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HomeMy WebLinkAboutMinutes Board Of Adjustment - 02/22/2012MINUTES ZONING BOARD OF ADJUSTMENT MEETING City Hall, 1201 Leopard, Corpus Christi, Texas 1 floor, City Hall Council Chamber Wednesday, February 22, 2012 1:30 P.M. BOARD MEMBERS: Dan Winship, Chairman Ben Molina, Vice - Chairman absent* R. Bryan Johnson absent* Morgan Spear Carl Hellums John Douglas McMullan (Alternate) Heriberto A. Pineda (Alternate) STAFF: Miguel S. Saldana, AICP, Interim Manager, Development Services Department Jennifer Ramirez, Zoning Board of Adjustment Administrator Deborah Brown, Assistant City Attorney Linda Williams, Recording Secretary Si usted quiere dirigirse al consejo de ajustamiento y su ingles es limitado, habra un interprete en la junta para ayudarle. 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. January 25, 2012 Motion to approve the January 25, 2012 minutes was made by Board Member Morgan Spear and seconded by Board Member John Hellums. Motion passed. III. APPEALS 1. New Appeals Jennifer Ramirez, Development Services, read New Appeals Item "a" into record (shown below). Ms. Ramirez stated Steve Coronado, the applicant, has requested a Variance to reduce the required 25- foot side yard setback on the subject property. a. Appeal No. ZBA 0212 -01 (12- 14500001) Steve Coronado requests a Variance to reduce the required 25 -foot side yard setback The subject property is described as Tara Subdivision, Block 1, Lot 17, located north of Riata Drive and west of Roscher Road, Ms. Ramirez continued that the subject property was located in the southeast portion of the City (Flour Bluff) in the Tara Subdivision and the surrounding area was zoned "estate residential." The property contains 1.09 acres and was currently undeveloped. Ms. Ramirez continued .that Mr. Coronado proposes to build a single- family residence totaling approximately 2,998 square feet of living space and 980 square feet garage area totaling 3,978 square feet. Ms. Ramirez stated there were two lots on each side of the subject site — south from Richland and west from the subject site. Ms. Ramirez stated that a site plan was submitted showing the layout with the reduced setbacks. Ms. Ramirez continued that the applicant's request was to reduce the 25 -foot requirement to 7.5 feet on the left side and 8 feet on the right side; which was a 68 to 70 percent reduction to the setback. Zoning Board of Adjustment February 22, 2012 Page 2 Ms. Ramirez continued that the subject property has extraordinary conditions that include a pie shaped lot configuration and' a designated conservation /preservation area at the rear of the property which resulted in the front portion of the lot being narrower than -the rear. In addition, there was a 6 -foot elevation difference from the front property fine'desconding toward the rear of property and there was a wetlands area regulated by the U.S. Corps of Engineers. Ms. Ramirez referenced Exhibit D of the report that showed the approved plan by the Corps of Engineers depicting the jurisdictional line and bulkhead. Ms. Ramirez continued that with these combined conditions, limited area was left for construction. Ms. Ramirez stated that six (6) notices were mailed to property owners within the notification area and one was returned in favor and one was returned in opposition. Ms. Ramirez continued that for informational purposes, "architectural restrictions" were included in the deed records for the Tara Subdivision and the applicant has "to obtain approval from the Architectural Committee to reduce the setbacks. Ms. Ramirez concluded her presentation by stating due to the extraordinary conditions on'site, Staff recommended approving the variance request to reduce the 25 -foot side yard setback to 10 feet with one condition. The. condition is the applicant shall obtain approval from the Architectural Committee for the setback reduction as stated in the deed records prior to issuance of a Certificate of Occupancy. Ms. Ramirez stated the applicant was at today's meeting to answer any questions. After Staff's presentation, the public hearing was opened for discussion and questions. Chairman Winship asked how staff arrived at the recommended solution and Ms. Ramirez explained that staff used the site plan and did various calculations using numbers that resulted in a number that was mid -way between the required 25 -foot and the applicant's request. Chairman Winship asked if the owner was notified of staff's recommendation and was he satisfied with the recommendation and Ms. Ramirez stated she spoke with the applicant and he. agreed with the recommendation. Board Member McMullan asked if the rear setback was adequate and Ms. Ramirez responded that the rear setback was adequate. Mr. Joe Ortiz, 3018 Mendenhall Drive, representative for the applicant, addressed the board. Mr. Ortiz concurred that the applicant was agreeable to staff's recommendation. Mr. Ortiz continued that the 10 -foot setback would accommodate the required septic tank system. After Mr. Ortiz concluded his comments, the public hearing was closed. After all questions and discussion concluded, the public hearing was closed. Chairman Winship called for a motion. In accordance with Article 3.25 of the Unified Development Code, Board Member Pineda moved that Appeal No. ZBA 0212 -01, a Variance to reduce the required 25 -foot side yard setback to seven and one -half feet on the left side and eight feet on the right side on property described as Tara Subdivision, Block 1, Lot 17, located north of Riata Drive and west of Roscher Road, be approved based on the Review Criteria of the Unified Development Code, Section 3.25.3. In addition, the approval is subject to the following condition: Prior to issuance of a certificate of occupancy, the owner shall obtain approval from the Architectural Committee for the setback reduction