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HomeMy WebLinkAboutMinutes Board Of Adjustment - 01/26/2005 10110 Zoaning Board of Adjustment Minutes January 26, 2005 1 Chairman Schibi opened the public hearing at 1:30 p.m. in the Council Chambers at City Hall and explained the procedure to be followed. Keith & Leah Rabb: Appeal No. ZBA0105-01 Request: Special Yard Exception to reduce the front yard setback from 25 feet to 23.5 feet located in Wood River Unit 15, Block 2, Lot 5, located at the southwest corner of Bedrock and Big Cypress Bayou Drive. Taylor Mauck abstained and left City Council Chambers. Miguel Saldana stated that the board would have to make a unanimous vote on this case. Wes Vardeman presented case ZBA0105-01. Twenty-Two notices were mailed to property owners within a 200-foot radius of the subject property, of which two (1) were returned in favor and none in opposition. Chairman Schibi opened the Public hearing. Richard Voss,Voss Engineering,3756 Bratton, Corpus Christi, TX. 78413: stated that the lot as viewed and how it happened is they ran the tape on the slope of the land and when they survey it, it is on a horizontal plane. Basically the set the house on the wrong position The city inspector did go out and view the string line that was set on the building line however it was set on more of a vertical plane than a horizontal plane and they need variance to get title for the title for that one foot section of their house they're requesting variance through us. Mr. Martinez: asked what seems to be the problem? This is the second or third case we've gotten and they keep going over the line and we just keep messing with them all the time? What's the problem? Mr. Voss: stated as far as his instance he knows of 2 of them on his part and one was an architectural set back that was set at 20 feet instead of 25 feet and it was like the first or second house built in that subdivision so who do you put want to put the blame on I am not for sure I think everybody from the architect to the builder to the city inspector you know to me was kind of at fault All I do know is that they did have a string line they did measure the string line and I talked to the inspector that actually inspected the house and he recalled string line being there because they use the string line to actually set the house however it was set the tape was set along the grade of the land instead of the horizontal direction and we do not have a it is not normal practice to have a survey actually set the house on the lot and so if that would have took place then so to set the side yards then that SCANNED 5 Zoaning Board of Adjustment Minutes *110 January 26, 2005 2 probably wouldn't of happened but they did set the actual pens to the lot they just did not set the house David Loeb: So your role in this was as the builder Mr. Voss: I happen to be representing the Engineer on this basically Leah and Keith Rabb hired Voss Engineering to get the variance but I am also the representative for Live Oak. I basically supervise the supervisors that actually built this house. Mr. Loeb: So there was not a survey being done to place the stakes prior to the foundation being poured. Richard Voss: there was a stake setting as far as property pins but not the actual house, then explained how they use the flag the stakes and pins for measurements and then use the tape to try to ensure that they have not been moved by the plumber and use the tape to measure to set the house. Mr. Loeb: knowing that the variance is measure by the survey not by the tape,why would did they use the tape to set the foundation? Why didn't the surveyor go out and stake accordingly especially after the previous case? Voss: Stated that Ronnie Voss mentioned in the last meeting that he knew of one more incident and this was it. However, the last mistake was a blanket mistake made by the architect and an oversight by the builder and we assume that architects take responsibility for that. He then stated that they build numerous houses in Wood Riverand this is the 3rd variance that Live Oak has received. Martinez: Who is the architect? Voss: Questioned on which incident? Martinez: On this one. Voss: Probably Sandra Brundsford, but she wasn't at fault and explained how someone got their hands on the wrong plat on the previous incident. Loeb: Stated according to him the architect set it right and the builders set it wrong and questioned if Voss was the supervisor of the builders. Zoaning Board of Adjustment Minutes r►' January 26, 2005 3 Voss: Manager of the hands on supervisors on the job site but they typically rely on contractors but was an oversight by everyone including City Inspector. Loeb: The problem arose when the property was surveyed for a mortgage? Voss: Yes at the closing of the house then they went and did the survey and he was notified. Loeb: So, they found out about the problem before the rest of the house was constructed, is that correct? Voss: About 1 1/2 weeks before closing. Loeb: When was that? Voss: Prabably 2 months ago. They were closing on the house and