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HomeMy WebLinkAboutMinutes Board Of Adjustment - 10/27/2004 IMO ZONING BOARD OF ADJUSTMENT MINUTES Wednesday, October 27, 2004 Board Members Present: Charles Schibi, Chairman Gene Clancy, Vice-Chairman John Martinez Taylor Mauck (Alternate) William Tinney(Alternate) Board Members Absent Robert Broadway David Loeb Staff Present: Miguel S. Saldana, AICP, City Planner Wes Vardeman, Planning Technician III Joseph Harney, Assistant City Attorney Michelle Long, Recording Secretary CALL TO ORDER Chairman Schibi opened the public hearing at 1:30 p.m. and explained the procedure to be followed. Live Oak Construction: Appeal#ZBA0904-02 Request: 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. Mauck abstained and left the room. Mr. Miguel Saldana, City Planner, showed graphics of the subject property and the surrounding area. He stated this case was tabled at the last hearing and gave a recap of the first hearing. The area is sparsely developed. Staff recommendation is for denial of the variance as they could not make the required findings. There were questions as to whether or not the Board could make the findings to grant the variance. Mr. Ronnie Voss, owner of Live Oak Construction, and appellant stated this was tabled before as Mr. Broadway wanted more reasoning as to why it should be granted. Mr. Voss handed out a list of reasons to the Board. Mr. Voss had interviewed City Building Inspectors Bruce Longoria and Victor Gomez who stated the first thing they did was inspect the setbacks. They did not catch the error. According to the zoning ordinance, the Board has the power to grant the variance to relieve any difficulties or hardships, which this could become if not granted. Mr. Voss stated if the owners try to sell the house in the future, there is a chance that the lender would not accept the loan, which is the biggest issue. Mr. Tinney asked if the survey showed the foundation and setback area. Mr. Voss provided a copy of the survey which showed these areas. SCANNFfl • •ZBA Minutes October 27,2004 Page 2 Mr. Saldana stated the board can relieve hardship based on criteria that the Board can establish and make the findings based on the hardship,but it can not be for financial reasons. He also confirmed that the City is required to inspect and approve the setback which is done before the foundation is poured. The public hearing was closed. There was discussion regarding if the City inspectors or the developer was liable for determining if the setbacks were correct and what the options were for a hardship, A motion was made by Mr. Martinez and seconded by Mr. Clancy to approve the variance as it would be a hardship to the owners to have to destroy a portion of their home to move it four feet. The motion passed by all present. NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. AAA Storage Ayers: Appeal#ZBA1004-01 Request: Variance to reduce the front yard setback from 20 feet to 18.1 feet, Located on the east side of Ayers Street,500 feet north of Holly Road Mr. Saldana showed graphics of the subject property and the surrounding area. Mr. Saldafia stated there is a 1.9 foot encroachment into the front yard. There is a mini-storage storage on the property. The encroachment is on the far left corner. He showed the site plan and the location of the encroachment. The property is on a deep, rectangular shaped lot on a flat piece of land. The development has plenty of land to the rear to have been able to comply with the setback requirement. 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. Based on the requirement of approving a variance subject to certain findings, the property is over five acres; it has over 200 feet of frontage and is relatively flat. Staff can not make any of the required findings. No letters of opposition were received. Dan Morris, Project Manager for AAA Storage, stated this was brought to their attention shortly after they built the site. They took for granted that the parking lot was the property line when they built the building. The hardship is the future selling of the property. It would be very costly to tear the building down and rebuild. He stated they were looking for the permit to see if the City signed off on it. Mr. Saldafla stated the inspection the City does is a courtesy to make sure they are in compliance, but the developer is ultimately responsible for this. This is not a common occurrence. Some developers add an extra foot to the setback to avoid errors such as this. There was discussion regarding liability and the fact that the encroachment was so slight that if the appellant had not come forward, no one would have known it was there. There was also discussion about what findings were necessary to grant the variance and why the variance was needed. • •f ZBA Minutes October 27,2004 Page 3 No one else appeared to be in favor or in opposition. The public hearing was closed. Ms. Barbara Bailey stated staff will be presenting an ordinance for Council's consideration which would allow staff to handle issues of construction