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HomeMy WebLinkAboutMinutes Board Of Adjustment - 09/24/2003 • • 40'1'18 192- ZONING BOARD OF ADJUSTMENT MINUTES September 24,2003 ..`� ' cRcOV1? Board Members Present: Peter Mahaffey, Chairman0' i44, Thomas McDonald, Vice-Chairman \a"°1- F 4ti. Louis Alvarado 9.92s, F� Robert Broadway e L -- Charles Schibi Gene Clancy(Alternate) Staff Present: Miguel S. Saldaria, AICP, City Planner Joseph F. Harney, Assistant City Attorney Erma Ramirez, Recording Secretary CALL TO ORDER Chairman Mahaffey opened the public hearing for the Zoning Board of Adjustment at 1:35 p.m. and explained the procedure to be followed. Holt Company of Texas: Appeal No. ZBA0903-01 Request: A Special Use Exception to allow the aboveground storage of fuel products on Cormar Industrial Tracts, being 13.236 acres of portions of Lots 1R and Lot 6, located on the south side of South Padre Island Drive, between Bush Avenue and Greenwood Drive. Mr. Saldaria stated that the appellant, Holt Company of Texas, is requesting a Special Use Exception to allow the aboveground storage of fuel products as an objectionable use. Mr. Saldaria described the location, land use, and zoning of the subject and adjacent properties by means of computerized slides. Mr. Saldaria stated that the Holt Company site has several locations on their property that have aboveground fuel storage tanks and presented a site plan depicting the six locations of the storage tanks. He stated that the subject property had recently been rezoned from an "I-2" Light Industrial District to an "I-3" Heavy Industrial District. The "I-3" District lists the storage of bulk fuel products as an objectionable use and requires Board of Adjustment approval. The Fire Department has reviewed the different sites and has no objection to their locations. Six (6) notices were mailed to property owners within a 200-foot radius, of which none were returned in favor or in opposition. Chairman Mahaffey opened the public hearing. SCANNED . Planning Commission Minutes • • September 24,2003 Page 2 Mr. Roland De Los Santos, Holt CAD Environmental Supervisor, stated that the Fire Department brought to their attention that they were in violation of storing aboveground storage tanks. They hired a local firm to designate different tracts to store their fuel. He stated that they sale and service heavy equipment, primarily the caterpillar. The storage tanks store used oil, bulk oil, and used antifreeze. They have several different operations, heavy equipment service, which services heavy equipment and a power service division, which works on energy units. They all have separate storage facilities. He added that it is their company's policy to have secondary containment on each of their storage tanks; either they are double-walled or have fabricated secondary temporary containment. No one else appeared in favor or in opposition and the public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that the Fire Department has no objection to the request. Since the property was recently rezoned to "I-3", and the property is surrounded by industrial uses, Staff had no objection to the Special Use Exception. A motion was made by Broadway, seconded by McDonald, that the request be approved limited to the areas noted on the site plan presented to the Board. Motion passed unanimously. Pradeep Padmanabhan: Appeal No. ZBA0903-02 Request: A Variance to reduce the side yard setback from 25 feet to 0 feet along the east boundary line on King Estates, Block 1, Lot 14, located on the north side of King Lane,west of King Trail. Mr. Saldafia stated that the appellant, Dr. Pradeep Padmanabhan, was requesting a Variance to reduce the side yard setback from 25 feet to 0 feet on King Estates, south of the extension of South Staples Street. The appellant would like to develop a single-family residence. The property is zoned "RE" which requires a 50-foot front yard setback and a 25-foot side yard setback. He described the land use and zoning by means of computerized slides. He pointed to a ditch or easement which has several utility poles. Mr. Padmanabhan is requesting to move his home closer to the neighboring property line away from the existing poles should they fall. He presented a letter submitted to Mr. Padmanabhan indicating approval from the architectural review committee from King Estates. They do not object to a 10-foot reduction. There were eleven notices mailed to property owners within a 200-foot radius, of which one (1) was returned in favor and one (1) in opposition. The notice in opposition is from the property owner across the street. . Planning Commission Minutes., II September 24,2003 Page 3 Board Member Alvarado was asked to excuse himself from