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HomeMy WebLinkAboutMinutes Board Of Adjustment - 08/26/2015 MINUTES BOARD OF ADJUSTMENT MEETING CITY OF CORPUS CHRISTI City Hall Council Chambers 1201 Leopard Street August 26,2015 1:30 P.M. BOARD MEMBERS: STAFF: Burris McRee Andrew Dimas,ZBA Administrator Taylor Mauck Joseph Brice,Assistant City Attorney Cliff Atnip Catherine Garza,Recording Secretary John Douglas McMullen Heriberto(Tony)Pifteda 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 ABSENCES:Tony Pineda and Tim Voorkamp A motion was made by Mr. Mauck and seconded by Mr. McMullan to approve the absences from the July 22,2015 meeting.Motion passed with Mr.Karaca absent. III. APPROVAL OF MINUTES: July 22,2015 A motion was made by Mr. McRee and seconded by Mr. McMullan to approve the minutes as written. Motion passed with Mr. Karaca absent. IV. APPEAL—DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING 1. New Appeals Mr. Andrew Dimas, Development Services Department, read item "a" into record as shown below. Mr. Dimas presented several aerial views of the subject property. Mr. Dimas explained that Mr. and Mrs. Tingle hired a contractor to build an addition in the front of their home. After the addition was completed, code enforcement discovered that the construction was done without a permit and issued a citation. In January of this year, a set of building plans were submitted for an addition to the residence. City staff approved the plans and a building permit was issued by the City. However, what had been constructed by the contractor and what was shown on the plans were significantly incongruent. It was also discovered that inspections were not scheduled. The applicants are requesting the reduction of their front yard setback to allow for the completed addition to remain. Mr. Dimas informed the Board that 35 public notices were mailed. The department only received one notice returned in favor and zero returned in opposition. Staff recommends denial of the variance based on UDC standards but also wanted the Board to note that the conditions which created the need for the variance were due to the false pretenses made by the contractor. a. Appeal No.ZBA 0815-01 (15-12500010) Frank and Natasha Tingle,requests a Variance to reduce the required front yard setback for from 25 feet to 12.6 feet. The subject property is being described as Alameda Estates#3,Block 1, Lot 11 located on the south side of Clinton Drive,west of Estate Drive, and east of Everhart Road. Board of Adjustment Regular Meeting August 26,2015 Page 2 After staff s presentation concluded, Chairman Atnip opened the floor for public comment. Mr. Frank Tingle,the applicant/owner at 4225 Clinton,approached the Board and recalled the sequence of events. He expressed how this project has caused much stress, time and money in trying to correct. He asked the Board if they could be sympathetic in understanding their situation because they have exhausted all other options for resolution. Mr. Russell Douglas,owner of the property next door to Mr.Tingle,approached the Board. Mr.Douglas is not in favor of the variance and feels that it affects property values. Jeff Brown, on Estate Drive, addressed the Board, and is not in favor of the variance request. Mr. Brown believes that the construction is not built to code standards and worries about wind loads regarding hurricanes. At this time, Natasha Tingle, owner/applicant at 4225 Clinton, addressed the Board and clarified that the construction is windstorm certified. Mr. William turner, 4214 Estate Drive, addressed the Board. Mr. Turner stated the neighborhood has uniform setback requirements and most of the houses have the same appearance. He feels that the construction at the subject property ruins the integrity of the neighborhood. Mr. Turner also feels that this matter should remain an issue between the owner and the contractor. With no one else coming forward to address the Board, Chairman Atnip closed the hearing for public comment. After discussion and questions by the Board concluded, Chairman Atnip called for a motion. Mr.Pineda made a motion and seconded by Mr. Mauck to deny Item"a"based on the fact that the required findings cannot be made. Motion passed with Mr.Karaca absent. Mr. Dimas read Item "b" into record as shown below. Mr. Dimas presented several aerial views of the subject property. 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 15 public notices were mailed and the department did not receive any notices returned in opposition nor in favor. b. Appeal No.ZBA 0815-02 (15-12500009) Vincent G.Huebinger,requests a Variance to reduce the required 1.5x setback for a cell tower(187.5 feet to 162 feet)from a residential use. The subject property is being described as Kaler Addition,Block 3B,Lot 1, located on the south side of Up River Road,west of Savage Lane,and east of North Navigation Boulevard. After staff s presentation concluded, Chairman Atnip opened the floor for public comment. The applicant, Mr.Vince Huebinger at 1715 Capital Texas Highway,Austin Texas, addressed the Board. 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. Ms. Darlene Lee, owner at 5105/5107 Up River Road, addressed the Board to clarify where she is located adjacent to other properties in the vicinity. She has no opposition to the cell tower being installed on her property and can answer any questions the Board may have. Board of Adjustment Regular Meeting August 26,2015 Page 3 With no one else coming forward to address the Board, Chairman Atnip closed the hearing for public comment. After discussion and questions by the Board concluded, Chairman Atnip called for a motion. Mr. Voorkamp made a motion and seconded by Mr. McRee to approve Item"b"based on the fact that the required findings can be made. . Motion passed with Mr.Karaca absent. V. ADJOURNMENT With no further business to address,meeting adjourned at 2:25 p.m. Cliff Atnip, Chairman Andrew Dimas Board of Adjustment Administrator