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HomeMy WebLinkAboutMinutes Board Of Adjustment - 08/25/2004 *le '4410 01718 • ZONING BOARD OF ADJUSTMENT MINUTES ^`v SEP gr' August 25,2004 RECEIVED �' CITY SECRETARY'S VI .9040 OFFICE ��' Board Members Present: Robert Broadway David Loeb et itast' John Martinez Taylor Mauck (Alternate—Voting) William Tinney(Alternate-Voting) Board Members Absent: Charles Schibi, Chairman Gene Clancy, Vice-Chairman Staff Present: Miguel S. Saldana, AICP, City Planner Joseph Harney, Assistant City Attorney Erma Ramirez, Recording Secretary CALL TO ORDER Acting as Chairman was Broadway who opened the public hearing at 1:30 p.m. and explained the procedure to be followed. AAA Storage: Appeal No. ZBA0804-01 Request: Variance to reduce the front yard setback from 20 feet to 18.7 feet, located on the north side of Interstate Highway 37, approximately 300 feet east of Sessions Road. Mr. Miguel Saldana, City Planner, stated that the appellant, AAA Storage, is requesting a variance to reduce the front yard setback from 20 feet to 18.7 feet in order to accommodate a mini-storage facility. Mr. Saldaiia described the land use, location, and zoning surrounding the subject property by means of computerized slides. He also presented the site plan for the proposed project. The subject property is in one of the City's hilly area. The ground elevation of the subject property drops approximately 23 feet from the east property line to the west property line, a distance of 352 feet. The subject property is approximately five (5) feet lower than the adjacent I. H. 37 frontage road. Out of the three (3) buildings that were built along the front, one of the buildings extends 16 inches into the required 20-foot front yard setback. In order to approve a variance, State law requires that certain findings be made, such as, size of property, irregular shape of property, slope of the property, or other unusual circumstances. Seven (7) notices were mailed to property owners within a 200-foot radius, of which the applicant returned a notice in favor, and none were returned in opposition. Broadway opened the public hearing. SCANNED Zoning Board of Adjustment Minutes August 25,2004 Page 2 Ms. Carmen Sanchez, representing AAA Storage, appeared in favor stating that she was available for any questions from the Board. Loeb inquired as to how the discrepancy was found. Ms. Sanchez responded that the discrepancy was found by the bank. No one else appeared in favor or in opposition; therefore, the public hearing was closed. Broadway asked for Staff's recommendation. Mr. Saida na stated that Staff recommends approval of the Variance on the finding that the subject property has a pronounced slope uncharacteristic to properties in the City. Staff further recommends that the reduction be limited to the existing encroachment. After a brief explanation, a motion was made by Loeb, seconded by Mauck, that the request be approved, limited to the existing encroachment. Motion passed unanimously. Broadway stated that he had a conflict of interest with the next appeal and excused himself from any consideration. Tinney acted as Chairman. Magellan Terminal Holdings,L. P.: Appeal No. ZBA0804-02 Request: A Special Use Exception to allow the construction of three (3) new petroleum tanks, the existing thirty-seven legal, but nonconforming, petroleum tanks, located on the east side of Poth Lane, north of Interstate Highway 37. Mr. Saldana stated that the appellant, Magellan Terminal Holdings, L. P. has requested a Special Use Exception to construct three (3) new petroleum storage tanks and to legalize the existing 37 tanks. Mr. Saldana described the zoning, location, and land use of the subject property by means of computerized slides. He also presented the applicant's site plan. The tank farm has been in existence for a long period of time. It was in existence when the City annexed the subject property in 1995 and zoned the property a"B-3"District and an"I-2" District. The subject property was granted a change of zoning to an "I-3" District in August 2004. The "I-3" District regulations classify petroleum storage tanks as an objectionable use requiring approval from the Board of Adjustment. The tank farm has been in existence for a number of years and is bordered by refineries on the north and west. The area to the east is zoned residential, except for one house. The remainder of the residential properties has been bought by the refineries and the houses removed. The existing residence to the east is approximately 400 feet from the tank farm. The half-way house and single-family residence to the south are approximately 200 feet from the tank farm. Provided that no new tanks are constructed within 1,000 feet from Interstate Highway 37, the existing tank farm with the additional three new tanks will not adversely impact the adjoining properties. Twelve notices were mailed to property owners within a 200-foot radius, of which none ‘11110 `1110 Zoning Board of Adjustment Minutes August 25,2004 Page 3 were returned in favor or in opposition. Tinney opened the public hearing. Mr. Chris Nalley, with Magellan Terminal Holdings, explained that the tanks were already there before the property was annexed. They have recently changed the zoning to "I-3" to conform to City regulations. Mr. Nalley stated that the existing tanks will be replaced with larger tanks. Mr. Murcko stated that the tanks will be inspected once a year. Mr. Saldana added that the appellant will have to comply with safety and building codes. No one else appeared in favor or in opposition; therefore, the public hearing was closed. Tinney asked for Staff's recommendation. Mr. Saldana stated that Staff recommends approval of the Special Use Exception to the continued use of the petroleum tank farm, including the construction of new storage tanks, provided that no new storage tanks are constructed within 1,000 feet of the Interstate Highway 37 right-of-way line. Motion was made by Martinez, seconded by Loeb, that the request be approved, with the condition that no construction or reconstruction of petroleum tanks be allowed within 1,000 feet of the Interstate Highway 37 north right-of-way line. Motion passed unanimously. Broadway returned and assumed position as Chairman. 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 July 28, 2004 minutes as written. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 1:55 p.m. *IV 4MP Zoning Board of Adjustment Minutes August 25,2004 Page 4 H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\2004\082504ZBAM INUTES.DOC %1110 111110 Zoning Board of Adjustment Minutes August 25,2004 Page 5 The August 25, 2004 Board of Adjustment Minutes were approved as written/amended on September 22, 2004. ATTEST: Robert Broadway, Acting Chairman Zoning Board of Adjustment Minutes August 25,2004 Page 6 H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\2004\082504ZBAM INUTES.DOC