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Minutes
ZONING BOARD OF ADJUSTMENT MEETING
Wednesday,October 26,2005
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 1:30 p.m.
Appeal No.ZBA1005-01
Tom and Juanita Hargis
Request: A Special Use Exception to allow for a reduction in the number of required vehicle parking
spaces from 23 to 10 located at 2617,2619 and 2621 Ayres Street,Corpus Christi,Texas. The property
is in Dahlia Terrace Subdivision,Lot 3,Block 2, located along the east side of Ayres Street.
Mr.Tinney excused himself from the meeting leaving a quorum of five(5)board members with
Mr.Winship being a voting member.
Mr.Wes Vardeman presented the appeal with a power point illustration reviewing the property
and surrounding area. The property is located across from Del Mar Community College. Mr.Vardeman
stated that there are a total of sixteen parking spaces with six(6)parking spaces for employee parking
located in the back of the property. As the driveway along the south boundary line is too narrow and
undersigned,we do not count the six spaces in the appeal request. This leaves ten(10)spaces in the
front of the property for customer parking. This property is under development and the contractor failed
to obtain the necessary permits and has now abandoned the project. The proposed use is for multi family
and residential uses. The building toward the north side of the property will function as apartment
buildings and the building to the south side will be for retail use which total 3,700 square feet. In
addition,the commercial properties to the south do not provide adequate offsite parking. The appellant's
request brings the parking to a 57%reduction in the parking requirement. Typically,a 10%reduction is
acceptable.
SCANNED
9
Zoning Board of Adjustment Minutes
October 26,2005
Page 23
In answer to Mr. Clancy's question,the required parking has come into place due to the
remodeling that is currently taking place.
Mr.Winship stated that the decrease of the parking spaces occurred due to the widening of
Ayres Street.
There were twenty(20)letters of notification with zero(0)received in favor or opposition.
In answer to Vice-Chairman Loeb's question,Mr. Saldafia stated that the 50%test comes into
place when,per the zoning ordinance,you have renovations that exceed 50%of the value of the
property.
Public hearing was opened.
Mr.David Walker,5413 Parliament Drive,Corpus Christi,Texas. Mr.Walker is an architect
who has been working with Mrs.Hargis on the project. The property had gone through extensive
vandalism and the Hargis's had obtained a contractor to make needed repairs,upgrade and bring the
property up to code. After much expense and time,Mrs. Hargis realized that the contractor had not
obtained the necessary permits or had the necessary work done and hired Mr. Walker. Once Mr.Walker
became involved,they realized that a site plan or survey had not been established. In November 2004,
she obtained a remodeling permit to do renovations on the two(2)apartments and has been working
toward getting them ready for occupancy. Mrs. Hargis is now at the point to resolve the problem with
the limited parking spaces.
Mrs.Hargis,4406 Moravian,Corpus Christi,Texas. Mrs. Hargis stated that her intent was to be
in compliance with the City's code regulations and have appropriate wind storm insurance. Due to my
husband being very ill since 1990 and working full time,my husband and I sold the property in 1999.
The new owners quit making payments and we re-purchased the property in 2002. The property had
been severely vandalized and,in 2003 we obtained a contractor to make repairs and bring the property
up to code.
Mrs.Hargis stated that she looked at different alternatives and has spoken to the neighbors to
possibly share their parking or to gain access to her parking but they chose not to.
In answer to Mr. Loeb's question,Mrs.Hargis stated she had put$100,000 into the property
addition since re-purchasing.
In answer to Mr. Loeb's question,Mrs.Hargis stated that the assessed value of the property was
$60,669.00.
Suggestion was made that the commercial property be converted to another apartment
building and alleviate the problem of the parking spaces.
Mrs.Hargis stated that she had contemplated that option but felt financially it was not possible.
Public hearing was closed.
Mr. Saldafia stated that one option for approval may be that the neighborhood is not adversely
impacted.
41111
Zoning Board of Adjustment Minutes
October 26,2005
Page 3
Motion for approval made by Mr. Schibi and seconded by Vice-Chairman Loeb with the stipulation that
there will be no adverse impact on the neighborhood. Motion passed unanimously with Mr.Tinny and
Mr.Zamboa being absent.
Appeal No. ZBA1005-02
D.V. Navigation Properties,Ltd.
Request: A Special Use Exception to locate an above ground storage fuel tank on site. The property is
located in Ellendale Gardens No. 3,a portion of Lot D,Block 5,located at 505 Flood on the west side of
Flood Street and approximately 600 feet south of Leopard Street.
Mr.Wes Vardeman presented the appeal with a power point illustration reviewing the property
and surrounding area. This request for an above ground storage tank has been presented before the
Planning Commission and also needs to be presented to the Zoning Board of Adjustment as the request is
located in an"I-2"district. Mr.Vardeman stated that the storage tank has been approved by the Fire
Department. Mr. Saldafa stated that the adjacent property has a Special Use Exception to store
explosives.
