HomeMy WebLinkAboutMinutes Board Of Adjustment - 10/26/2005 yaw 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. C:\DOCUME-1\MoniqueL\LOCALS-1\Temp\gwprint\102605 Minutes.doc 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 C:\DOCUME-1\MoniqueL\LOCALS—1\Temp\gwprint\102605 Minutes.doc