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HomeMy WebLinkAboutMinutes Board Of Adjustment - 05/22/2013 � w MINUTES BOARD OF ADJUSTMENT MEETING CITY OF CORPUS CHRISTI City Hall Council Chambers 1201 Leopard Street May 22,2013 1:30 P.M. BOARD MEMBERS: STAFF: ` Bryan Johnson—Chairman Absent* Miguel S. Saldar3a,AICP,ZBA Administrator Morgan Spear—Vice Chairman Elizabeth Hundley,Assistant City Attorney Carl Hellums Absent* Catherine Garza,Recording Secretary John Douglas McMullen Kris Carpenter,Planning Technician Heriberto(Tony)Pifieda Cliff Atnip(Alternate) Taylor Mauck(Alternate) I. CALL TO ORDER Due to the absence of Chairman Johnson, Vice Chairman Spear was requested to chair the meeting. The meeting was called to order at 1:30 p.m.by Vice Chairman Spear and a quorum was declared. II. APPROVAL OF MINUTES 1. April 24,2013 Motion to approve minutes as written was made by Mr. Pineda and seconded by Mr. Atnip. All were in favor and motion passed. III. APPEAL—DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING Mr. Carpenter read New Appeal Item "a" into record as shown below. He informed the Board a correction to all three of the variances was made. The reduction from three feet is now changed to be five feet; there is no change to the 15 points required in the buffer yard. The 15 points will be retained by constructing a solid, six-foot tall, wooden screening fence. Several aerial views of the subject property were shown. 1. New Appeal a. Appeal No.ZBA 0513-01 (13-12500001) John Kendall,on behalf of Rissco,LLC,requests three Variances to reduce the rear yard setback from 40 feet to three feet,reduce the 2:1 slope building setback from 16 feet to three feet,and reduce the required buffer yard from 10 feet and 15 points to three feet and zero points. The subject property is described as Lot 8, Block 2,Ellendale Gardens No.3, located along the east side of Omaha Drive,approximately 560 feet south of Leopard Street. Mr. Carpenter informed the Board the owner had already purchased the storage building prior to the setback reduction, thus creating an economic hardship for him. As requested, the storage building needs to be placed on the property so trucks may have access to an existing gas cylinder/loading bay to an existing building. If the storage building is placed anywhere else on the property,they will not have access to these areas nor will the 18-wheelers have a sufficient turning radius. Mr. Carpenter stated one reply out of 32 notices was returned in favor, which was from the residence located directly behind the subject property. Mr. Carpenter stated the area, for the majority, is industrial; a 40-foot side and rear yard setback is required in an industrial district when the property is abutting a residential district. After City staff's presentation, public comment was opened by Vice Chairman Spear. Board of Adjustment Regular Meeting May 22,2013 Page 2 On behalf of the owner, Mr. John Kendall at 5866 S. Staples, Suite 330, introduced himself and presented several photographs detailing the interior of an existing machine shop on the property. Mr. Kendall explained that placing the storage building in a different location on the property is not a plausible option because of the complex layout of the machine shop which is also tapped into the same gas cylinder;reconfiguring the pipe lines of the shop would be too extensive. The owner,Jimmy Rissmiller at 658 Omaha, approached as part of public comment. He indicated to the Board that the setbacks, for the majority of all other neighboring businesses along Baldwin Boulevard,are uniform;the height of the storage building would decrease a lot of noise that would be considered a nuisance. Vice Chairman Spear then closed the public comment portion and asked for City staffs recommendation. Mr. Carpenter recommends denial of the variance request due to the fact there are no extraordinary, special conditions affecting the land, the need for the variance is not specific to the property and it is the result of the applicant's own actions. Discussion took place amongst the Board members to reach an action. In Mr. Atnip's opinion,the placement of the storage building on the property is logical and finds it difficult denying the variance request if he is trying to increase business and the neighbors have no objection Mr. Pineda asked for an explanation regarding Section 3.25.3.A. Required Findings, more specifically if the Board could divert from taking an action without all five findings. Mr. Saldana and Ms.Hundley clarified it is mandatory to grant the variance request based on all five findings as stated in the Unified Development Code. Upon this clarification, Vice Chairman Spear suggested to the Board they discuss each finding one at a time to clearly come to an agreement that each finding is met. The Board discussed each finding. Vice Chairman Spears called for a motion. Board Member Atnip made the first motion to approve the variance request. Mr. Atnip read the following motion along with its findings below: In accordance with Article 3.25 of the UDC, I move that Appeal No. ZBA0513-01, a variance to reduce the rear yard setback from 40 feet to five feet, reduce the 2:1 slope building setback from 16 feet to five feet, and reduce the required buffer yard from 10 feet to five feet on property described as Lots 7 and 8, Block 2, Ellendale Gardens No. 3, be approved, based on the determination that: 1. Extraordinary Conditions: There are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of the land. 2. No Substantial Detriment: Granting the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area, or the City in administering this Unified Development Code. 3. Other Property: The conditions that create the need for the variance do not generally apply to other property in the vicinity. 4. Applicant's Actions: The conditions that create the need for variance are not the result of the applicant's own actions. 5. Comprehensive Plan: Granting the variance would not conflict with the Comprehensive Plan. Board Member Pineda made the second motion; all were in favor. Motion passed with Board Member Johnson and Hellums absent. Board of Adjustment Regular Meeting May 22,2013 Page 3 IV. ADJOURNMENT Motion to adjourn was made by Mr. Spear and seconded by Mr. Pineda. Meeting adjourned at 2:12 p.m. r MigIVS. Saldafla, AICP, Senior Planner Board of Adjustment Administrator Catherine r Recording Secretary 'N • M rgan ar Vice C an K:\DEVELOPMENTSVCS\SHAPED\ZBA\2013\0513-01 JOHN KENDALL\0513-01 MINUTES.DOC