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HomeMy WebLinkAboutMinutes Board Of Adjustment - 01/28/2004 ler 411, le Iszt ZONING BOARD OF ADJUSTMENT MINUTES N17,k ff1I1 Fa2 January 28,2004 N °4 ; ?aki1/4" Board Members Present: Peter Mahaffey, Chairman `9s� 66ti� Thomas McDonald, Vice-Chairman Z t v£ Robert Broadway Gene Clancy(Alternate) Board Members Absent: Louis Alvarado 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 for the Zoning Board of Adjustment at 1:30 p.m. and explained the procedure to be followed. Braselton Homes—King's Crossing, Ltd.: Appeal No. ZBA0104-01 Request: A Special Yard Exception to reduce the front yard setback from 25 feet to 24 feet on King's Crossing No. 15, Block 61, Lot 20, located on the northwest corner of Beauvais Drive and Grenade Street. Mr. Saldafia stated that the appellant, Braselton Homes — King's Crossing, Ltd., is requesting a Special Yard Exception in order to correct a surveying error. Mr. Saldafia described the location, land use, and zoning by means of computerized slides. The existing house is encroaching five (5) inches into the 25-foot setback. The property fronts on Grenade and Beauvais Drives. He presented the submitted site plan depicting the location of the encroachment along Grenade Drive. The setback along Beauvais is conforming. Four (4) 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. Mr. Fred Braselton, 5337 Yorktown Blvd., explained that the concrete subcontractor mistakenly measured from the sidewalk, therefore, located the house too close to the street. Mr. Braselton requested a waiver to allow the side yard requirement to remain 24.5 feet along the subject lot. SCANNFn No one else appeared in favor or in opposition, and the public hearing was closed. %PO `111110 Zoning Board of Adjustment Minutes January 28,2004 Page 3 Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that sincere there was no opposition from residents, and the encroachment was only 5-1/2 inches, Staff had no objection to the request. Motion was made by Broadway, seconded by Clancy, that the request be approved subject to the site plan submitted and that the subject property be replanted within 180 days from the date of Board's approval. Motion passed unanimously. Servo-Dynamics,Inc.: Appeal No. ZBA0104-02 Request: A Special Use Exception to allow the storage of explosive material on Flour Bluff and Encinal Farm and Garden Tracts, Section 21, being .449 acre out of Lot 25, located south of Road P and west of Bay Drive. Mr. Saldana stated that the appellant, Servo-Dynamics, Inc., is requesting a Special Use Exception to allow the storage of explosive material. He described the location, zoning, and land use by means of computerized slides. He also presented a site plan submitted by the appellant depicting the storage location of explosive material. Mr. Saldana stated that the facility has only one(1)bunker in use. Six (6) notices were mailed to property owners within a 200-foot radius, of which none were returned in favor or in opposition. The representative submitted a notice in favor. Chairman Mahaffey opened the public hearing. Mr. Michael DeShields, 5929 Norvell Drive, representing Servo-Dynamics, Inc., stated that in 22 years of business they have not had any incidents with the explosives. He explained that in order to set off the explosives, they require igniters. The igniters, in turn, require electricity to set them off. In answering Board Member's concerns, Mr. DeShields responded that the igniters contain approximately 2/3 of a gram of explosive material. It is not confined and does not explode. He explained that a firecracker is confined, so it explodes when it goes off, but the igniter is more like a cylinder that shoots fire. He did not know how far it would shoot the fire. In the last ten years, the most they have stored is 110 igniters which is 3 grams of explosive material. Mr. George Murcko, Fire Department Inspector, stated that he had inspected the storage of explosives and appeared to be safe. Together with ATF out of San Antonio, the City Fire Department is gathering information on all companies storing explosives. Mr. Murcko stated that he was not knowledgeable on the subject, but in talking with ATF they have no problem with the amount of explosives, the location, or the way they are stored. Mr. John Ergwell, 4940 Shadow Bend, retired with Corpus Christi Police Department 4110 *Pi Zoning Board of Adjustment Minutes January 28,2004 Page 4 Bomb Squad, appeared in favor. He explained that if it was actual blasting caps, it would contain a lead laicide, which is a high explosive. If it was nitroglycerine based dynamite, there would be a problem. Basing on the information given by Mr. DeShields, he felt that there was no problem, especially being in an industrial area. 