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HomeMy WebLinkAboutMinutes Board Of Adjustment - 10/22/2003 . A6 171818?O ZONING BOARD OF ADJUSTMENT MINUTES ,� a October 22,2003 0 C.71r Board Members Present: Peter Mahaffey, Chairman t„. SFO Thomas McDonald, Vice-Chairman Louis Alvarado �� 0. F1 tt LEa Charles Schibi Gene Clancy(Alternate) John Martinez(Alternate) Board Member Absent: Robert Broadway 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 for the Zoning Board of Adjustment at 1:35 p.m. and explained the procedure to be followed. Emil Barondeau, Jr.: Appeal No. ZBA1003-01 Request: A Special Yard Exception to reduce the front yard setback from 25 feet to 18 feet on Del Mar Subdivision, Block 39, Lot 19, located on the south side of Naples Street, approximately 200 feet west of Brownlee Boulevard. Mr. Saldana stated that the appellant, Mr. Emil Barondeau, Jr., is requesting a Special Yard Exception to reduce the front yard setback from 25 feet to 18 feet in order to finish the construction of a covered porch to his residence. Mr. Saldana described the location, land use, and zoning of the subject and adjacent properties by means of computerized slides. Mr. Saldana stated that the roof of the porch extends 7 feet into the 25-foot setback requirement. There are a couple of lots in the block that are 6 feet into the front yard setback but the majority of the homes are in compliance with the setback. No building permits were originally issued by the first contractor. Since then, another contractor has been hired to finish the construction. Thirty-two (32) notices were mailed to property owners within a 200-foot radius, of which five(5) were returned in favor and none in opposition. Chairman Mahaffey opened the public hearing. SCANNED Zoning Board of Adjustment Mies October 22,2003 Page 2 The appellant, Mr. Emil Barondeau, Jr., 613 Naples, stated that he lives in an older home. His homeowner's insurance required that he fix the brick that was coming off. The original concrete porch was pulling away from the house and the steps were different heights. They decided to construct a covered porch in an effort to remodel the house. He has received many compliments on the porch. He stated that there are 11 houses on his each side of the street, 8 of which have covered front porches, that being the standard of the time to have covered front porches. By approving the request, the porch would look natural with Del Mar's original look. He felt that each case should be evaluated independently. No one else appeared in favor. Ms. Dorothy Spann, 502 Del Mar, representing the Del Mar Neighborhood Association, appeared in opposition stating that it is the contention of the Association to maintain property values. Variances approved from the normal requirements decrease the total value of the properties. By approving the encroachment on the subject property, airflow would also be cut off because the streets are rather narrow. Ms. Spann gave a history of past variances approved in the area and the detrimental affect it has had on the neighborhood. She felt that projects clone themselves to where others will keep requesting other setbacks. She asked for the Board's support to maintain the integrity of the neighborhood. When keeping projects within the confines of the existing rules, it enhances the neighborhood and the community. It affects the whole neighborhood and offers some protection. She suggested a canopy over the porch which would not be a permanent structure. In answer to a questions regarding canopies, Mr. Saldana stated that a canopy would be in violation of the setback also. Dr. William Farmer, 622 Atlantic, also an officer in the Del Mar Neighborhood Association, appeared in opposition stating that his concern was the side view down the neighborhood should stay uniform making it a very attractive neighborhood. It maintains its historic appearance, it being the oldest neighborhood inside the City limits and will qualify for historic status qualifying for grants for the neighborhood and community in the future. They would like to keep the ambience of the neighborhood as it was originally conceived. No one else appeared in favor or in opposition, therefore,the public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that Staff has no objection to the request with the finding that the encroachment will not adversely affect the adjacent and neighboring properties. Staff recommends approval. If approved, an engineer will have to be hired to approve the windload. After a brief discussion, a motion was made by Schibi, seconded by Alvarado, that the request be approved limited to the encroachment shown on