In answer to Mr.Clancy's question,the surrounding area is primarily industrial.
There were eleven(11)letters of notification with zero(0)received in favor and one(1)received
in opposition.
Chairman Clancy opened the public hearing.
Craig Williams,Branscomb PC, 309 Pasadena,Corpus Christi,Texas. It is a 6,000 gallon state of
the art double wall above-ground fuel storage tank and will provide fire and environmental protection.
Roy Guilliard,JV Navigation Properties, Ltd.,957 Cantwell Lane,Corpus Christi,Texas. Mr.
Guillard stated J.V.Navigation provides services to the refineries to store fuel for their tanks and/or
compressors and trucks. There are some abandoned tanks on the premises but are not being used.
In response to Mr.Clancy's question,it has a concrete exterior and it is an oblong round tank and
has a top certification for tanks. Mr.Guilliard further stated that all city and state regulations will be met.
Donna Ganoe, 506 Flood Street,Corpus Christi,Texas. Mrs.Ganoe stated that trucks have been
using Flood Street and trucks are not allowed. The street is very narrow and only wide enough for an
ambulance and a fire truck. If the street is blocked and there was an emergency there would not gain
access.
Mr. Guilliard stated that there had been trucks accessing Flood Street and that the gates will be
closed denying access to Flood Street. The larger equipment can go through the front entrance of the
shop and not access Flood Street. Mr. Guilliard stated that a sign will be placed to deny access to Flood
Street.
Public hearing was closed.
Motion for approval was made by Vice-Chairman Loeb and seconded by Mr. Schibi subject to
closure of gates on Flood Street and be limited to a 6,000 gallon tank. Motion passed unanimously with
Mr.Tinny and Mr.Gamboa being absent.
• •Zoning Board of Adjustment Minutes
October 26,2005
Page 5
Appeal No. ZBA1005-03
Tim Hastings
Request: A Variance to allow for a three (3) foot encroachment of a proposed home addition into the
twenty-two (22) foot front yard setback located at 13109 Buckhorn Drive. This property is in Calalien
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. Mr. Hastings reducing the concrete slab to the center beam trying to salvage some
part of the existing slab. The firebox will be allowed to protrude beyond the center beam. These are only
two lots that front onto Buckhorn Drive which is a 60 foot right-of-way. The appellant has stated that the
reason for the encroachment was a misunderstanding between the City and the building contractor who
was handling the project.
Staff states even though there is topographical conditions and undue hardship the findings
cannobe made for approval of this appeal. There were seven(7)notices mailed out with two (2)returned
in favor and zero(0)returned in opposition.This case was previously
Tim Hastings, 13109 Buckhorn Drive, Corpus Christi, Texas. Mr. Hastings stated that Mr.
Louderman is no longer the contractor on this project and is trying to continue with the remodel as easily
as possible. I have taken all the rebar up to the center beam and ask that the variance be approved so I
may finish the project.
Mr. Saldarla stated that the City is working on an amendment with Unified Development Code
that on a 10%reduction,an administrative determination can be made and this would fall within that
reduction. If you saw the plat map to the board on the commercial area,the setback is not 25 feet but 20
feet so the impact of this 3 foot encroachment has no impact in that area.
Public hearing was closed.
Motion for approval by Mr. Schibi and seconded by Mr.Mauck subject to the site plan. Motion
passed unanimously with Mr.Tinney and Mr. Gamboa being absent.
APPROVAL OF MINUTES
Motion made by Mr. Winship and seconded by Vice Chairman Loeb to approve the September 28,2005
minutes as approved. Motion passed unanimously with Mr.Tinney and Mr.Gamboa being absent.
OTHER MATTERS
Motion was made by Vice Chairman Loeb and seconded by Chairman Clancy to have next
month's meeting on November 16th in view of the Thanksgiving holidays. Motion passed unanimously
with Mr.Tinney and Mr.Gamboa being absent.
Motion was made by Mr. Schibi and seconded by Vice Chairman Loeb to cancel the December
meeting. Motion passed unanimously with Mr.Tinney and Mr. Gamboa being absent.
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Zoning Board of Adjustment Minutes
October 26,2005
Page 5
Mr. Saldana stated to the Board that in view that Mr. Gamboa has missed four consecutive
Zoning Board of Adjustment meetings and is removed from the Board.
Mr. Saldana reminded the board members of the City Council reception to be held on November
3rd for all commission and committees. Mr. Vardeman will be representing me.
ADJOURNMENT
Motion to close the meeting was made by Vice Chairman Loeb and seconded by Mr. Schibi. The
meeting adjourned at 3:30 p.m.
Miguel S. Saldana,AICP Gail Perry
Zoning Board of Adjustment Administrator Recording Secretary
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