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HomeMy WebLinkAboutMinutes Board Of Adjustment - 02/25/2004 try 400 ZONING BOARD OF ADJUSTMENT MINUTES February 25, 2004 Board Members Present: Peter Mahaffey, Chairman Thomas McDonald, Vice-Chairman Charles Schibi Gene Clancy(Alternate) John Martinez(Alternate) Board Members Absent: Louis Alvarado Robert Broadway Staff Present: Miguel S. Saidana, 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. 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. Chairman Mahaffey explained that the FESCO appeal had been tabled at the last hearing in order to hold a workshop regarding the use of explosives. He stated that a workshop had been held on Friday, February 20, 2004, with Officer Rusty Valentine with the Police Bomb Squad present. The public hearing on the appeal had been closed at the previous meeting; therefore, only action by the Board was pending. For the benefit of Board Members absent from the workshop and for the public present, Mr. Valentine explained the difference between the two types of explosives, a packer charge and a perforating charge. In answer to Board Member's concerns, Mr. Valentine responded that each company that stores explosives needs to be licensed and inspected by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE). The companies need to keep a continuous inventory of explosives and the names of persons handling the explosives. Any explosives that will be used on a daily basis or explosives which are to be transported elsewhere are held in a bunker called a "day box" which also needs to meet ATFE standards. In the event of an explosion, the explosives would detonate straight up with no immediate danger to residents. SCANNED 1`r 41110 Zoning Board of Adjustment Minutes February 25,2004 Page 2 Motion by McDonald, seconded by Schibi, that the request for a Special Use Exception to allow the storage of explosive material be approved. Motion passed unanimously. Austin Explosives Company Appeal No. ZBA0204-01 Request: A Special Use Exception to allow the storage of explosive material on Allen and Cameron Unit 6, Block 2, Lot 3, located on the south side of Leopard Street, approximately 650 feet west of Diamond Cut Drive. Mr. Saldana stated that the appellant, Austin Explosives Company, 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 bunkers would be both indoors and outdoors. The property is surrounded by the same type use which are warehousing units with no immediate residents in area. Seven notices were mailed to property owners within a 200-foot radius, of which none were returned in favor and two (2) were returned in opposition. The applicant/owner of the subject property submitted a notice in favor. Chairman Mahaffey opened the public hearing. Mr. Rick Gasaway, Regional Manager for Austin Explosives, Victoria, Texas, stated that they are regulated to have 250 pounds of explosive storage. The bunkers located towards the back of the property have an earthen wall with a specific thickness of steel and height prescribed by ATFE. In answer to Board Members concerns, Mr. Gasaway responded that the distances between each bunker regulate how many pounds can be stored in each bunker. There are separate bunkers for each component of the explosive. Mr. Saldana explained that the 50-pound limitation is for indoor storage only. Outside bunkers are allowed more so long as there are adequate safeguards. No one else appeared in favor or in opposition, and the public hearing was declared closed. Mr. Saldana stated that Staff had no objection to the request. Motion by Schibi, seconded by Martinez, that the request for a Special use Exception to allow the storage of explosive material be approved. Motion passed unanimously. Zoning Board of Adjustment Minutes February 25,2004 Page 3 Tracy Warman Appeal No. ZBA0204-02 Request: A Special Use Exception to reduce the platted front yard building line from 20 feet to 6 feet on Point Tesoro, Block 6, Lot 8, located on the northeast side of Isla Pinto Court, approximately 350 feet north of White Cap Boulevard. Mr. Saldana stated that the appellant, Tracy Warman, has requested a Special Use Exception to reduce the platted front yard building line from 20 feet to 6 feet for the construction of a swimming pool. 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 swimming pool and decking. The encroachment will be approximately 14 feet into the front yard building line. Twenty-seven notices were mailed to property owners within a 200-foot radius, of which none were returned in favor and two (2) were returned in opposition. One (1) of the notices returned in opposition was from along Royal Fifth Court (across the canal where the pool cannot be seen), and the other notice was along Isabella Court which is to the back of the subject property. No opposition was received from the residents of Isla Pinta Court. Chairman Mahaffey opened the public hearing. Ms. Gail Faldet, with Pools by Brad, stated that the Warman's are proposing to construct a swimming pool in the front yard of their home, since there is no space in the backyard. The pool will be enclosed by a 6-foot stucco fence with landscaping to the front. It will have a self- lock gate; therefore, will not be seen from the street. The pool will measure 14' x 24'. The pool equipment will be behind the gate. Other homes on the street have fences towards the front. The Padre Island Property Owners Association has submitted a letter of approval. No one else appeared in favor or in opposition and the public hearing was closed. Mr. Saldana stated that Staff had no objection to the 6-foot front yard setback for the swimming pool. After brief discussion, a motion was made by Schibi, seconded by Clancy, that the 6-foot front yard setback be approved, limited to a swimming pool and decking. Motion passed unanimously. Western Steel Company Appeal No. ZBA0204-03 Request: A Variance to reduce the front yard setback from 20 feet to 18 feet on Wooldridge Creek Center, Block 5, Lot 5, located on the east side of Patton Street, approximately 900 feet south of Holly Road. *IF 4410 Zoning Board of Adjustment Minutes February 25,2004 Page 4 Mr. Saldana stated that the appellant, Western Steel Company, has requested a Variance to reduce the front yard setback from 20 feet to 18 feet in order to correct a surveying error. He described the zoning, location, and land use by means of computerized slides. Mr. Saldatia stated that the appellant started developing the subject property with a warehouse without the knowledge that the front yard setback had been measured straight from the property line, instead of radially. He presented a site plan submitted by the appellant showing the encroachment into the front yard. There were nine (9)notices mailed to property owners within a 200-foot radius, of which none were returned in favor and one (1) was returned in opposition. The owner of the subject property submitted a notice in favor. Chairman Mahaffey opened the public hearing. Mr. Michael Yankee, 5319 St. Andrews, President of Western Steel Company, explained the error and presented drawings showing the encroachment. He felt that the encroachment would not adversely impact the area. There was no existing operation next door. No one else appeared in favor or in opposition and the public hearing was closed. Mr. Saldana stated that the curvature of the road does not offer an even setback, therefore could be used as a hardship. Staff does not object to the approval of the variance. Motion by McDonald, seconded by Schibi, that the request be approved on the finding that the curvature of the road does not offer an even setback. 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 February 25, 2004 minutes as written. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 2:33 p.m. ,11110 *IMO Zoning Board of Adjustment Minutes February 25,2004 Page 5 H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\2004\022504ZBAMINUTES.DOC 41.0 411110 Zoning Board of Adjustment Minutes February 25,2004 Page 6 The February 25, 2004 Board of Adjustment Minutes were approved as written/amended on March 24, 2004. ATTEST: Peter B. Mahaffey, Chairman