discussion on the appeal due to his residence being in King Estates. Board Member Clancy (alternate) became an active member in the discussion. Board Member Clancy inquired if the ditch was a designated ditch, part of the Oso Plan. Mr. Saldafia responded that it was a public easement for drainage. Mr. Saldafia added that in talking to the appellant prior to the meeting, he stated that he is willing to accept the conditions of the King Estates architectural review committee and set the building back 10 feet. In answer to several Board Member questions, Mr. Saldafia stated that the wood poles are 20 to 25 feet tall. He added that they are utility poles, but did not know what company. Chairman Mahaffey opened the public hearing. Mr. Garron Dean, real estate broker, stated that the easement and ditch sit 50 feet off the existing lot, as does the utility easement. The lot measures 189' in front and 50' plus whatever the utility easement is at the end of the lot. He stated that the ditch is owned by the either City or County and goes down and across King Trail and into a wetlands area property to be developed behind King Estates. The house being built on Lot 13 is approximately 90 feet from the property line. The house on Lot 1 is already constructed and is in compliance with the 25-foot easement. Dr. Pradeep would like to move his house closer to the property line to give more protection to his children in the event that the ditch might overflow or poles might fall. Dr. Pradeep Padmanabhan, appellant, stated that he is requesting a reduction in the setback for the protection of his child. The ditch is very deep and falls inside the lot. He has not finalized the plans on the house until approval of the variance. He picked this lot because he would like to build a one-story house. Board Member Clancy inquired if the 0 foot reduction was granted, how close would he build his home. Dr. Padmanabhan responded 10 feet because he would like to build a fence. His builder told him he would not build anything closer than 10 feet. Mr. Dean added that the only two lots affected by the reduction are Lots 1 and 14. No one appeared in opposition,therefore,the public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldafia stated that Staff recommends denial based on the large width of the property. Also, the property across the street, which is narrower than the subject property, is under construction and it did not impede the developer in complying with the 25-foot side yard setback. Staff is of the opinion that it would not adversely affect the property owner, therefore, could not make a finding for approval. Planning Commission Minutes 41110 . September 24, 2003 Page 4 After a brief discussion regarding the notification of the prospective owner of Lot 13, Mr. Saldana stated that the homeowner's comment had no bearing on the case because Staff had no legitimate finding to recommend approval of the request. Board Member McDonald inquired as to the actual measurements of Lot 1 and the subject property. Mr. Saldana stated that the width on Lot 1 was 148 feet total, including the drainage easement and the 10' utility easement for the power lines. The subject property is 184.52 feet including the drainage and utility easements. Motion was made by Broadway, seconded by Schibi, that the request be denied. Motion passed unanimously. Board Member Alvarado returned to the meeting and Board Member Clancy was returned to his alternate capacity. Al Gonzalez: Appeal No. ZBA0903-03 Request: A Special Use Exception to reduce the off-street parking space requirement from 57 parking spaces to 30 parking spaces. The property is on Morris & Mitchell's Extension of South End Addition, Block 4, Lots 4 and 5, and Block 9, being the West 39.82 feet of Lot 3 and all of Lots 4 through 6, located on the southeast corner of Morris Avenue and South Brownlee Boulevard. Mr. Saldana stated that the appellant, Al Gonzalez, is requesting a Special Use Exception to reduce the off-street parking space requirement from 57 parking spaces to 30 parking spaces in order to convert an existing warehouse into a Boys and Girls Club. Mr. Saldana described the location, land use, and zoning by means of computerized slides. The appellant wishes to remodel the existing building but because of the size of the building there is limited space in which to provide the off-street parking. He has been able to use the existing area to provide approximately 30 parking spaces and presented the proposed site plan. Mr. Gonzalez is proposing to convert the concrete area in the front into parking spaces and then provide additional parking spaces to the south, which will be predominantly used by the employees. He is also proposing to add a swimming pool to