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HomeMy WebLinkAboutMinutes Board Of Adjustment - 04/23/2003 • • • ^����a19202722��� BOARD OF ADJUSTMENT MINUTES NOV 2003 N' April 23, 2003 RECEIVED 1TY SECRETARY'S co OFFICE co Board Members Present: Peter Mahaffey, Chairman T�t9 cc' Thomas McDonald, Vice-Chairman �5 £Z Louis Alvarado Robert Broadway Charles Schibi Staff Present: Miguel S. Saldafia,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 10 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 Saldara, City Planner, stated that the appellant, Bradshaw and Bradshaw Construction, Inc., is requesting an additional 2 parking spaces, totaling the reduction to 10 parking spaces. On March 26, 2003, the Board had tabled this request in order for the appellant to refigure access to the property because according to the current zoning regulations, access to Compass Street is not allowed. They have decided to access from the adjacent property. There is an existing parking lot on Lot 28. He presented a site plan showing the proposed access. He stated that there is currently a proposed amendment to the `B-2A" Barrier Island District that will allow commercial development to access local streets that are across other nonresidential districts. Until that amendment is approved by Council, no access to Compass Street is allowed. Sixteen notices were remailed to property owners within a 200-foot radius, to which none were returned in favor and one (1) was returned in opposition. Board Member Broadway inquired when the amendment will be scheduled for City Council action. Mr. Saldafa responded that the amendment had been scheduled for discussion before the Planning Commission on April 23, 2003 and for action on May 7, 2003. The City Council first and second hearings have been scheduled for May 20th and 27t, respectively. SCANNED Board of Adjustment Minutes S • April 23,2003 Page 2 Board Member Broadway inquired if City Council approves the amendment, would the appellant be allowed to have access from Compass Street. Mr. Saldana responded positively, stating that although Mr. Bradshaw is a partner with the development on Lot 28, he is not the controlling partner. A different company is developing Lot 29 and they need their own separate entrance. Chairman Mahaffey asked what was on Lot 28, to which Mr. Saldana stated that it was an office complex with parking in the front. Mr. Saldana explained that the `B-2A" District does not allow access to a local street, unless it is a permitted "A-2" District use. If it is any other nonresidential use, access from another street is required. The reason being that there are some parts of Padre Island that are across from a residential zoning. The intent of the amendment was not to prohibit all access to all commercial property, but to protect the residential area. Unfortunately, it was passed, and technically, one can have a `B-2A" District across a local street and neither one can have access to a local street. Chairman Mahaffey opened the public hearing. Mr. Ronnie Voss, Sr., representing Bradshaw & Bradshaw, stated that they would revise the parking layout and submit it to the City upon approval of the amendment. Chairman Mahaffey questioned whey Mr. Bradshaw was granted a permit without meeting the parking requirements to begin with. Staff has no objection to the reduction of the parking from 14 to 10 parking spaces provided they submit a revised site plan showing the location of the 10 parking spaces. Staff also recommends that when the ordinance is approved, or the property is rezoned allowing them access to Compass Street, that they reconfigure their parking to provide 12 parking spaces instead of the 10. The public hearing was closed. Mr. Saldafia added that the building permit was issued a permit for a foundation only and subject to the Board of Adjustment granting them a special use exception. They knew they were short in parking so they only gave them a foundation permit and the appellant opted to proceed with the construction with only that permit. They were issued a red tag to stop construction. The appellant complied with the citation. After a brief discussion, a motion was made by Board Member McDonald, seconded by Board Member Broadway, that the request be approved for a parking requirement of 10 parking spaces with no access to Compass Street. If the property should be rezoned or the "B-2A" District be amended to allow access to Compass Street, then the appellant will be responsible for adding 2 parking spaces. Motion passed unanimously. Board of Adjustment Minutes II 0 April 23,2003 Page 3 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 March 26, 2003 minutes subject to revisions. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 1:50 p.m. Board of Adjustment Minutes • 0 April 23,2003 Page 4 The April 23, 2003 Board of Adjustment minutes were approved as written/amended on May 28,2003. ATTEST: Peter B. Mahaffey, Chairman H:1PLN-DIRIERMAIWORDIZBA\ IINUTES1042303ZBAMINUTES.DOC