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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
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Zoaning Board of Adjustment Minutes *110
January 26, 2005
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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 râ–º'
January 26, 2005
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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
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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
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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.