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Home My WebLink AboutMinutes Board Of Adjustment - 08/24/2005 iso in" Minutes ZONING BOARD OF ADJUSTMENT MEETING Wednesday, August 24, 2005 1:30 P.M. Board Members Present: Gene Clancy,Chairman Taylor Mauck Charles Schibi William Tinney Board Members Absent: David Loeb Vice-Chairman Ramiro Gamboa (Alternate) Staff Present Barbara Bailey-Holly, AICP, Director of Development Services Miguel S. Saldana,AICP,Board of Adjustment Administrator Wes Vardeman,City Planner Joseph Harney,Assistant City Attorney 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 1:35 p.m. Appeal No.ZBA0805-01 Sames Crow Ford Request: A Special Use Exception to allow for a non-illuminated,retractable,and rotating vehicle apparatus for advertising purposes. This property is in the Behman Subdivision,Lot 2,Block 2, located along the east side of Crosstown Expressway(State Highway 286). Mr. Miguel Saldana,Board of Adjustment Administrator,presented this appeal for consideration. A power point presentation of the property location was shown along with pictures of the non-illuminated, retractable,rotating vehicle apparatus sign under review. This is a free standing, on-premise sign and is not anchored other than four(4) screw down pods at the corners of the sign. The ford dealership had signed a three year contract for this retractable sign and was unaware they were in violation until notified by Zoning Code Enforcement. The setback requirements which were in violation have been corrected along with the removal of added lights and dealership flags. To answer Chairman Clancy's question,the sign will be located behind the 20' front yard setback. And to answer Mr.Tinney's question regarding the actual location of the apparatus will be set back far enough so there is no danger of toppling and/or falling on any object. Within the 200 foot notification radius, seventeen(17)notices were mailed out with one(1)being returned in favor and zero(0)received in opposition. Mr. Saldana stated that in order to approve this appeal,it will require a unanimous vote of four board members which is what we have in attendance. SCANNED • Zoning Board of Adjustment Miites August 24,2005 Page 2 Chairman Clancy opened the public hearing. Bob Crow, owner of Sames Crow,4721 Ayres Street, Corpus Christi,Texas, stated that the dealership wanted to make the subject sign apparatus compliant and has taken steps to correct any of the compliance problems. In answer to Mr. Clancy's question,Mr.Crow stated the recommended maximum wind load design from the manufacturer is 35 miles per hour but that once winds of 25 mph are reached, the sign is lowered. Mr. Schibi encouraged Staff that sign regulation should be adhered to beyond the setback. Ms. Holly responded mentioning that Michael Gunning is currently heading up a sign committee. Chairman Clancy stated that there have been some oversize signs within the City and that this issue has caused much conflict and concern. There was no opposition in attendance. After reviewing this appeal, Staff has no objection to this exception provided sign permit is limited to one year and is contingent on site plan submitted by appellant. In answer to Chairman Clancy's question regarding the comparison of portable signs allowed, Barbara Holly indicated that usually the portable signs are for rent and are moved from location to location whereas this is an on-premise sign. The portable signs also have the ability to blow over very easily which wouldn't occur in this instance. Mr. Clancy, Chairman closed the public hearing. Motion for approval was made by Mr. Schibi and seconded by Mr. Tinney subject to the submittal of an approved site plan and a one (1)year permit issued to accommodate a sign not over 25' in height and limited to 200 square feet in area. The subject sign is to be retracted or placed in a collapsed position when wind speeds reach 25 mph or more and stipulated that the appellant check with the manufacturer regarding wind load capabilities and size of the vehicle positioned atop the structure. Motion passed unanimously. Appeal No.ZBA0805-02 Nextel Partners,Inc. Request: A Special Use Exception to construct a 120 foot monopole telecommunications tower. This property is .44 acres out of Lot 22, Section 21, Flour Bluff&Encinal Farm&Garden Tracts located on the northwest corner at the intersection of Nela Road and East Logan Drive. Mr. Wes Vardeman presented the appeal with a power point presentation illustrating the property location,plan and elevation views of the tower and current service area illustrations. This request for a Special Use Exception is to expand and improve the current cellular phone use in the area. The site is vacant and located in the Roddfield industrial. There are several businesses in the area and a single family residence approximately 50 feet from the proposed structure. The minimum setback for such a structure has a height ratio of 1.5 to 1 unless the tower is designed to withstand a wind speed of 130 mph or greater which applies to this appeal. Towers that exceed 85 feet are permitted in non-residential areas but are required to go before the Board. Nextel acknowledged that they will construct the tower to a higher standard and submit a letter to the City. Chairman Clancy opened the public hearing. Michael Crane,representative for Nextel Partners, Inc., 1821 Westlake,Austin,Texas,addressed the Board with sevice area maps of the proposed tower indicating that the Roddfield industrial area was one of only a few that would allow for the location of such a structure. Mr. Crane stated they have decided to lower