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HomeMy WebLinkAboutMinutes Board Of Adjustment - 04/22/2015 AGENDA BOARD OF ADJUSTMENT MEETING CITY OF CORPUS CHRIST[ City Hall Council Chambers 1201 Leopard Street April 22,2015 1:30 P.M. BOARD MEMBERS: STAFF: Cliff Atnip Miguel S. Saidafia,AICP, ZBA Administrator Burris McRee Julian Grant, Senior Assistant City Attorney Taylor Mauck Linda Williams, Recording Secretary John Douglas McMullen Heriberto (Tony) Pifieda* Shawn Karaca (Alternate) Tim Voorkamp (Alternate) *Absent I. CALL TO ORDER The meeting was called to order at 1:30 p.m. by Miguel S. Saldafia, Zoning Board of Adjustm6nt Administrator and a quorum was declared. [I. ELECTION OF OFFICERS Mr. Saldaha opened the floor for nominations for chairman. Board Member Taylor Mauck nominated Cliff Atnip for chairman. There being no other nominations, the nominations were closed. Mr. SaIdafia called for a motion. Motion to approve the nomination of Cliff Atnip as Chairman was made by Board Member Taylor Mauck and seconded by Board Member Karaca. Motion passed with Board Member Pifieda absent. Chairman Atnip opened the floor for nominations for Vice Chairman. Board Member McMullen nominated Taylor Mauck to be Vice Chairman. There being no other nominations, the nominations were closed. Chairman Atnip called for a motion. Motion to approve the nomination of Board Member Taylor Mauck as Vice Chairman was made by Board Member McMullen and seconded by Board Member McRee. Motion passed with Board Member Pifieda absent. Ill. APPROVAL OF MINUTES 1. November 19, 2014 Meeting The minutes will be approved at the May 27, 2015 meeting. IV. APPEAL—DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING New Appeal Mr. SaIdafia read New Appeal Item "2" into record as shown below. Several aerial views of the subject property were shown. Mr. SaIdai5a stated the purpose of the applicant's request to appeal is to reduce the required front yard setback from 20 feet to 14.5 feet. 2. Appeal No.ZBA 0415091 (15-12500003) John R. Dykema, Jr.,AIA: Requests a Variance to reduce the required front yard setback from 20 feet to 14.5 feet. The subject property is being described as Naval Center Addition No. 2, Block 1, Lot 12A, located east of Naval Air Station Drive, approximately 100 feet north of Jester Street(427 and 433 NAS Drive). ' ~Board of Adjustment Meeting April 22,2015 ^ Page KV' APPEAL—DISCUSSION AND POSSIBLE ACTION ONTHE FOLLOWING The subject property currently has two buildings on the property. The north building (427 NAS Drive has o setback of17.2feet and the south building (433 NAS Drive) has a setback of10'0feet. Mr. Sa[daha stated the north building has been at this location since the area was annexed into the city in 1982. &1tSa|daha continued the building's encroachment is nonconforming and is allowed to remain at that location until it |s either removed ordestroyed by 50percent Ormore, Mr. Sa/danastated the south buOdimo is a new building that replaced an old apartment building and it was placed closer to the front ' property line than the north building. Mr. SaNafia continued that iOSeptember 2O1O. an app|icedimn, along with building p|ams, were submitted fora commercial shell bW||ding, but the plans were later rejected in October 2010. Mr. Sa|daha stated the building was constructed without a building permit and no inspections were done since apermit was never issued. &8r. Sa|daha stated public notices were mailed to fifty (50) owners within the notification area and no notices were returned in favor or opposition. Mr. Sa|daha stated Staff recommends denial of the variance request toreduce the required front yard setback from 2Ofeet[o14.5feet based onthe fact that it does not meet all five of the required findings as established by Section 8.25.8.A of the Unified Development Code. After Staffs presentation concluded, Chairman A1nip opened the floor for public comment. In favor of the vmhmnoa request, John Dvkamo, representative for the applicant, addressed the board. Mr. Dykema presented anaerial view ofthe two buildings onthe subject property. Mr. Dykema stated when the second building was constructed at its current location, no permit was pulled. Mr. Dykema continued that the owner has a potential buyer for the property, and as pad of the procemm, the property was surveyed. Mr. Dykema stated the new survey showed the problems with the setbacks. Mr. Dykema continued the property owner was informed that the setback issue had to be resolved before the property was purchased and that is why the applicant submitted the request. If the variance request is not approved, the sale ofthe property will not bncompleted. After further discussion and comments by board members concluded, Chairman Atnip called for a motion. Motion to deny the variance request to reduce the required front yard setback from 2b feet to .^ 14.5 feet based on -the fact that the required findings cannot be made was made by Board Member McMullen and seconded byBoard Member W1ouck. Motion passed with Board Member Pifindmabsent. Mr. Saldafia stated for the May meeting, the Board will have training on the rules and procedures for the new members to better understand that the action the board takes is not appealed to City Council, but\tinappealed toDistrict Court. Julian Gnsnt, Legal Staff, stated this imthe only city board that has judicial powers. ' V. ADJOURNMENT Meeting was adjourned at 2:20 p.m.