the subject property. Forty-three notices were mailed to property owners within a 200-foot radius, of which three (3) were returned in favor and none in opposition. Chairman Mahaffey opened the public hearing. After asking about the location of the subject property, Board Member Broadway stated that he works for a company that is heavily involved with the Boys & Girls Club and felt he had an interest in the matter. He excused himself from further discussion and Board Member Clancy (alternate) became an active member in the discussion. Mr. Jesus Leija, architect for the project, explained that the subject property was a warehouse for an electrical supplier. The building has approximately 15,200 square feet. He . Planning Commission Minutes. • • September 24,2003 Page 5 presented a site plan of the proposed project which would include a swimming pool,boxing area, basketball area, study areas, kitchen, dressing rooms, senior citizens area, ping pong area, offices, and storage. The facility would be used to serve the community, so people would not be driving to the facility. Thirty parking spaces would be more than sufficient. They will not be having activities at night. He made a detailed presentation of the proposed project stating that everything would be ADA approved. The building will be very attractive with the hope that by improving this area it will entice others to do the same. They plan to have a privacy fence and landscaping all around the property. Chairman Mahaffey inquired if the Boys & Girls Club would have the funds to operate the building. Mr. Leija responded positively. Board Member McDonald stated that he owns some property three blocks from the subject property and felt he would have a conflict of interest in conflict in voting on the request. Board Member McDonald excused himself from further discussion. Mr. Saldafia added that in the new site plan submitted, another parking space had been added, for a total of 31 parking spaces. The parking for any other community center would most likely be enforced, but for a center geared for boys and girls, who are mostly under driving age, less parking could be considered. Most children would be walking or be driven to and from the center. No one else appeared in favor or in opposition. The public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldara stated that Staff has no objection to the reduction of parking spaces provided it is limited to a nonprofit community center. Motion by Schibi, seconded by Alvarado, that the request be approved for the reduction of off-street parking from 57 parking spaces to 31 parking spaces as per the site plan submitted to the Board, limited to a nonprofit community center. Motion passed unanimously. 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 August 27, 2003 minutes as amended. Motion passed unanimously. - Planning Commission Minutes. • September 24,2003 Page 6 OTHER MATTERS Board Member Alvarado requested an excused absence for the August 27, 2003 meeting due to a family emergency. A motion was made by Schibi, seconded by Clancy, that the request be approved. Motion passed unanimously. A motion was made by Schibi, seconded by McDonald, that Broadway be excused from the August 27, 2003 meeting due to business purposes. Motion passed unanimously. * * * * * * * * * * * * * * * * Mr. Saldana informed the Board that an appeal would be received to reduce the landscape regulations. As part of the landscape regulations, a Landscape Review Committee has to meet, review, and make a recommendation to the Board of Adjustment. One of the members of that Committee is the Chairman of the Zoning Board of Adjustment or designee. He requested the Chairman select a member of the Board, if not he. Chairman Mahaffey appointed Clancy to be the Zoning Board of Adjustment's representative. * * * * * * * * * * * * * * Board Member Broadway inquired why the AT&T appeals been withdrawn. Mr. Saldana explained that Mr. Clark Ford had received a letter from AT&T pulling all 1,500 sites for cell towers from the different states. Everything was placed on hold until maybe next summer. * * * * * * * * * * * Mr. Saldar3a informed the Board that there is a proposed Zoning Ordinance text amendment regarding explosive businesses located in "I-2" District. The amendment will require the businesses to obtain Board approval. ADJOURNMENT The meeting adjourned at 3:00 p.m. H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\092403ZBAMINUTES.DOC - Planning Commission Minutest • September 24,2003 Page 7 The September 24, 2003 Board of Adjustment Minutes were approved as written/amended on October 22, 2003. ATTEST: Peter B. Mahaffey, Chairman H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\092403ZBAMINUTES.DOC