ZBA MINUTES) Ms. Wargo stated in looking at the site shown on the aerial, there are two buildings that currently exist on the property. The first building is a restaurant with 4,500 square feet and a parking ratio of 1 space per 100 square feet. The second building is proposed as an amusement center with 7,452 square feet and a parking ratio of I space per 100 square feet. The center will be used mostly by teens and younger with parent drop-off and pickup. The two buildings total 12,042square footage and the required number of parking spaces is 121. The restaurant requires 45 and the proposed amusement center requires 76. Ms. Wargo presented aerials showing the site zoned as "B-4" Business District and the land use as commercial. Surrounding properties to the north, east and south are also zoned "B-4" Business District and property to the west is zoned"R-1B" One-Family Dwelling District. Land uses vary from commercial, light industrial, professional office and public/semi-public/LDR. The request for the Special Use Exception is to reduce the number of required off-street parking spaces from 121 to 90 for the addition of the proposed amusement center within an existing vacant structure. Ms. Wargo cited Section 29-3 — Special Use Exceptions of the Zoning Ordinance, more specifically, Section "29-03.08" and read into record the Staff analysis that supported Staff's finding that the ninety (90) parking spaces requested by the appellant were sufficient for the proposed additional use on the site, especially since the use will be conducted under a 3-year lease agreement. Staff's recommendation is approval of the Special Exception requests to reduce the spaces required upon finding that the request will not adversely affect the adjacent uses and properties. Twenty (20) notices were mailed with one returned in favor and one was undeliverable. After Ms. Wargo's presentation, the floor was opened for questions. The public hearing was opened. Freddie and Laura Alvarez, 5922 South Staples, came forward to address the board. Mr. Alvarez stated they were excited about their business and the opportunity to provide a place of recreation and activity for the kids of this community. Mr. Alvarez continued that the kids attending the amusement center would be teens and younger and most likely, the parents would drop them off and pick them up. Mr. Alvarez continued that he projected that approximately 30 to 40 adults would actually require a parking space for a planned event held at the center. Mr. Alvarez stated their business plans included placing outside equipment for younger children to play, and if they had to construct an additional parking lot,that would really affect their business plans. The public hearing was opened. In accordance with Section 29-3 "Special Use Exceptions of the Zoning Ordinance, Board Member Johnson moved that Appeal No. ZBA 0611-03, a request for a Special Use Exception to reduce the parking requirements for property described as Garvin Subdivision, Block 1, Lots 5 and 6, located along the east side of South Staples Street between La Costa Drive and Wooldridge Road, be approved upon finding that the request will not adversely affect the adjacent uses and properties as illustrated in Section 29-3 of the Zoning Ordinance. The motion was seconded by Board Member Molina. Chairman Winship requested a roll call vote and the motion passed with Board Member Spear absent. A brief discussion ensued regarding whether applicants or representatives coming before the board should be sworn in before giving their presentations and addressing the board. Staff stated that this decision should be decided by the board members. After further discussion, no action was taken and it was decided that the item should be further discussed before action was taken. (K:DEVELOPMENTSVCS\SHARED\ZONINGISBA\20I I ZBA\201 I MINUTESI6 22.1 I ZBA MINUTES) Staff was asked if developers were assessed storm water fees on new projects for the city and Mr. Saldana answered that a storm water fee had not been established. Mr. Saldana continued that the project was undertaken several years ago, but it was never completed. IV. ADJOURNMENT Motion to adjourn was made by Board Member Johnson and seconded by Board Member Hellums. Motion passed with Board Member Spear absent and the meeting adjourned at 2:23 p.m. Date: � 5/ �/ Lisa Wargo, Senior City Planner Zoning Board of Adjustment Administrator 6Date: 0 / cj Ashle Satterfield, U it) Recor 'ng Secretary (K DEVELOPMENTS VCS\SHARED\ZONING\SBA1201 I ZBAl20I I MINUTESl6.22 I I ZBA MINUTES)