mistakes such as this that are less than 10 or 15 percent of the set back. This is a simple construction mistake. A motion was made by Mauck and seconded by Martinez to approve the variance with the hardship being the site conditions imposed a difficulty in adjusting the setback due to the ditch that fronts the property and the 10 foot easement there is to the road have caused difficulty in locating the setback properly. The motion passed unanimously. NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. Smith International,Inc.: Appeal#ZBA1004-02 Request: Special Use Exception to allow the storage of explosive material, located on the west side of Lantana Road, approximately 650 feet north of N. Lexington Boulevard Mr. Saldana showed grapgics of the subject property and the surrounding area. The appellant has requested a Special Use Exception in order to store explosive materials related the oil/gas well production service. The business has been in existence since 1993 with no known problems. The subject property consists of a 3,600 square foot metal building where two bunkers/magazines will be kept. Bunker 1 will contain shaped charges and primacord with a daily inventory of ten(10)pounds and a maximum of fifteen (15)pounds. Bunker 2 will contain shaped charges with a daily inventory of ten (10)pounds and a maximum of fifteen(15)pounds. Bureau of Alcohol, Tobacco, Firearms and Explosives has issued the operator, Smith Drilling & Completion Services; a license to store and handle explosives which expired on August 1, 2004. The appellant has submitted the application for renewal and will take approximately six months to receive the renewal. A valid license must be provided before the use can be in compliance with City regulations. The Subject property is located in an industrial area with a manufactured home park adjacent to the rear. The manufactured home park is a non-conforming use because temporary or permanent housing is not permitted in industrial districts. The storage area of the explosives is approximately 250 feet from the traveling lanes of Leopard Street. There were seven notices mailed to property owners in a 200 foot radius of which two were received in favor and none in opposition. The public hearing was opened. Mr. John Brooks, area Manager, stated Smith International has been in business for over 50 years. This is something they do at their other facilities and are aware the legal implications and ATF licensing needed. They have been at this location since 1981 and are adding this service to this facility. Mr. George Merkel, Fire Marshall, has been out and conducted inspections. Mr. Brooks asked that the Special Use Exception be granted. There are other ZBA Minutes • • October 27,2004 Page 4 facilities in the area that offer the same service. Mr. Merkel checked to see where the magazines are located and the distance between the two and made sure they would be contained in a safe environment. There was discussion on why there was a six month delay. Mr. David Winston, 503 Archwood, Houston, Texas, stated they submitted their renewal to the ATF. Their license expired in August. Due to various reasons, including moving the ATF office, they had delays and therefore issued a letter to Smith International advising that their paperwork was being processed and to continue to operate under the existing license until the processing is complete. This federal license covers all of Smithwood's offices. Mr. Merkel stated that once the Special Use Exception was approved, he would issue Smith International a permit. No one else appeared to be in favor or in opposition. Staff recommended approval of the Special Use Exception. The public hearing was closed. A motion was made by Chancy and seconded by Martinez to approve the Special Use Exception. The motion passed unanimously. NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. Sister Patricia Rodriguez—Holy Family S.: Appeal#ZBA1004-03 Request: Special Yard Exception to reduce side yard setback from 25 feet to 8 feet, located on the southwest corner of Nogales Street and MacArthur Street. Mr. Saldara provided graphics of the subject property and the surrounding area. Mr. Saldana stated the appellant has requested a Special Yard Exception in order to reduce the side yard setback from 25 feet to eight feet along the west line. The subject property encompasses 16 platted lots and half of two lots and contains a church (Holy Family Catholic Church) and a parochial school. Schools, churches and other public facility structures in residential districts are required to maintain a minimum side yard setback of 25 feet. The school has placed a portable classroom on the west end of the property which is only eight feet from the west property line, within the required 25-foot side yard setback and in violation of the Zoning Ordinance. The existing location of the building is the logical location so it would not interfere with the playground area and the proposed permanent expansion. The appellant has indicated that the portable classroom is temporary, approximately