HomeMy WebLinkAboutMinutes Board Of Adjustment - 08/24/2011 •
MINUTES RE EIVED
ZONING BOARD OF ADJUSTMENT MEETING DECCity Hall, 1201 Leopard,Corpus Christi,Texas 2 3 2011
1st floor,City Hall Council Chamber
Wednesday,August 24,2011 CIn/sEC
1:30 P.M. �?ARY'S 0FRCE
BOARD MEMBERS: STAFF:
Dan Winship,Chairman Miguel S. Saidana, AICP, Senior City Planner
Ben Molina, Vice-Chairman Andrew Dimas,City Planner
R. Bryan Johnson Deborah Brown, Assistant City Attorney
Morgan Spear Linda Williams, Recording Secretary
Carl Hellums Christina Aparicio, Assistant 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. June 22,2011
Motion to approve the June 22, 2011 minutes was made by Board Member Johnson and seconded
by Board Member Spear. The motion passed.
III. APPEALS
1. New Appeal
Andrew Dimas, Development Services, presented New Appeal item "a", stating the applicant
requested a Special Yard Exception to reduce the 20-foot street yard setback and Staff recommended
approval of the variance request.
a. Appeal No. ZBA 0811-01 —David A. McKee
David A. McKee requests a variance to reduce the required 15-
foot rear yard setback to 5 feet.
The subject property is described as Shoreline Estates, Block 2,
Lots 24-27, located east of Baycliff Drive, south of the
intersection of Baycliff Drive and Ocean Drive.
Mr. Dimas displayed an aerial photo showing the subject property. The existing zoning for the
property is "RS-10" Single-Family 10 District (formerly "R-IA" One-Family Residential) and its current
use is single family residential. Mr. Dimas stated the existing zoning to the north, east, south and west
was also "RS-10" Single-Family 10 District. Mr. Dimas continued that the applicant was requesting a
variance to reduce the required 15-foot rear yard setback to 5 feet and to add and convert an existing
Zoning Board of Adjustment
• August 24,2011
Page 2
garage into an additional living room and home office. Mr. Dimas continued that the adjacent properties
also have an accessory building at or near the 5-foot rear setback area and the request met the required
findings of the variance review criterion of the Unified Development Code (UDC) and the request does
not cause a nuisance or hazard to adjacent property owners. Mr. Dimas added that twenty (20) notices
were mailed and two were returned in favor.
Chairman Winship stated that in looking at the aerial it seems that what currently exist, the
property owners are already close to the existing building line and Staff clarified that previously up to
July, the original rear yard setback was 5 feet, but once the UDC was adopted, the setback was increased
to 15 feet.
Board Member Johnson asked if there was a chance that the setback could be changed back to 5
feet and Staff explained that since the lots were 6,000 square feet, 15 feet would not be reasonable. A
question was asked regarding when the application was received and Staff answered the application was
received after the UDC was adopted. After Mr. Dimas' presentation, the floor was opened for questions.
The public hearing was opened.
Andrew McKee, son of the applicant, addressed the board. Mr. McKee stated he was also the
contractor for the project and their application was submitted three weeks after the UDC was adopted.
When the application was submitted was when they learned the requirements had changed. After Mr.
McKee concluded his comments, the public hearing was closed. Chairman Winship called for a motion.
In accordance with Article 3.25 of the Unified Development Code (UDC), Board Member
Johnson moved that Appeal No. ZBA 0811-01, a request for a Variance to reduce the required 15-foot
rear yard setback to 5 feet on property described as Shoreline Estates, Block 2, Lots 24 through 27, be
approved, based on the findings of the variance review criterion of the Unified Development Code(UDC)
and the request does not cause a nuisance or hazard to adjacent properties. The motion was seconded by
Board Member Hellums. Chairman Winship called for a roll call vote and the motion passed.
Miguel Saldana, Development Services, addressed the board. Mr. Saldana stated he would like to
schedule a training workshop for board members maybe in October; and if there were no cases, the
workshop could be scheduled instead of a regular board meeting. Mr. Saldana continued that at the
previous meeting, the board discussed whether applicants or their representatives coming before the board
should be sworn in before giving their presentations and action taken on their appeal, but no decision was
made. Mr. Saldana continued this item could also be discussed at the workshop. Mr. Saldana added that
some cities do swear in the applicants/representatives and some do not. Chairman Winship asked if the
training would before or after the meeting and Mr. Saldana answered that would be left to the board and it
also depended on the number of appeals that were scheduled.
Chairman Winship asked if the reduced number of cases scheduled before the board was because
of the new codes and Mr. Saldana answered no. Mr. Saldana continued that the decrease in the number of
cases was a result of people coming into the office for early assistance. Mr. Saldana went on to say that
the early assistance meetings, for the most part, have been very effective.
}
Zoning Board of Adjustment
August 24,2011
Page 3
IV. ADJOURNMENT
Motion to adjourn was made by Board Member Spear and seconded by Board Member Johnson.
Motion passed and the meeting adjourned at 1:45 p.m.
/e, Date:
Andrew Dimas, City Planner
Wl1 .ol�y Date: gill, /
Lind Williams
Reco ing Secretary
(K-DEVELOPMENTSVCSISHAREDZONING\SBA12111 IZBA12011MINUTES\*24 I I ZBA MINUTES)