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HomeMy WebLinkAboutMinutes Board Of Adjustment - 03/26/2003 • i 1a�92O27222 NOV 2003 N BOARD OF ADJUSTMENT MINUTES RECEIVED March 26,2003 l CITY SECRETARY «o o OFFICE rse eco �QSb£Z4� . Board Members Present: Peter Mahaffey, Chairman Thomas McDonald,Vice-Chairman Louis Alvarado Robert Broadway Charles Schibi Gene Clancy, Alternate Staff Present: Miguel S. Saldana, AICP, City Planner Joseph F. Harney,Assistant City Attorney Erma Ramirez, Recording Secretary CALL TO ORDER Chairman Mahaffey opened the public hearing at 1:35 p.m. in the Council Chambers at City Hall and explained the procedure to be followed. Bradshaw and Bradshaw Construction, Inc.: Appeal No. ZBA0303-01 Request: A Special Use Exception to reduce the parking requirement from 14 parking spaces to 12 parking spaces on Island Fairway Estates, Block 42, Lot 27, located on the east side of Compass Street, approximately 400 feet south of Commodore Drive. Mr. Miguel Saldana, City Planner, stated that the appellant, Bradshaw and Bradshaw Construction, Inc., is requesting a reduction of the parking requirement in order to develop a low-volume office building. Mr. Saldana described the surrounding land use by a computerized slide presentation and presented a site plan of the proposed development. He stated that the construction of an office building is currently underway. Under a `B-2A" District there is a parking requirement of 14 parking spaces and a 20-foot landscaped setback. Based on their frontage from the distance of the front of the building to the 20-foot setback, only 12 parking spaces can be accommodated. One of the problems encountered is that Compass Street is designated as a local street, and when the `B-2A" District was amended, access to a local street was prohibited unless the property was being developed with "A-2" Apartment House District uses. Being that this property is being developed with an office building, the office building should not be allowed access to Compass Street. A solution would be to connect to the existing parking area to the north and access Compass from there. The Board could grant the parking exception to allow him to reduce parking space but could not allow him access to Compass Street. SCANNED Board of Adjustment Minutes March 26,2003 Page 2 Sixteen (16) notices were mailed to property owners within a 200-foot radius, of which none were returned in favor and one(1)was returned in opposition. Board Member Alvarado inquired if the appellant had already resolved the issue on access, to which Mr. Saldana responded negatively stating that he had spoken with the appellant's representative and that was his concern. At this time, the only issue before the Board was the special use exception to reduce the parking. Board Member Schibi inquired if the 20 feet was consistent with the neighboring office complex or if the 10-foot landscaped area was allowed. Mr. Saldana explained that when the plans came in for the landscape, they showed a 20-foot landscape area but the dimension was taken from the curb line instead of the property line making it a violation. Board Member Alvarado inquired what type of office use was proposed. Mr. Saldana responded that he did not know, but as an office the parking requirement is one (1) parking space for every 250 square feet of gross floor area. Chairman Mahaffey opened the public hearing. Mr. Ronnie Voss, Sr., representing Mr. Bradshaw, stated that Mr. Bradshaw is not in violation of the landscape because that was the way it was permitted. Mr. Bradshaw along with two other associated companies own Lots 28 and 29 north of the subject property. It is very possible that the two properties could be sold not providing access as required by the `B-2A" zoning. When Lots 28 and 29 were permitted they were both allowed 10 feet of landscaped areas. When a permit was requested for the subject property, they were told that they needed 2 more parking spaces and a 20-foot setback which is inconsistent with what is already out there. This project has been permitted and is under construction. He had just been notified that he could not have access from Compass Street. He felt that the project should have never been permitted or that they should have been notified earlier before construction. Chairman Mahaffey asked if he were allowed access, would there be another request for fewer parking spaces. Mr. Voss responded that he would have fewer spaces because it falls on the narrow part of the lot, not the longer part. The requirement of the 20-foot landscape area will not allow 14 spaces of parking. It was his understanding that the 20-foot setback would be along South Padre Island Drive and not off interior streets. The 20 feet are not consistent with