as stated in the deed records. The motion failed due to lack of a second: After further discussion, Chairman- Winship called for a second motion on the appeal. In accordance with Article 3.25 of the Unified Development Code, Board Member McMullen moved that Appeal No. ZBA 0212 -01, a Variance to reduce the required 25 -fcot side yard setback to 10-feet on property described as Tara Subdivision, Block 1, Lot 17, located north of Riata Drive and west of Roscher Road, be approved based on the Review Criteria of the Unified Development Code, Section 3.25.3. In addition, the approval is subject to the following condition: Prior to issuance of a certificate of occupancy, the owner shall obtain approval from the Architectural Committee for the. setback reduction as stated in the deed records. Motion was seconded by Board Member Spear and the motion passed with Board Member Pifieda voting no. K: 1Development5vcs 15HAREDIZGNINGgBA%2012 ZBA FAW2012 Minules102221228A Minutes.doc Zoning Board of Adjustment February 22, 2012 Page 3 Ms. Ramirez read New Appeals Item "b" into record (shown below), Ms. Ramirez stated United Rentals, Inc., the applicant, has requested a Special Use Exception for an above - ground fuel tank on the subject property. b. Appeal No. ZBA 0212 -02 (12- 11500002) United Rentals, Inc. requests a Special Use Exception for an above - ground fuel tank The subject property is described as Stockseth Tract, Block 1, Lot 1A, located south of Interstate Highway 37 and west of Hunter Road. Ms. Ramirez presented aerial views of the subject property known as Lot 1A and of the site plan. Ms. Ramirez continued that at the time the aerial photo was taken, the property was vacant. Ms. Ramirez continued the subject site was located in the western portion of the city and the surrounding area was light industrial zoning with vacant or commercial uses. The lot totaled 4.3 acres with the applicant occupying a building totaling 15,000 square feet. Ms. Ramirez stated the business operations require an above - ground fuel tank to re -fuel their rental equipment. Ms. Ramirez continued that according to the Unified Development Code, no action could be taken by the Board until the application was reviewed by the Technical Review Committee. Ms. Ramirez stated the Committee reviewed the application on February 8, 2012 and recommended approval of the request. Ms. Ramirez continued the application also had to be reviewed and approved by the Fire Marshall and it was approved. The applicant will also be required to obtain a permit from the City Fire Department. Ms. Ramirez continued three (3) notices were mailed to property owners within the notification area and no notices were returned in favor or in opposition and Staff recommended approval. The public hearing was opened with no one coming forward in favor or in opposition. The public hearing was closed. Chairman Winship called for a motion. In accordance with Article 3.12 of the Unified Development Code, Board Member Spear moved that Appeal No. 0212 -02, a Special Use Exception for an above - ground fuel tank on property described as a portion of Stockseth Tract, Block 1, Lot 1A, located south of Interstate Highway 37 and west of Hunter Road, be approved, based on Review Criteria of the Unified Development Code, Section 3.12.3. Motion was seconded by Board Member McCullum and the motion passed, IV. DISCUSSION AND POSSIBLE ACTION ITEMS Committee Report on Rules of Procedure Board Member Pineda stated the committee met and had 'discussed the current "Rules of Procedure" and had formulated revisions to present to the full board. Chairman Winship and Board Member Spear stated they had made additional notes to be included in the revisions, but felt it would be best to table discussion and action on the item until the next meeting to allow additional time for the committee to review the document again and to make sure it was what the committee wanted. After further discussion, it was moved by Board Member Spear and seconded by Board Member Pineda to table the item until the next meeting. Motion passed. Board Terms, Expiration and recommendation of Reappointments Miguel Saldaha, Development Services, addressed the Board. Mr. Saldana stated current board members eligible for reappointment had to decide if they wanted to be reappointed and alternate members had to decide if they wanted to be reappointed as alternates or as regular board members. Mr. Saldana continued that Board members should let Staff know their decision so the information could be K: 1DevelopmentSvcsISHAREDIZONING IZBA52012 ZBA Files12012 Minutes50222122BA MInUte6.dDC Zoning Board of Adjustment February 22, 2012 Page 4 IV. DISCUSSION AND POSSIBLE ACTION ITEMS (cont.) forwarded to the City Secretary's office. Ms, Ramirez reminded board members that the discussion had to be in the minutes. After a brief discussion, Board Members Hellums, Spear, McMullen and Pineda stated they wanted to be reappointed. Board Members McMullen and Pineda want to be reappointed as regular members instead of alternates. Board Recommendation of'NewAppointments Ms. Ramirez stated three (3) applications were forwarded from the City Secretary's office and were included in the packet for the board to review and make a recommendation. After a brief discussion, it was found that only one application was included in the packet, Ms. Ramirez stated she would forward the complete packet of applications for board members to review and discuss at the next meeting. No action was taken: V. ADJOURNMENT Motion to adjourn was made by Board Member Spear and seconded by Board Member Hellums, The motion passed and the meeting adjourned at 2:35 p.m. �M�aft MI&I Cohnifer Ram z Zoning Board of Adjustment Administrator Lind Williams Repo ding Secretary Date: M M f! /I Wl� Date, ao I K: 50evelopment $vcsISHAREDIZONING\ZBAl2012 ZBA Files12012 MlnuteMO222122BA Minutes-d=