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HomeMy WebLinkAboutMinutes Board Of Adjustment - 09/28/2005 • Minutes ZONING BOARD OF ADJUSTMENT MEETING Wednesday, September 28, 2005 1:30 P.M. Board Members Present: Gene Clancy,Chairman David Loeb Vice-Chairman Taylor Mauck Charles Schibi William Tinney Dan Winship(Alternate) Board Members Absent: Ramiro Gamboa(Alternate) Staff Present Miguel S. Saldafia,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 1:32 p.m. Appeal No.ZBA0805-03(Tabled) • 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 reviewing the property and surrounding area. This appeal was originally brought before the Zoning Board of Adjustment on August 24,2005,for a variance to allow for a 14-foot encroachment in their 25-foot front yard setback. This was needed because of a misunderstanding between the appellant and the City as to the distance that is required between the front property line or street right-of-way line and the front of structure. The room addition was started some time ago with the removal of the brick veneer from the front façade trenches dug for the addition foundation. Mr.Vardeman reminded the Board members to exclude the chimney and/or fireplace area as part of the encroachment on this appeal. In review of the neighborhood,it was stated that the subject property is the only residential lots which front Buckhorn Drive. The residential properties to the west front on a street perpendicular to Buckhorn Drive allowing for a 10 foot setback from Buckhorn Drive at the corner house. Chairman Clancy opened the public hearing. SCANNED Zoning Board of Adjustment Minu • September 26,2005 Page 2 Will Louderman with Remodeling Specialties Inc.,4209 Clearfork Dr.,Corpus Christi,TX 78410,the building contractor for this room addition stated that he desired that the variance be approved so this project may be completed. In response to Mr. Winship's question,Mr. Louderman stated he needed a Texas state license because the project was over$20,000. He confirmed that as he didn't have one and that he had let the foundation subcontractor pull the required foundation permit. As part of the permit process an on site inspection must be performed at which point the work had to stop due to the extreme encroachment. There was no opposition in attendance. Mr.Vardeman stated that Staff has evaluated the topographical condition of the property and that the findings do not constitute an approval of the variance for the 14-foot encroachment into the 25-foot front yard setback at this time. Mr. Saldana further stated that based on the variation and slope of the land and after a brief consultation with our attorney, stated this may be a basis for approval. However, Staff does not believe the elevation would make a sufficient difference to support findings. Chairman Clancy closed the public hearing. Mr. Schibi stated that he felt the topography of the property is a strong enough basis for an exception and approval of this variance. Motion for approval was made by Schibi,seconded by Tinney. Motion did not pass and was denied with a 3 in favor and to 2 for denial vote. Appeal No.ZBA0905-02 Marie Colson Request: A Special Yard Exception to encroach into four (4) feet into a five (5) foot side yard setback. The property is in Cole Place Subdivision, Block 1, Lot 3-A, located on the southeast corner at intersection of Ocean Drive and Bayside Drive. Mr.Wes Vardeman presented the appeal with a power point presentation illustrating the property location. Mr. Saldana stated the need for a unanimous vote from all four(4)remaining members as Mr. Mauck and Mr.Tinney would be abstaining from voting on the case. Mr.Vardeman stated that the majority of the neighborhood homes along Ocean Drive are estate homes with typically between 15,000 square feet and an acre or more of land. Within the 200 foot notification radius,twelve(12)notices were mailed out with one(1)being returned in favor and zero(0)received in opposition. Chairman Clancy opened the public hearing. Michael Drane,representative for Luxury Homes.,2146 Burgentine Dr.,Corpus Christi,TX 78418 stated that the reason for this request is to enclose a protected storage area for excess yard equipment and miscellaneous out door supplies. The storage area would have a metal roof,prohibitive to fire,with iron gates at the front and rear of addition enclosure. Mr.Drane further stated that due to redesign of the back yard for different projects,this was the only location that was suitable for the proposed storage area. The side yard is currently an improved concrete surface and features a six-foot brick privacy wall which delineates the entire property. This brick wall is setback one foot from the surrounding property line. Zoning Board of Adjustment Min* September 26,2005 Page 3 Mr. David Garrison,Attorney for Marie Colson, additionally stated the numerous projects underway(gazebo, garage, swimming pool,and dog run)necessitating the need to construct the storage building at this proposed location. In answer to Mr. Winship's question,Michael Parks of Texas Homes, stated that the paved concrete is sloped and water would drain off the slope. There was no opposition present. Staff does not recommend approval of this Special Yard Exception based on the adverse effect this encroachment would have on the adjoining property immediately to the east and that after further review of the site plan, ample room is available at other locations on and around the property that would limit the potential for a fire hazard. Mr. Clancy, Chairman closed the public hearing. Motion for approval was made by Mr. Winship. Motion failed for lack of second. Appeal denied due to no other motion made. APPROVAL OF MINUTES Motion made by Schibi and seconded by Mauch to approve the August 24, 2005 minutes as approved. Motion passed unanimously. OTHER MATTERS Mr. Saldana stated to the Board that Mr. Gamboa has missed three consecutive Zoning Board of Adjustment meetings and is subject to removal from the Board. ADJOURNMENT Motion to close the meeting was made by Tinney and seconded by Mauck. The meeting adjourned at 2:55 p.m. Miguel S. Saldana, AICP Gail Perry Zoning Board of Adjustment Administrator Recording Secretary c:\DocuME--1\MoniqueL\LOCALS-1\Temp\gwprint\092605.2Minutes.doc