they had a lock to lock the interest rate but had trouble getting title for the one foot section of the garage so per their verbal agreement Voss was going to get the variance for them so they could title for their house and went ahead and closed with the exception on the title. Chairman Schibi: Has there been any steps taken to prevent this from happening again, in your part, not the city or with anybody else? Voss: Just trying to educate them on slopes, and setting the house but we do rely on the tape measurements and City Inspectors to check tape and setbacks. Martinez: Does Voss Engineering do the surveys? Voss: Yes, they did the final survey and they also did the staking of the pins. Chairman Schibi: What are y ou doing to prevent this in future? You know what caused the problem and you doing anything? Are you going to have a survey crew go out and stake the house in the future? Voss: Educate them on how to give a little room on the measurements do things but this time had a new good supervisor but he brought in his own contractor and didn't give much room and put it right on the line. This mistake slipped by everybody and Wood River is the are where this mostly happens. Matinez: As hard as it is for the Engineer to keep within bounds, it's going to be harder for the city to check and make sure it's in bounds. You need to find out when the buck starts and stops and get that straightened out. Zoaning Board of Adjust Ment Minutes January 26, 2005 4 Chairman Schibi: It's not the City Inspector's mistake. The City does the inspection as a courtesy. If you make a mistake and City doesn't catch it, it doesn't mean the City is responsible. Voss: Isn't it for the City as whole: Chairman Schibi: Yes, to make sure everyone is in boundary but the City is not responbile for the mistakes you make, or the engineer makes, it's just a courtesy inspection to try to keep everyone honest. I would like to see something take place so that we don't see these errors continue to take place. Voss: I hope you don't think I am putting the blame on the City Inspector and we did have a meeting on this and how much money it costs to take care of these problems. Chairman Schibi: Does anyone have any questions? Is there anyone who would like to speak against this? Mr. Vardemen: Stepped in to notify the board of the staff analysis and staff recommendation, which was not spoken of during the presentation. Mr. Saldana: For 90% a tape will work for setbacks but in certain areas where street curves but they measured straight and they do the survey radially then you have mistakes or in conditions like wood river where it's hilly, instead of setting the foundation by tape maybe it's in the best interest in the developers/engineers to set it since they are already out there setting the pins for that property then take an extra 5, 10 minutes to do the corners and then the foundation guy comes in and puts the foundation somewhere in between. Chairman Schibi: An excellent recommendation. You should follow that recommendation so that you don't see too many errors. If no one else has anything to say then we'll close this for public hearing and the Board members will discuss the appeal. Mr. Tinney: Has no problem with appeal and would like to see that they continue education to prevent error because we are building houses out that way. Chairman Schibi: Do I have a motion? Mr. Martinez: Motion to be approved. Mr. Tinney: Second that motion. Board Roll Call—Motion passes. Mr. Mauck came back in the City Council Chambers. ZBA0105-02: Flint Hills Resources Request: Special Use Exception to construct 160-foot tall radio tower Presentation of case ZBA0105-02 made by Miguel Saldana. Ten notices were mailed out and none were returned in favor or in opposition. Chairman Schibi opened public meeting. Zoaning Board of Adjustment Minutes January 26, 2005 5 Rene Ramirez- Project Manager Flint Hills Resources: Explained why the 160-foot tall radio tower is needed. Chairman Schibi: Asked if there was much taller building right in the same area. Mr. Saldana: Confirmed,yes there are more buildings, even larger in the same area. Mr. Ramirez: The structures you are talking about are outside of the city limits and not zoned in the same area. He explained why they picked the location they did. Chairman: Is this data, that is going to be sent to this tower? Mr Ramirez: No, it's regular communication to communicate with home office location. Mr. Martinez: How many users will you have? Mr. Ramirez: 600 users and some of which will be traveling from plant to plant. Mr. Saldana: Mr. Ramirez please let the board know how this will effect TV, radios, cell phones receptions. Mr. Ramirez: Will pass it over to Tim Brawley from A & B Communications. Tim Brawley 4813 Leopard St., Corpus Christi,TX. 78408 Mr. Brawley: A & B sought brand new clean frequencies for Flint Hills and was successful. Mr. Brawley explained what type of frequency the tower would have and it's classification. He also stated that there was no interference with TV, radios and this has been approved by the FCC.