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Home My WebLink AboutMinutes Board Of Adjustment - 02/23/2005 law • Minutes ZONING BOARD OF ADJUSTMENT MEETING Wednesday,February 23,2005 1:30 P.M. Board Members Present: Gene Clancy,Vice-Chairman John Martinez David Loeb Taylor Mauck(Alternate) William Tinney(Alternate) Board Members Absent Charles Schibi,Chairman Robert Broadway Staff Present Miguel S. Saldana,AICP,Board of Adjustment Administrator Wes Vardeman, City Planner Lucinda Beal, Executive Management Assistant Gail Perry,Recording Secretary Si usted quiere dirigirse al consejo de ajustamiento y su ingles es limitado, habra un interprete en la junta para ayudarle. CALL TO ORDER A quorum was declared and the meeting was called to order by Gene Clancy at 1:30 p.m. Flint Hills Resources Appeal No.ZBA0105-01 Request: A Special Use Exception to construct a 160-foot tall radio tower on Nueces Bay Heights, Block 25,Lots 1-4 and 17-20 located east of Nueces Bay Boulevard and south of Moore Street. Mr.Miguel Saldana,Board of Adjustment Administrator,stated that this request is for a self- supporting lattice type tower which will be used by Flint Hills to aid with their communications between the east facility across the street and the west facility which is a"dead area"of communication. The refinery,terminal and fire facility face the front and the tower will be placed in the back location of the area. Mr. Saldana stated that the appellants had been in attendance at the Zoning Board of Adjustment Meeting held on January 26,2005. At that time,there was an objection that came from property owners in the area. The Board tabled the case so the appellant could meet with the neighborhood and resolve some of the issues. Ten notices were sent to the surrounding area. There were none returned in favor or opposition. Staff recommends approval with a design increase to 130 mph to meet sustained winds. The public hearing was opened. The applicant for this case was not in attendance. No other participants were in attendance in favor or opposition. The public hearing was closed. Motion to table case until March 23,2005 in view of appellant's absence was made by Martinez and seconded by Tinney. Failure to appear by appellant on that date constitutes a denial by the Board. SCANNED toning Board of Adjustment Air s ` February 28,2005 Page 2 Kenneth D.Meeks Appeal No.ZBA0205-01 Request: A Special Use Exception to build a 5,000 square foot garage/rehabilitation accessory metal structure on Western Shores,Lot 2C,located along west side of Whiteley Drive approximately 180 feet south of Carp Drive. The property is located in Padre Island specifically in the canal area facing Whiteley Drive. The building request is for the purpose of rehabilitation of the appellant's quadriplegic son which will house various exercise equipment and a RV transportation vehicle. The Special Use Exception is needed as this structure is considered commercial and is not in keeping with the construction that is occurring in that area. Twenty-nine notices were mailed out to a 200 foot radius and we received two in favor and three in opposition. Mr. Clancy opened the public hearing for discussion. Melody Meeks,wife of appellant,gave a presentation stating the reasons why this request was needed. Rick Stanczak of 229 Thelma Dr.,brought in twenty signed letters from the surrounding neighbors opposing the request. His opinion was that bringing a commercial building into this neighborhood would lower property values and provide opportunities for additional commercial buildings. Rudy Bubela of 217 Thelma Drive also opposed the request stating that Whiteley Drive is the only street in and through the residential area and he did not want to view this building each day of commuting. He also provided an additional five signed letters opposing this structure. There were two additional opposing views for the floor stating the same beliefs. The public hearing was closed. After much discussion,a motion was made by Loeb for denial. Motion died for lack of second. No other motion was made. Consequently,appeal was denied in view of a non-definitive vote. APPROVAL OF MINUTES A motion was made by Martinez and seconded by Loeb to approve the January 26, 2005 minutes. The motion passed by all present. OTHER MATTERS Mr. Saldana stated that Robert Broadway has resigned from the Board as of February 23, 2005 stating that he is experiencing some time constraints. He asked that the alternates review their workload and give thought to becoming a regular member of the Board. Gene Clancy requested from the Board an excused absence. Motion was made for approval by Martinez and seconded by Tinney. Mr. Saldana addressed the Board and made the request for all Board members to verify their number of absences and stated correspondence will be forthcoming on that subject. *'Zoning Board of Adjustment Iles • February 28,2005 Page 3 ADJOURNMENT The meeting adjourned at 3:15 p.m. Miguel S. Saldafia,AICP Gail Perry Zoning Board of Adjustment Administrator Recording Secretary HAPLN•DIRISHARED\CHRISTAUWORDZBAWINUTES1200S022305 MINUTES DOC