two to three years. There are plans to construct permanent classrooms as indicated on the attached site plan. There were nine notices mailed to property owners within a 200 foot radius. None were received in favor or in opposition. •Cr' ZBA Minutes October 27,2004 Page 5 The public hearing was opened. Ms. Christie Nunez who is on the building committee, stated they needed the building to house the children while new school rooms were being built. She stated the existing building has been there for 50 years and they wanted to preserve some of the areas for historical reasons. They intend to meet all of the requirements needed. Mr. Robert Cerna stated he lived next door to the church. He stated he was in favor of the exception. There is a rod iron fence between the properties and a lot of trash blows into his yard. He asked if they could put up a chicken wire fence to catch the trash. The public hearing was closed. Staff's recommendation is approval of the Special Yard Exception to reduce the required side yard setback from 25 feet to eight feet for no more than three years. A motion was made by Martinez and seconded by Mauck to approve the Special Yard Exception as submitted. The motion passed unanimously. NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. City of Corpus Christi: Appeal#ZBA1004-05 Request: Variance to allow walls for the proposed baseball stadium to extend 73 inches instead of the maximum 18 inches, located on the north side of East Port Avenue,west of U.S. Highway 181. Mr. Saldafia showed graphic examples of signs that would be used in the baseball stadium. Mr. Saldana stated this was a request from the City of Corpus Christi for a variance to allow walls for the proposed baseball stadium to extend 73 inches instead of the maximum 18 inches. He showed graphics of signs that would be used. This is consistent with the design of other stadiums across the country. Staff recommends approval. There was discussion of design and layout of the building, Ms. Bailey stated this was brought before the Board because the Architectural package does not meet the sign regulations as they are drawn today. Signs are typically flat on walls. Architects came up with this design which will be consistent within the interior of the stadium. The public hearing was closed. A motion was made by Clancy and seconded by Mauck to approve staff's recommendation. The motion passed unanimously. ZBA Minutes r/' October 27,2004 Page 6 NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. Mary Helen Salazar: Appeal #ZBA1004-06 Request: Variance to allow a wall sign to extend 2 inches instead of the maximum 18 inches, located on west side of Everhart Road, north of South Padre Island Drive. Ms. Bailey showed graphics of the subject property and the sign in question. The appellant has requested a variance in order to install a sign on a chimney that exceeds the 18-inch maximum projection for wall signs. The chimney depth, coupled with the sign depth creates a 20-inch projection which is two inches beyond code limits. The proposed sign is not architecturally consistent but it is technically compliant as the two inchs is not visually detectable. The proposed sign is approximately 75 square feet and will be 15 feet above the existing grade. The proposed sign will have minimal impact on the area because of the high volume of traffic on Everhart Road and the distance of the sign to the public right-of-way. The Board of Adjustment does not have the authority or jurisdiction to vary or change the provisions in the Zoning Ordinance as it relates to the location or size of any sign. The subject property is zoned a"B-4"District and wall signs are unlimited. Therefore by granting a variance, the Board is not changing the size or location of a sign only as to how far the sign can extend away from the wall. Staff recommends that the variance can be approved on the finding that due to the exceptional situation (extension of the chimney); the strict application of the regulation would result in practical difficulties, such as having to modify the wall sign. The approval would still meet the spirit, intent and purpose of the sign regulations. Staff recommends approval. Mrs. Mary Helen Salazar, owner of Modern Café, stated they had been in business for several years. This is a new location and the sign has already been made. The two inch mistake was an oversight and it would be costly to redo the sign. The hardship would be to have to redesign the sign. There was discussion about the sign meeting wind codes. No one else appeared to be in favor or opposition. A motion was made by Clancy and seconded by Martinez to approve staff's recommendation. The 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 by Clancy and seconded by Martinez to approve the September 22, 2004 minutes as submitted. OTHER MATTERS • •ZBA Minutes October 27,2004 Page 7 There were no other matters. ADJOURNMENT The meeting adjourned at 3:20. Miguel Saldana Michelle Long City Planner Recording Secretary H:\PLN-DIR\SHARED\ERMA\WORD\ZBA\Minutes\2004\102704 Minutes.doc