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HomeMy WebLinkAboutMinutes Board Of Adjustment - 09/22/2004 'w `r" ZONING BOARD OF ADJUSTMENT MINUTES September 22, 2004 Board Members Present: Gene Clancy, Vice-Chairman Robert Broadway David Loeb John Martinez Taylor Mauck (Alternate) William Tinney(Alternate) Board Members Absent: Charles Schibi, Chairman Staff Present: Miguel S. Saldana, AICP, City Planner Barbara A. Bailey, Director Joseph Harney, Assistant City Attorney Andy Quittner, Assistant City Attorney Erma Ramirez, Recording Secretary CALL TO ORDER Vice-Chairman Clancy opened the public hearing at 1:35 p.m. and explained the procedure to be followed. Robert Clark: Appeal No. ZBA0904-01 Request: Interpretation as to whether"shark's head" is a sign or structure, located on the east side of South Padre Island Drive and on the north side of State Highway 361. Mr. Miguel Saldana, City Planner, stated that the appellant, Robert Clark, is requesting an interpretation on whether a shark is a structure or a sign. Based on the definition of a sign, as stated in the Zoning Ordinance, Staff has determined that the proposed shark is a sign. According to the Zoning Ordinance, a sign is "every device, structure, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter which is used or intended to be used to attract attention, convey information, identify or advertise any establishment, product, goods or service when the same is placed out of doors in view of the general public." Mr. Saldana 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 appellant proposes to erect two large shark frames at the entrances of the store for patrons to walk through and as a picture location. It is the appellant's reasoning that since the shark's heads will be used as a picture opportunity and for the enjoyment of the general public, therefore, it is not a sign. A national chain restaurant (Chili's) is changing their sign from the standard sign with words to a 3 dimensional figure (a chili pepper). A book titled The Signage Sourcebook: A Signage Handbook, put together by the U. S. Small Business Administration and The Signage for Communication Excellence, Inc., with contribution from the SCANNED *1110 Zoning Board of Adjustment Minutes September 22,2004 Page 2 International Sign Association, recognizes three dimensional structures representative of the business as signs. In July 2004, the Board discussed this issue from a previous appeal and determined that the shark was a sign. Six (6) notices were mailed to property owners within a 200-foot radius, of which none were returned in favor or in opposition. Clancy opened the public hearing. Mr. Joe Coon, Padre Island resident, appeared in favor stating that the project would be good for the economy. He gave examples of other signs and structures around the City. Georgiana Crayton, employed by the appellant, appeared in favor, stating that the shark will not have any information on it to advertise as a sign. Tourists use it as a picture taker only. The Zoning Ordinance has changed recently, but their request was made prior to the change. Therefore, they should be allowed to have the shark. Mr. Jeff Fromm, 13501 Rough End Court, representing the Padre Island Business Association, appeared in opposition stating that 90% of a survey taken on this type of use resulted in residents wanting sign control. Padre Island residents envision a resort community, not a beach town. Mr. Richard Pittman, 14325 Caribe, President of Padre Island Property Owners Association, appeared in opposition. He stated that since 1995 an extreme effort has been made to improve the visual looks on Park Road 22. It is the gate way to the Island and residents want a first class appearance and more tasteful look. Mr. Ro Wickham, 13729 Eagles Nest Drive, Chairman for the Overlay District Committee, appeared in opposition stating that the Overlay District for the Island was recently adopted. The guidelines are strictly opposing signage. This is a City issue, not just Padre Island. Ms. Gladys Sharkey, 15321 Cartagena Court, appeared in opposition stating that the shark is a sign contrary to existing Zoning Ordinance. Mr. Jerry Sharkey, 15321 Cartagena Court, appeared in opposition. He felt that the sharks do not attract tourists, but that tourists already visiting Corpus Christi enjoy the sharks at that individual store. It was the wrong way to get business by going against Overlay District, or even the existing Zoning Ordinance. He inquired if the sharks are considered a structure, how would they conform to wind load regulations. Ms. Andrea Bellish, 15885 Punta Espada Loop, appeared in opposition stating that the location of the proposed sharks is at a major intersection. If there is a major accident due to the shark's attraction, there could be a heavy law suit which could involve a lot of people. Zoning Board of Adjustment 1Ttes September 22,2004 Page 3 Mr. John White, 13922 Primavera Drive, appeared in opposition stating that residents have invested a lot of money on their properties and would like it to look nice. Also, the traffic at that location backs up anywhere from one to two hours. Mr. Dick Smith, 13849 Dabloon, appeared in opposition urging the Board to support Staff's decision. Ms. Sally Raasch, 15326 Mutiny Court, appeared in opposition stating that the shark looks bad for the landscaping. Clancy asked for Staff's recommendation. Ms. Barbara Bailey, Director of Development Services, requested that the Board uphold the previous decision interpreting the shark as a sign. The appellant may keep the shark if it meets the sign regulations of the`B-2A"District. No one else appeared in favor or in opposition; therefore, the public hearing was closed. After a brief discussion, a motion was made by Broadway, seconded by Martinez, that the shark be interpreted as a sign. Motion passed with Clancy, Broadway, Martinez, and Mauck voting aye, and Loeb voting nay. Live Oak Construction: Appeal No. ZBA0904-02 Request: A Variance to reduce the front yard setback from 25 feet to 21 feet, located on the west side of Velda Drive, approximately 230 feet south of Yellow Oak Road. Mr. Saldana stated that the appellant, Live Oak Construction, has requested a Variance to reduce the front yard setback from 25 feet to 21 feet. There is a 4-foot encroachment on existing house. The subject property is a rectangular-shaped lot on fairly level land. Mr. Saldana described the land use, zoning, and location of the subject property. He also presented the site plan presented by the appellant. The surrounding area is fairly flat with the majority of the lots being rectangular in shape. 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. The subject property is a flat piece of property with a lot area of 6,944 square feet (58.7 feet wide and 111.15 feet deep) and a slight angle at the rear property line. The slight angle on the rear property line does not affect or restrict compliance with the required 25-foot front yard setback. Eleven notices were mailed to property owners within a 200-foot radius, of which none were returned in favor and one was returned in opposition. Clancy opened the public hearing. Mr. Ron Voss, Live Oak Construction, stated that the City inspectors approved the plan. ‘11119 *4110 Zoning Board of Adjustment Minutes September 22, 2004 Page 4 Mr. Taylor Mauck had a conflict of interest on the request, therefore, dismissed himself from further discussion. Mr. William Tinney replaced him in voting. Mr. Saldana stated that the City inspectors do not check setbacks. The developers are responsible for that. Broadway felt that there was no valid reason to approve the request, therefore, requested that a motion be made to table the appeal. Motion by Broadway, seconded by Tinney, that the request be tabled until the October 27, 2004 meeting. Mauck returned to meeting. 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 August 25, 2004 minutes as written. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 3:00 p.m. H:\PLN-DIR\ERMA\WORD\ZBA\M INUTES\2004\092204ZBAM INUTES.DOC 1110 Zoning Board of Adjustment*rtes September 22,2004 Page 5 The September 22, 2004 Board of Adjustment Minutes were approved as written/amended on October 27, 2004. ATTEST: Gene Clancy, Vice-Chairman H:\PLN-DIMERMA\WORD\ZBA\MINUTES\2004\092204ZBAMINUTES.DOC