the tower from 150 feet as first proposed to a height of 120 feet for financial and feasibility reasons. IMO Zoning Board of Adjustment Miirt August 24,2005 Page 3 The single family residence closest to the structure is under contract to be sold and vacated. Chairman Clancy suggested that improving or disguising future designs would be more appealing to the neighborhood and would be appreciated. Staff recommendation indicated approval of the structure subject to site plan,elevation view, and substantially higher wind-load standard, submitted to the Board pending that there is no significant opposition received. Mr. Clancy, Chairman closed the public hearing. Motion for approval was made by Mr. Mauck, seconded by Mr. Schibi subject to the submitted site plan, elevation view, and the greater design standards of a tower to sustain wind loads of 130 mph or greater. Motion passed unanimously. Appeal No.ZBA0805-03 William Louderman Request: A Variance to allow for a fourteen(14) foot encroachment of a proposed home addition into the twenty five(25) foot front yard setback located at 13109 Buckhorn Drive. This property is in Calallen Townsite, Lot 14A, Block 13, located on the south side of Buckhorn Drive and approximately 300 feet west of State Highway 77 frontage road. Mr.Wes Vardeman presented the appeal with a power point illustration showing the property and surrounding area. The subject property is located in the Calallen area of Corpus Christi which is rather hilly and in this neighborhood does not have curbs,gutters or sidewalks. The property owner has begun the room addition and the brick veneer or front wall has been removed. The subject property is 90 feet wide and 150 feet deep,rectangular in shape and has a slope of 7 plus feet from one side to the other. There were nine(9)notices sent out with two(2)returned in favor and zero (0)returned in opposition. Chairman Clancy opened the public hearing. Will Louderman with Remodeling Specialties Inc.,4209 Clearfork Dr., Corpus Christi,TX 78410, stated that he is the building contractor for a room addition to Mr. Hastings's residence and that at the beginning of the project,efforts were made to check with the City to verify all building and right-of- way setbacks. Mr. Louderman went on to say that he personally contacted Grace Flores in Plan Review to verify the 25 foot front yard setback. Mr. Louderman stated that they measured the distance which was thirty-one(31) feet from the street and felt 100% sure that they were ok and within the City's regulations. A building permit was obtained and drawings submitted. We chose to put the addition in the front of the property because of the slope towards the east and south of the property. Once started,the City inspector was called to inspect the work done thus far and indicated that there was an encroachment into the 25 foot front yard setback. Mr. Louderman further stated that he contacted a surveyor who obtained a copy of a plat of the property which showed a(30) foot street right of way on each side of the street. Mr. Louderman brought a copy of the plat for review. Upon review,the plat shows the center of the street being outlined by dash lines which is the starting point of the 30 foot setback. Mr. Miguel Saldana stated that people often make the mistake of not communicating clearly and mistakenly using the term"street" when in fact the correct term would be "edge of street right-of-way or the property line". Staff recommends denial of variance to reduce the front yard from 25 feet to 11 feet as substantial findings could not be met. • Zoning Board of Adjustment Mutes August 24,2005 Page 4 Chairman Clancy closed the public hearing. Motion for approval was made by Schibi, seconded by Mauck. Chairman Clancy inquired whether a stipulation should be made with motion that survey be performed on property as a condition of the approval. Mr. Schibi agreed with Chairman Clancy to have that included in the motion. Motion did not pass with a vote of 3 to 1. Motion was made by Schibi to re-open up the public hearing, seconded by Tinney. Mr. Schibi stated his reasons for approval indicating that the 7 foot slope on property showed exceptional hardship and consideration should be shown that the only two lots on the block are owned by the same individual. Mr. Saldana stated he felt Mr. Mauck's hesitation with approval is his desire to see the survey completed before approval is granted. In that way, we will know that we are abiding by the 14' setback. Miguel stated that another option might be to ask the applicant if he would consider waiting one month so a survey may be obtained. Motion was made by Mauck and seconded by Schibi to reconsider appeal. Tim Hastings, 13109 W. Buckhorn Dr.,Corpus Christi,TX 78410. Mr. Hastings stated his need to have the project continued. The Board advised Mr. Hastings that in this way there will be no question that the encroachment is 14 feet and may save problems in the future. Motion to table appeal for one month was made by Schibi and seconded by Tinney to give appellant ample time to obtain survey. Motion passed unanimously. APPROVAL OF MINUTES A motion was made by Schibi and seconded by Tinney to approve the June 22, 2005 minutes as approved. Motion passed unanimously. OTHER MATTERS Mr. Saldana stated to the Board that Mr. Martinez is now a member of the Planning Commission. ADJOURNMENT Motion to close the meeting was made by Schibi and seconded by Mauck. The meeting adjourned at 3:20 p.m. Miguel S. Saldana,MCP Gail Perry Zoning Board of Adjustment Administrator Recording Secretary C:\DOCUME-1\MoniqueL\LOCALS-1\Temp\gwprint\082405 Minutes.doc