the neighboring office complex where a 10-foot landscape area was allowed. Reverting to a 10-foot landscape area in the front which is consistent with other properties along Compass Street would allow the two(2) extra parking spaces. Mr. Saldana stated that the appellant requested a reduction of 12 parking spaces because of the assumption that he would be able to get access to Compass St. Now that he has been informed that he will not be allowed access through Compass St., and if he wants access to the adjoining parking lot, that would take two more parking spaces. Instead of asking for a reduction 14 to 12, he would then ask for a reduction of 14 to 10 because he would not be able to put 2 BoaXd of Adjustment Minutes • III , March 26,2003 Page 3 parking spaces in the 20-foot landscape setback. He would lose 2 parking spaces to put up a two-way driveway from one parking lot to the other. Board Member Broadway asked what that would do the adjoining neighboring parking lot. Mr. Saldafia responded that he did not know. Chairman Mahaffey suggested tabling the request until the access could be resolved. The public hearing was closed. Motion by Board Member Broadway, seconded by Board Member McDonald, that the request be tabled until the April 23, 2003 meeting in order for the appellant to resolve access from the property, and that no fee be added to the applicant to readvertise. Motion passed unanimously. Brian D. Charles: Appeal No. ZBA0303-02 Request: A Special Use Exception to reduce the parking requirement from 9 parking spaces to 4 parking spaces on Hampton Addition, Block 1, being the north half of Lots 10 through 12, located on the west side of South Carancahua Street, approximately 75 feet north of Furman Avenue. Mr. Saldafia stated that the appellant, Mr. Brian D. Charles, is requesting a reduction of the off-street parking requirement in order to convert a residence into a small office with only 4 employees. Mr. Saldafia described the surrounding land use by a computerized slide presentation and presented a site plan showing the layout of the property. He stated that the appellant wants to restore the home to keep the integrity of the structure. He also plans to have a historical preservation designation and the Landmark Commission's liaison has indicated that this property is on their list. To the rear of the subject property is the Carriage House, which is part of the original development of the property. The applicant also wants to maintain and preserve the house, but to have the full 9 parking spaces would require that the Carriage House be removed to provide additional parking. On the other side of the rear yard, they are proposing to put three (3) parking spaces. Staff is more agreeable to allowing the two (2) parking spaces using the Carriage House than the one(1)parking space. Fourteen (14) notices were mailed to property owners within a 200-foot radius, of which none were returned in favor or in opposition. Board Member Broadway asked if the applicant is requesting 9 to 4 parking spaces or 9 to 5. Mr. Saldafia responded that there was an error on the application, but the site plan submitted indicated 6 parking spaces. One of the parking spaces was not valid, but there were two (2) parking spaces in the Carriage House making it five (5). What is before the Board is four (4), but if the Board wants to require five (5) or the full nine(9), it is up to the Board. Boakd of Adjustment Minutes • • , March 26,2003 Page 4 Chairman Mahaffey opened the public hearing. Mr. Brian Charles, owner of the subject property, stated that he owns a consulting firm and 90% of his work is out of city. He has four(4) employees including himself and does not have any walk-in traffic, other than UPS and the mailman. He is trying to preserve the integrity of the house and is trying to work it out to where he can keep some trees situated in the backyard, and also maintain the Carriage House located towards the back of the lot. He is asking for the exception to where they have room for parking plus one visitor. He would not have more than four cars parked at any given time. He is out- of-town most of the time, so there would only be three spaces taken. He also plans to have a historical certification with the national registry. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldafia stated that because the house is listed under the historic preservation as a potential landmark area, it would be a benefit to the City. Staff has no objection to reducing the parking from 9 parking spaces to 5 parking spaces. Chairman Mahaffey asked if approved, upon selling the property, would the exception go with it. Mr. Saldafia responded that if the property maintains the same use, the exception goes with it. He added that along both sides of Carancahua, there is on- street parking, so if at any point he needed more parking, there is room along the street. The public hearing was closed. Board Member Broadway was of the opinion that four parking spaces would be suitable, instead of five. The public hearing was reopened to hear comments from Mr. Brian Charles. Chairman Mahaffey asked if he had two spaces in the Carriage House, would it in anyway affect the historical portion of the Carriage House. Mr. Charles stated that he is not modifying the Carriage House. It has old sliding doors in the front and he wants to interested in preserving all aspects of it. It is a tight fit, and could not park two large cars, only smaller vehicles. He does not plan to enlarge his Staff, so as not to make major remodeling to the house. The only thing he has done is add an ADA compliant restroom, and in the process lost the kitchen. As far as the rest of the house, all the rooms will be maintained at their present state. The public hearing was closed. After a brief discussion, a motion was made by Board Member Broadway, seconded by Board Member McDonald, that the request be approved for four (4) parking spaces. Motion passed unanimously. Board of Adjustment Minutes llilv • . March 26,2003 Page 5 Juan Enrique Mejia: Appeal No. ZBA0303-03 Request: A Special Yard Exception to reduce the required front yard setback from 25 feet to 17 feet on Port Aransas Cliffs, Block 213D, Lots 1 through 4, located on the northwest corner of Rossiter and Manitou Streets. Mr. Saldana stated that the appellant, Juan Enrique Mejia, is requesting a reduction in the front yard setback from 25 feet to 17 feet in order to allow the remodeling of the existing house which will entail an addition to the front. He described the surrounding land use by a computerized slide presentation and presented a site plan of the property. The existing porch is encroaching 8 feet. The appellant wants to extend the proposed addition along that encroachment line. He added that the existing encroachment is grandfathered. Twenty-three (23) notices were mailed to property owners within the 200-foot radius, of which none were returned in favor and one(1)was returned in opposition. Board Member McDonald inquired if there were any other encroachments in the neighborhood. Mr. Saldana stated the property next door has a 1-car garage which is being used for storage in the front yard,but since the house is under construction, it might be temporary. Mr. Saldana added that the letter submitted in opposition comes from almost the end of the 200-foot notification area on the opposite side of Manitou Street. Chairman Mahaffey opened the public hearing. Mr. Raymond Gignac, architect for the residence, presented an existing survey. The existent encroachment is like a broken appendage. He pointed to the site plan, and explained what they propose to do is straighten it out without going beyond what is already there. In his opinion, the next door structure is a garage, which will probably remain. They had 3 different architectural plans, and they opted to move forward with the one closest to the neighborhood character. Mr. Juan Enrique Mejia, owner of the property, stated that the neighborhood could use some improvement and it would really help them to reconfigure the space. The neighborhood has a great deal of vegetation, so, while driving by the house would not stick out because of all the greenery. The house immediately next door look like the same distance further down the block. So it would fit in into the neighborhood in general. He added that the subject property would be his primary home. Mr. Brian Charles, owner of the house directly across the street on Manitou and Rossiter, stated that he was in favor of any improvement in the neighborhood. The project at hand would not devalue his property, instead would increase it. Board of Adjustment Minutes ‘11110 *MO . March 26,2003 Page 6 The public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that since the encroachment only goes to its current level and only two rooms are encroaching, Staff has no objection to allowing the encroachment subject to the site plan submitted. A motion was made by Board Member Alvarado, seconded by Board Member Schibi, that the request be approved subject to the submitted site plan. NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. APPROVAL OF MINUTES A motion was made to approve the February 26, 2003 minutes as written. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 2:30 p.m. Board of Adjustment Minutes • • , March 26,2003 Page 7 The March 26, 2003 Board of Adjustment minutes were approved as written/amended on April 23, 2003. ATTEST: • Peter B. Mahaffey, Chairman H:U'LN-DIRIERMAIWORDIZBA\MINUTES1032603ZBAMINUTES.DOC