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HomeMy WebLinkAboutMinutes Board Of Adjustment - 06/23/2004 ZONING BOARD OF ADJUSTMENT MINUTES ,�g?A21�42a June 23, 2004 e 4 4,3_ Lc) q t j r�JUL L00r co Board Members Present: Robert Broadway RECEIVED Gene Clanc r) CITY SECRETARY'S w y oto OFFICE w David Loeb John Martinez eeZ Taylor Mauck(Alternate) William Tinney(Alternate) Board Members Absent: Charles Schibi Staff Present: Miguel S. Saldafia,AICP, City Planner Rusty Valentine, Police Department Erma Ramirez, Recording Secretary ELECTION OF OFFICERS Mr. Miguel Saldaila, Board Administrator,opened the meeting at 1:14 p.m. requesting nominations for the appointments of Chairman and Vice-Chairman. Motion by Clancy, seconded by Martinez,that Charles Schibi (not present)be appointed Chairman of the Board. Motion passed unanimously. Motion by Martinez, seconded by Loeb, that Gene Clancy be appointed Vice-Chairman of the Board. Motion passed unanimously. CALL TO ORDER In Schibi's absence, Vice-Chairman Clancy opened the public hearing and explained the procedure to be followed. Lance and Dolly Robertson: Appeal No. ZBA0604-01 Request: A Special Yard Exception to reduce the side yard setback from 25 feet to 20 feet along the north property line and to ten (10) feet along the south property line, located on the east side of South Oso Parkway at Country Creek Road. Mr. Miguel Saldafia, City Planner, stated that the appellants, Lance and Dolly Robertson, had requested a Special Yard Exception in order to reduce the side yard setbacks along the north and south property lines. The applicant proposes to construct a single-family residence that will comply with the front yard setback, but the proposed width of the house requires extending into the required side yard setback. Mr. Saldafia described the land use, location, and zoning of the SCANNED subject property by use of computerized slides, and presented the applicant's site plan. 411110 ‘11111, Zoning Board of Adjustment Minutes June 23,2004 Page 3 Four (4) notices were mailed to property owners within a 200-foot radius, of which two (2)were returned in favor and none were returned in opposition. In answer to Board Members questions, Mr. Saldana responded that any development in the area would be above flood zone. The applicant cannot build into the easement. Vice-Chairman Clancy opened the public hearing. Mr. Lance Robertson and wife, Dolly, appellants, presented the Board with drawings of the proposed development. He referred to the drawing stating that the property is odd-shaped and the lot dramatically narrows from the front property line to the back property line. The required 50-foot setback measures 116 feet in width at the current 25 foot north and south side yard setback requirements. The house is 4,500 square feet. In order to accommodate the garage, they are proposing the reductions to the north and south setbacks. No one else appeared in favor or in opposition, and the public hearing was declared closed. Vice-Chairman Clancy asked for Staff's recommendation. Mr. Saldana stated that Staff recommends approval of the reduction of the north side yard setback to 20 feet, limited only to the encroachment of the proposed single-family structure and denial of the reduction of the south side yard setback. In answer to questions from the Board, Mr. Saldana explained why the developer changed the zoning from farm-rural to residential estate. A couple of reasons being the large lots are that the properties are on septic systems and curbs, gutters, and sidewalks are not required. No one appeared in opposition and the public hearing was closed. Mr. Saldana directed Vice-Chairman Clancy to select an alternate member to participate in the voting. Clancy selected Taylor Mauck. After discussing location of the garage, a motion was made by Broadway, seconded by Loeb, that the request for a Special Yard Exception to reduce the side yard setback from 25 feet to 20 feet along the north property line and to ten (10) feet along the south property line be approved. Motion passed four to one,with Martinez voting nay. Black Warrior Wireline Corporation: Appeal No. ZBA0604-02 Request: A Special Use Exception to allow the storage of explosive material in the "I-3" Heavy Industrial District, located on the south side of Leopard Street, Zoning Board of Adjustment Minutes June 23,2004 Page 4 approximately 500 feet west of Lantana Street. Mr. Saldana stated that the appellant, Black Warrior Wireline Corporation, had requested a Special Use Exception in order to store explosive materials related to the oil/gas well production service. Mr. Saldana described the zoning, location, and land use of the subject property by means of computerized slides and the applicant's site plan. The business has been in existence since 1983 and in South Texas since 1999 with no known problems. The subject property consists of a 15,000 square foot metal building where four (4) bunkers/magazines will be housed. