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HomeMy WebLinkAboutMinutes Board Of Adjustment - 07/22/2015 MINUTES BOARD OF ADJUSTMENT MEETING CITY OF CORPUS CHRISTI City Hall Council Chambers 1201 Leopard Street July 22,2015 1:30 P.M. BOARD MEMBERS: STAFF: Burris McRee Andrew Dimas,ZBA Administrator Taylor Mauck Julian Grant,Assistant City Attorney Cliff Atnip Catherine Garza,Recording Secretary John Douglas McMullen Heriberto(Tony)Pineda* Shawn Karaca(Alternate) Tim Voorkamp(Alternate)* *absent I. CALL TO ORDER Chairman Atnip declared a quorum and the meeting was called to order at 1:30 p.m. II. APPROVAL OF MINUTES:May 27,2015 A motion was made by Mr. Karaca and seconded by Mr. McRee to approve minutes as written. Motion passed with Mr.Pineda and Mr.Voorkamp absent. III. APPEAL—DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING Mr. Andrew Dimas, Development Services Department, read item "a" into record as shown below. Mr. Dimas presented several aerial views of the subject property. He informed the Board that the property is currently vacant and under development. He also relayed to the Board that the owner was granted a Special Permit by City Council in March of 2014 with conditions establishing the 35-foot setback and 15-foot buffer yard. Mr. Dimas explained that 45 public notices were mailed and four(4)notices were returned in opposition. Staff is recommending denial of the variance request because it does not meet the specific required findings;the insufficient findings of a self created hardship and development frustration. 1. New Appeals a. Appeal No.ZBA 0715-01 (15-12500004) The Storage Company,LLC,requests a Variance to reduce the required rear yard setback from 35 feet to 20 feet and the removal of a required 15 foot buffer yard along the western propeLty line. The subject property is being described as Gardendale,Block 10,Lot 71), located on the north side of Holly Road,west of South Staples Street,and south of Cain Drive. After Staffs presentation concluded, Chairman Atnip opened the floor for public comment. Mr. Rudy Medina, 5413 Cain Drive/5417 Cain Drive, addressed the Board. Mr. Medina stated that he is in opposition of this variance request. After discussion and questions by board members concluded, Chairman Atnip called for a motion. Mr. McMullen made a motion to deny item "a" based on the fact that the required findings cannot be made. The motion was seconded by Mr.Karaca. Motion passed with Mr.Pineda and Mr.Voorkamp absent. Mr. Dimas read item "b" into record as shown below. Mr. Dimas presented several aerial views of the subject property. The subject property is currently vacant and has a proposed 85-foot cell tower to be installed. The cell tower will not meet the required 127.5 foot setback due to the proximity of Christiwood Board of Adjustment Regular Meeting July 22,2015 Page 2 Apartments. The distance from the cell tower to the nearest apartment is 89 feet. Mr. Dimas explained to the Board that the Unified Development Code (UDC) states City Council may allow a cell tower be installed within the required setback if it is built to substantially higher wind load standards. Since the proposed cell tower is designed to withstand wind speeds of 130 mile per hour, the setback may be reduced. Therefore, Staff recommends approval of the variance request. Mr. Dimas informed the Board that eight (8) public notices were mailed and the department did not receive any notices returned in opposition nor in favor. b. Appeal No.ZBA 0715-02(15-12500006) Vincent G.Huebinger,requests a Variance to reduce the required 1.5x setback for a cell tower(127.5 feet to 89 feet)from a residential use. The subject property is being described as Candlewood Annex,Block 4,Lot 20,located on the north side of Holly Road and east of Airline Road. After Staff s presentation concluded, Chairman Atnip opened the floor for public comment. Mr. Vincent Huebinger, 1715 Capital Texas Highway, Austin Texas, addressed the Board. Mr. Huebinger represents the owner and Verizon Wireless. He reiterated to the Board that he assures the construction of the cell tower will be built to sustain a wind load of 130 miles per hour and can answer any questions they might have. Mr. Huebinger showed a power point presentation to illustrate how the site was selected by Verizon due to the additional bandwidth by cell phone users. After discussion and questions by board members concluded, Chairman Atnip called for a motion. A motion was made was made by Mr.Karaca to approve item"b"and seconded by Mr.Mauck, based on the fact that the required findings can be made. Motion passed with Mr. Pineda and Mr. Voorkamp absent; with Mr.McBee abstaining. Mr. Dimas read item "c" into record as shown below. Mr. Dimas presented several aerial views of the subject property. The use on the subject property is currently a 2,200 square foot single-family home located in the "RE"Residential Estate District. He stated the owner chose the placement of the accessory building on his property in order to make turning capabilities easier for his motor home; placing the accessory building in the appropriate and conforming location would prevent the owner's future construction of an in-ground pool/spa. It was also noted that the location the owner wishes to place the accessory building would be in the spray area of the aerobic septic system. Mr. Dimas informed the Board that seven (7) public notices were mailed and the department did not receive any notices returned in opposition but did receive two (2) notices in favor. Staff recommends denial of the variance request because the required findings cannot be made, more specifically, it is a self created hardship and the development objectives of the property owner are or will be frustrated. c. Appeal No.ZBA 0715-03(15-12500007) William L.Rodgers,requests a Variance to reduce the required side yard setback from 25 feet to 5 feet for the purpose of an accessory building. The subject property is being described as Cornerstone Unit 1,Block 3,Lot 8,located at the intersection of Cornerstone Drive and Emmaus Drive,and east of Meeks Road. After Staffs presentation concluded,Chairman Atnip opened the floor for public comment. Owner,Mr. William Rodgers at 1010 Cornerstone Drive,addressed the Board. Mr.Rodgers further explained the issue of the septic system. He has consulted with a septic engineer and not for see a problem. After discussion and questions by board members concluded, Chairman Atnip called for a motion. A motion was made by Mr.Karaca to deny item"c"and seconded by Mr.McMullen based on the fact that all of the required findings cannot be made. Motion passed with Mr.Pineda and Mr.Voorkamp absent. Board of Adjustment Regular Meeting July 22,2015 Page 3 Mr. Dimas read item "d" into record as shown below. Mr. Dimas presented several aerial views of the subject property. The property is currently vacant and is a proposed single-family subdivision. Mr. Dimas stated the variance request is because of a 15 foot pipeline easement in the rear yard of Lots 1 -13 of Block 2. The pipeline easement has created an issue preventing multiple models of homes from being constructed by the owner. He informed the Board that 33 public notices were mailed and the department received one notice in favor and one notice in opposition. Staff recommends approval of this variance request. d. Appeal No.ZBA 0715-04(15-12500008) Moses Mostaghasi,requests a Variance to reduce the required front yard setback from 25 feet to 20 feet for single family residences. The subject property is being described as Overland Meadows,Unit 6, Block 2,Lots 1 —13,located on the west side of Gold Rush Lane,east of McKinzie Road,and south of Pioneer Drive. After Staff's presentation concluded,Chairman Atnip opened the floor for public comment. Mr.Moses Mostaghasi,P.O.Box 331308,addressed the Board. Mr.Mostaghasi further explained the easements shown to help clarify for the Board the obstacle he faces for development. After discussion and questions by board members concluded, Chairman Atnip called for a motion. A motion was made by Mr. McRee to approve item"d" and seconded by Mr. Mauck,based on the fact that the required findings can be made. Motion passed with Mr. Pineda and Mr. Voorkamp absent; with Mr. Karaca abstaining. IV. ADJOURNMENT With no further business to address,meeting was adjourned at 2:30 p.m. Cliff Atnip Chairman Andrew Dimas Board of Adjustment Administrator