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 Staff does not object to the request since there was no opposition from residents, and only one (1) magazine was in use. If the use of the second bunker/magazine was needed at a later date, Servo-Dynamics would again have to come before the Board. After a brief discussion, a motion was made by McDonald, seconded by Broadway, that the request be approved subject to the site plan submitted and limited to the use of only one (1) bunker/magazine. Motion passed unanimously. FESCO, Ltd.: Appeal No. ZBA0104-03 Request: A Special Use Exception to allow the storage of explosive material on Ellendale Gardens No. 3, Block 3, Lots 8 and 9 and Block 4, Lots 7, 8, and 9, located between Flood Street and Omaha Drive, north of Baldwin Boulevard. Mr. Saldana stated that the appellant, FESCO, Ltd., has requested a Special Use Exception to allow the storage of explosive material. He described the land use, zoning, and location of the subject property by use of computerized slides. He presented a site plan submitted by the appellant showing the location of the bunkers/magazines used for the storage of explosives. The explosives are stored in the shop area to the rear closer to Flood Street. The appellant provided pictures of the explosives stored which are 1.4 explosives. Mr. Saldana stated that there are existing residences in close proximity to the facility along Flood Street. Eighteen notices were mailed to property owners within a 200-foot radius, of which one (1)was returned in favor and one (1)was returned in opposition. Chairman Mahaffey opened the public hearing. Mr. Randy Winters, Manager at FESCO, Inc., presented a jar with sand showing the amount of black powder contained in their storage bunkers. They are 4 ounces of black powder which is 115 grams which are contained in 17 shells used in down hole work. The amount stored is equivalent to 3-1/2 boxes of shotgun shells. He stated that they have met all the requirements of the City fire codes and ATF. They have never had any accidents. Currently they are storing 17 cartridges containing a total of 52 grams of unregulated low black powder explosives in an ATF certified magazine. Inventory of the cartridges are taken weekly and the storage facility is locked and secured at all times. He felt there was no imminent danger to the surrounding • Zoning Board of Adjustment Minutes January 28,2004 Page 5 properties from the storage of the explosives at their current location. There is no more than the equivalent of a box of 30.06 rifle shells. In response to Board Member's concern about the ATF permit, Mr. Murcko explained that the ATF approves major companies as a whole, not each individual facility. He stated that FESCO is very safe in that they do not store enough explosives to warrant an explosion. Ms. Donna Ganoe, 506 Flood Street, appeared in opposition stating that Flood Street is a very narrow street with no fire lane. Trucks drive on Flood Street and no signs have ever been posted to restrict them. Mr. Armando Salinas, 502 Flood Street, questioned if appeal is approved, what would the future hold for the neighborhood as to the zoning and safety. Board Members responded that should there be a zoning request in the neighborhood at a later time, that would be the time to express an opinion to change the zoning. As for the safety of the area,the amount of explosives stored should not be a major concern. Mr. Winters offered to show the storage of explosives to the residents of the area. No one else appeared in favor or in opposition, and the public hearing was declared closed. Board Member Broadway was concerned about the lack of information being provided to the Board, and requested that the appeal be tabled until the next meeting. Motion by Broadway, seconded by Clancy, that the appeal be tabled until the February 25, 2004 meeting. 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 December 17, 2003 minutes as written. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 2:55 p.m. ‘1110 *1110 Zoning Board of Adjustment Minutes January 28,2004 Page 6 H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\2004\012804ZBAMINUTES.DOC • Zoning Board of Adjustment Minutes January 28,2004 Page 7 The January 28, 2004 Board of Adjustment Minutes were approved as written/amended on February 25, 2004. ATTEST: Peter B. Mahaffey, Chairman %Po *11110 • Zoning Board of Adjustment Minutes January 28,2004 Page 8 H:\PLN-DI R\ERM A\W O RD\ZBA\M IN UTES\2004\012804ZBAM IN UTES.DOC