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE) has approved a license to store and handle explosives with an expiration date of April 1, 2006. The subject property is located in an industrial area with no residential uses within 200 feet of the facility. Seventeen notices were mailed to property owners within a 200-foot radius, of which one was returned in favor and none in opposition. Vice-Chairman Clancy opened the public hearing. Mr. Bill Massey, with Black Warrior Wireline Corporation, 1579 North Lexington, presented approved license from the that ATFE. He stated that the bunkers have two separate locks behind closed doors. They also have security and camera systems. The bunkers are vaults on rollers that can easily be rolled out in case of a fire. They are placed right by a secure door. Mr. Rusty Valentine, Bomb Squad with the Police Department, stated that the hinges on the bunkers are designed to be tamper proof. Even in case of a theft, accessibility to the bunkers would not be that simple. With four bunkers with a load of 50 pounds per bunker, the amount of explosives is very small. Mr. Pat Thompson, 5720 Leopard, inquired as to the possible damages in case of a fire. Mr. Valentine responded that in case of a fire the roof and walls would go within a 150 foot radius. Mr. Greg Smalik, neighbor next door, expressed that he was not concerned about a possible explosion. His concerns were more towards terrorism or vandalism. No one appeared in opposition and the public hearing was closed. Clancy asked for Staff's recommendation. Mr. Saldana stated that Staff recommends approval of the request. Vice-Chairman Clancy closed the public hearing. Loeb inquired if bunkers were fire proof to which Mr. Valentine responded positively. Zoning Board of Adjustment Minutes June 23,2004 Page 5 Motion by Broadway, seconded by Loeb, that the request be approved. Motion passed unanimously. r11/, 4 Zoning Board of Adjustment Minutes June 23,2004 Page 6 Murray Architects and Planners: Appeal No. ZBA0604-03 REQUEST: A Special Use Exception to omit the required off-street loading space, located on the northwest corner of Agnes and South Carancahua Streets. Mr. Saldana stated that the appellant, Murray Architects and Planners, had requested a Special Use Exception in order to omit one required off-street loading space. He described the zoning, location, and land use by means of computerized slides. The subject property is proposed to be developed with a single-story office building containing 7,560 square feet. The Zoning Ordinance requires office buildings with a floor area between 5,000 square feet and 10,000 square feet to provide at least one (1) off-street loading space. It is the applicant's contention that an office building of this size does not normally have 18-wheelers loading and off loading materials on a regular basis. Deliveries to offices of this size normally come in vans, panel trucks, or other vehicles typically used by delivery companies such as FedEx, UPS, etc. The parking space is 12 feet wide x 35 feet long. Eleven notices were mailed to property owners within a 200-foot radius, of which none were returned in favor or in opposition. Vice-Chairman Clancy opened the public hearing. Mr. Murray Christiansen, 14318 Bluefish, stated that there was no room for a loading zone. They have no heavy deliveries, only the regular mail and FedEx trucks. Mr. Robert Anderson, co-owner of Murray Architects and Planners, stated that they had ten(10)brokers with one(1) staff person for each one. Broadway abstained from hearing the case and Board Member Tinney took his place. Mr. Anderson added that they have a post office box for mail. They have three(3) entries to the building,being Agnes, Carancahua, and Tancahua Streets. No one appeared in favor or in opposition and the public hearing was closed. Vice-Chairman Clancy asked for Staff's recommendation. Mr. Saldafia stated Staff is recommending approval. Motion by Martinez, seconded by Loeb, that the request be approved. Motion passed unanimously. NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. Zoning Board of Adjustment Minutes June 23,2004 Page 7 APPROVAL OF MINUTES A motion was made to approve the March 23, 2004 minutes as written. Motion passed unanimously. OTHER MATTERS Representative from Duncan&Associates informed the Board that the company had been hired to develop a Unified Development Code. The representative asked if the Board had any particular areas of concern,to provide a list to the Board Administrator to be submitted to them. ADJOURNMENT The meeting adjourned at 2:30 p.m. 4111110 ‘104 Zoning Board of Adjustment Minutes June 23,2004 Page 8 The June 23, 2004 Board of Adjustment Minutes were approved as written/amended on July 28, 2004. ATTEST: Charles Schibi, Chairman 'O *1101 Zoning Board of Adjustment Minutes June 23,2004 Page 9 H:\PLN-DI R\ERM A\W ORD\ZBA\M INUTES\2004\062304ZBAM IN UTE S.DOC