the site plan presented to the Board. Motion passed unanimously. Zoning Board of Adjustment Ives (110 October 22,2003 Page 3 John and Lynne Pezzi: Appeal No. ZBA01003-02 Request: A Special Yard Exception to reduce the 20-foot rear yard setback and 15-foot restrictive building line to 0 feet on Padre Isles, Section D, Block 1, Lot 9, located on the south side of Granada Drive, approximately 800 feet west of Leeward Drive. Mr. Saldafia stated that the appellants, John and Lynne Pezzi, are requesting a Special Yard Exception to reduce the 20-foot rear yard setback and 15-foot restrictive building line to 0 feet. The appellants are proposing to develop a vacant tract of land with multi-family development similar to existing uses in the area. The reason for the reduction in the rear yard setback is to build a concrete retaining wall and a swimming pool beyond the rear building line. Mr. Saldana described the location, land use, and zoning by means of computerized slides. He presented a site plan of the proposed development. Forty-four notices were mailed to property owners within a 200-foot radius, of which none were returned in favor and one(1) in opposition. Chairman Mahaffey opened the public hearing. No one appeared in favor. The appellants were not present at the meeting. Ms. Grace Buffalo, Board of Directors of the Sand Dollar One, adjacent to subject property, stated that they are opposed because of the 0 visibility. She was of the opinion that the development would block their view completely and devalue their property. After a brief discussion, a motion was made by Schibi, seconded by Clancy, to table the request until the November 19, 2003 meeting in order for the appellant to be present. Motion passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Board heard this case at the beginning of the meeting, then resumed with Case No. ZBA 1003-01. Circle"K" Stores: Appeal No. ZBA1003-03 Request: Alternative Compliance to the Landscape Regulations by reducing the landscape requirement on Padre Island No. 1, Block 27, Lot 8AR, located on the northeast corner of State Highway 361 and South Padre Island Drive. Mr. Saldafia stated that the appellant, Circle "K" Stores, was requesting an Alternative Compliance to the landscape regulations. The property is currently developed with an existing Circle K Store and is proposed to be demolished and rebuilt. Due to the shallowness of the lot, the owners cannot comply with the landscape requirement. The property is all concrete from property line to property line with parking backing up to State Highway 361. He presented Zoning Board of Adjustment/les October 22,2003 Page 4 slides of all adjacent businesses and landscaping surrounding the properties. He described the location, land use, and zoning by means of computerized slides. The appellant is proposing to provide some landscaping along both Park Road 22 and State Highway 361. The Landscape Review Committee reviewed the request on October 10, 2003 and recommended approval of the alternative landscape plan subject to the following three (3) conditions: 1) The area between the property lines and State Highway 361 and South Padre Island Drive(Park Road 22)must be either irrigated or covered with decorative rock. 2) The stamped concrete area indicated may be tinted with a reddish, sandstone, or similar color,but not to include greenish colors. 3) The dumpster location between the building and State Highway 361 is not permitted and must be relocated and screened from view. Mr. Saldana informed the Board that Condition #3 had already been met as shown on the updated site plan. The appellant is willing to comply with all three conditions. There were seven (7) notices 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. Mr. Chip Bonner, Executive Vice-President and General Counsel of SSP Partners, stated that the site has very limited space. They have been able to obtain additional parking to the east in order to build the store at the location. They have the maximum amount of space that they could obtain. By building the Circle K Store, they can greatly enhance the existing corner which has very limited landscaping now. He presented slides showing the site and landscaping. Mr. Robert Janneck, landscape architect for the project, stated that they are proposing to comply with the Landscape Ordinance. According to the Zoning Ordinance, they are allowed to have landscape pavers for the landscape area. They have done a combination of stamped concrete and heavy landscaping to meet the required landscaping. They have 2,000 points in heavy landcaping,which is significantly more than the 500 points required. No one appeared in