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HomeMy WebLinkAboutMinutes Board Of Adjustment - 11/28/2012 MINUTES BOARD OF ADJUSTMENT Wednesday,November 28,2012 1201 Leopard Street,Corpus Christi,Texas V Floor,City Hall Council Chambers 1:30 P.M. BOARD MEMBERS: STAFF: Bryan Johnson—Chairman Miguel S. Saldafia,AICP,ZBA Administrator Morgan Spear—Vice Chairman Elizabeth Hundley,Assistant City Attorney Carl Hellums Catherine Garza,Recording Secretary John Douglas McMullen Heriberto(Tony)Pineda Cliff Atnip(Alternate) Taylor Mauck(Alternate)Absent* 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 Johnson at 1:30 p.m. and a quorum was declared.Mr. Saldana made the Board aware that as the alternate,Mr.Atnip would not be voting on today's case due to the attendance of five regular members. II. APPROVAL ABSENCES Chairman Johnson requested that his absence for the August 25, 2012 meeting be excused because he was out of town for a business related trip and Board Member Spear was out of town on vacation. Motion to approve both absences was made by Board member Pineda and seconded by Board Member Douglas. Motion passed with Board Member Mauck absent. III. APPROVAL OF MINUTES 1. August 25,2012 Motion to approve the August 25, 2012 minutes was made by Board Member McMullen and seconded by Board Member Hellums . Motion passed with Board Member Mauck absent. IV. APPEALS Mr. Miguel Saldana read New Appeal Item "a" into record as shown below. Several aerial views of the subject property were shown. K:XDEVELOPMENTSVCSASHARED\ZONING\ZBA\2012 ZBA FILES\2012 MINUTES\1112-01.DOC Board of Adjustment Regular Meeting November 28,2012 Page 2 1. New Appeals a. ZBA 1112-01 (12-11500006) A.C.Distribution Inc.requests a Special Use Exception for an 18,000-gallon above ground fuel tank and dispensers The subject property is described as CAJA Industrial Development Block 1,Lot 2F,located north of Bear Lane and approximately 400 feet west of North Padre Island Drive(SH 358). Mr. Saldana continued that the subject property is designated as a commercial/light industrial use and the tank would be used to fuel the company's vehicles. He also stated we did not receive any returned notices in opposition. After Staff s presentation, public comment was opened by Chairman Johnson; public comment was closed as there were no comments in favor nor opposition. Based on the fact that there are no oppositions and the request is compatible with other industrial uses, Staff does not have an objection to grant the Special Use Exception. No discussion took place amongst Board members and Chairman Johnson called for a motion. In accordance with Article 3.12 of the Unified Development Code (UDC), Board Member Pineda moved that Appeal No. ZBA 1112-01, a Special Use Exception for an 18,000-gallon above ground fuel tank and dispensers on property described as CAJA Industrial Development Block 1, Lot 2F, be approved, based on the determination that the use is in compliance with the regulation and standards of the UDC; it will have negligible impact on public on public infrastructure and services; it is not located within a residential area; adequate measures have been taken to reduce its adverse impacts. The motion was seconded by Board Member Hellums; motion passed with Board Member Mauck absent. V. DISCUSSION AND POSSIBLE ACTION ITEMS 1. Proposed revisions to Rules of Procedure Regarding Section 3, Duties of the Chair, Item (c), Board Member Spear suggests that staff schedule alternates based on attendance calls. Mr. Saldana clarified that in doing so, issues with the quorum arise when voting takes place on significant cases when there is a conflict of interest and a unanimous vote is needed. Board Member Spear then suggested if Staff can provide a list of alternates who have voted/served at past meetings. Mr. Saldana did not see an issue with that suggestion nor did Chairman Johnson. Regarding Section 3, Duties of the Chair, Item (f), Board Member Spear wanted clarification as to when the Chairman signs approved minutes. Mr. Saldana stated once minutes are approved at the meeting they can be signed at that point unless they have corrections. If corrections are needed, then the minutes would be signed at the next scheduled meeting for final approval. Ms.Garza would also need to modify current K:\DEVELOPMENTSVCS\SHARED\ZONING\ZBA\2012 ZBA FILES\2012 MINUTES\1112-01.DOC Board of Adjustment Regular Meeting November 28, 2012 Page 3 format of minutes to include a signature line for the chairman/presiding chairman along with the Board Administrator and Recording Secretary. Regarding Section 7, Alternate Members, Board Member Spear suggests adding "Item (c) "Chairman to be notified of absence ahead of time. Absence excused by Chairman and announced at meeting." Mr. Saldana stated he will need to get assistance from our legal department to ensure proper verbiage of the second sentence and make sure it is in compliance with City Council ordinance. Mr. Saldana added to not only notify the Chairman but also the recording secretary in order to ensure a quorum. Board Member Spear asked when the terms of newly appointed members begin. Board Member Spear also asked who selects the Chair and Vice-Chair. Mrs. Hundley referred the Board to Item (c) of Section 2, Composition of the Board, which states that ChairNice-Chair is selected by the Board members at the first meeting of the Board and yearly thereafter. Board Member McMullan made a motion to recommend approval of the proposed changes to the Rules of Procedure and Board Member Pineda made the second motion; motion passed with Board Member Mauck absent. Ms. Hundley reminded the Board that this item will come back before the Board one more time. VI. ADJOURNMENT Motion to adjourn was made by Board Member Spears and seconded by Board Member Hellum. Meeting adjourned at 2:09 p.m. Date Mig S. Sal na, CP. Senior Planner Board of Add.ustment Administrator Date Catheri a Garz Management Assistant 54 Date R.Bryan Johnson Chairman K:\DEVELOPMENTSVCS\SHARED\ZONING\ZBA\2012 ZBA FILES\2012 MINUTES\1112.01.DOC