opposition, therefore, the public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that Staff is favoring the Landscape Review Committee's recommendation for approval subject to the three (3) conditions stated above. Motion was made by McDonald, seconded by Martinez, that the request be approved subject to conditions recommended by the Landscape Review Committee. Motion passed unanimously. Zoning Board of Adjustment Ines October 22,2003 Page 5 Board Member Martinez (alternate) left after Appeal No. 1003-03 and Board Member Clancy(alternate)became an active member. * * * * * * * * * * * * * * * * * * * * * * * * * * * Lynda Achsa Janell Jones Appeal No. ZBA1003-04 Request: A Special Yard Exception to reduce the side yard setback from 10 feet to 1 foot on Lindale Subdivision, Section 3, Block 29, Lot 1, located on the northwest corner of Vaky Street and Reid Drive. Mr. Saldana stated that the appellant, Lynda Achsa Janell Jones, is requesting a Special Yard Exception to reduce the side yard setback from 10 feet to 1 foot in order to allow an accessory building to go beyond the 10-foot side yard building line setback. Mr. Saldana stated that all the neighboring lots have minimum side yard setbacks. He described the location, land use, and zoning by means of computerized slides. He pointed to the different setback violations on the property. He stated that after driving by the subject property, he figured the encroachment was more than 1 foot. Even if the Board were to grant the appeal, the appellant would still be in violation because the building is encroaching 10 feet and the overhang of the garage extends onto the public right-of-way. A surveyor would have to be hired to measure the property. Twenty-six notices were mailed to property owners within a 200-foot radius, of which four(4) were returned in favor and one(1) was returned in opposition. Mr. Saldafia explained that without the Board's approval, the appellant cannot obtain permits to bring the structure into compliance. Chairman Mahaffey opened the public hearing. Ms. Lynda Jones, appellant, stated that the garage is used as an art studio. She presented pictures of her art work. There was an existing concrete slab and she hired a contractor to build the art studio, not knowing she needed building permits. When she asked her contractor, he told her she did not need a permit for the structure. She felt the structure would help secure her property having it go up to the fence. After a lengthy discussion over the various setback violations and home occupation, a motion was made by Schibi, seconded by Clancy, that the request be tabled until the November 19, 2003 meeting in order for Staff to investigate the possible home occupation violation. Motion passed unanimously. Zoning Board of Adjustment Ales October 22,2003 Page 6 SR and ZSS Partnership Appeal No. 1103-05 Request: A Special Yard Exception to reduce the front yard setback from 20 feet to 10 feet on Port O'Call, Block 15, Lots 11 and 12, located on the north side of Fortuna Bay Drive, approximately 800 feet west of Spy Glass Drive. Mr. Saldana stated that the appellant, SR and ZSS Partnership, is requesting a Special Yard Exception to reduce the front yard setback from 20 feet to 10 feet in order to allow a four- car carport and a gazebo. He described the location, land use, and zoning of the area by means of computerized slides. He presented a site plan of the proposed development. The appellant is willing to cut carport down. The closest parking space is 10 feet from the property line and the second parking space is 7 feet. No building permits had been issued. Mr. Vrjee, appellant, 910 Corn Products Road, stated that he wanted to provide at least one covered parking space for each apartment unit. The gazebo is setback approximately 13 feet. With the carports being open, it would not obstruct the neighbors. No one else appeared in favor or in opposition, therefore,the public hearing was closed. After a brief discussion, a motion was made by McDonald, seconded by Schibi, that the request be tabled until November 19, 2003 to review conformance. 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 September 24, 2003 minutes as written. Motion passed unanimously. Zoning Board of Adjustment Mertes • October 22,2003 Page 7 ADJOURNMENT The meeting adjourned at 3:23 p.m. H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\111903ZBAMINUTES.DOC Zoning Board of Adjustment Allies *10 October 22,2003 Page 8 The October 22, 2003 Board of Adjustment Minutes were approved as written/amended on November 19, 2003. ATTEST: Peter B. Mahaffey, Chairman H:\PLN-DIR\ERMA\WORD\ZBA\M INUTES\I 1 I903ZBAM INUTES.DOC