HomeMy WebLinkAboutMinutes Board Of Adjustment - 12/17/2008 ler 'NW
Minutes
ZONING BOARD OF ADJUSTMENT MEETING
Wednesday, December 17, 2008
1:30 P.M. R�
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4'0Board Members Present: Taylor Mauck, Chairman 4P1
William Tinney, Board Member Ci22 2009
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Ben Molina, Board Member SFR
ThomasR. Bryan Johnson
McDonald(Alternate) �ARyS AFF/CE
Morgan Spears (Alternate)
Board Members Absent: Dan Winship,Vice-Chairman
Staff Present: Robert Nix, Assistant City Manager
Faryce Goode-Macon, Assistant Director-Planning
Jay Reining, First Assistant City Attorney
Shelly Shelton, City Planner
Elena Juarez, Recording Secretary
I. CALL TO ORDER
A quorum was declared and the meeting was called to order by Chairman Mauck
II. PUBLIC HEARING AGENDA ITEMS
It was stated by Shelly Shelton that ZBA Case Nos. 1108-04 has been tabled to
January 28, 2008 and 1108-05 has been tabled for presentation at the Zoning Board of
Adjustment meeting of January 8, 2009.
A. APPEALS
1. Tabled Appeal(s)
a. Appeal No. ZBA1108-04—Tabled to January 28, 2009
WPW Enterprises, L.L.C.: Special Use Exception to allow
for the installation and operation of a telecommunication
tower.
Being 0.037 Acre (1,600 square feet) of land, more or less,
Flour Bluff and Encinal Farm Garden Tract, 2.869 acres of Lot
9, Section 11, located at 3321 Cimarron Road.
2. New Appeal(s)
b. Appeal No. ZBA1108-05 —Tabled to January 28,2009
T-Mobile: Special Use Exception to allow for the
SCANNEDinstallation and operation of a telecommunication tower.
Being 0.014 Acre (600 square feet) of land, more or less
out of Lot 1, Bob Rose Rice Addition 2, located northwest
from South Padre Island Drive at 2921 Waldron Road.
Motion was made Chairman Mauck and seconded Board Member Molina with Board
Member Winship absent, to table ZBA 1108-04 and ZBA 1108-05. Motion passed
unanimously.
c. Appeal No. ZBA 1208-01
Robert and Janet Gross: Variance to allow for the
reduction of the garage setback from 20' to 9'6"
Del Mar Subdivision, north 27' of Lot 4, Lot 5, Block 3
located at 1801 Ocean Drive.
Shelly Shelton presented a PowerPoint for ZBA1208-01: Robert and Janet Gross
requested a variance from Section 27-3.03.07 of the zoning ordinance requiring a
minimum of garage setback of 20 ft. The appellants requested a reduction from 20' to
9.5' to preserve the existing landscaping. Ms. Shelton stated the subject property is
zoned "R-1B" One Family Dwelling District. The recommended future land use is Low-
Density Residential.
Ms. Shelton stated that Robert and Janet Gross have obtained the building permit,
for residential plans without a garage. Ms. Shelton highlighted the plans that are
proposed with the garage and a 9.5' setback. Shelly described the approved plans of a
house which is approximately 4175 square feet and the proposed plans with the garage
which is approximately 6600 square feet. Ms. Shelton presented images that showed the
placement of the garage. Ms. Shelton stated 11 notices were sent out; 1 in opposition was
received. Staff's analysis determined that the lot is rectangular in shape, and of ample
square footage to accommodate the approved plans. The proposed home cannot be
placed on the lot and retain the existing landscaping.
There are not extenuating circumstances to constitute the hardship, and Staff's
recommendation was denial. Mr. Molina, inquired about the opposition letter. Shelly
stated that the letter stated concerns about safety and property values.
Ms. Shelton repeated the recommendation per legal's request, which states the
proposed reduction encroaches in the right of way. Allowing the reduction of the garage
setback from 20' to 9.5' would not accommodate a vehicle. The average length of a
vehicle is approximately 15 feet, which the proposed setback could not accommodate.
Chairman Mauck stated that it is illegal to block a sidewalk with a vehicle within the City
of Corpus Christi.
Public hearing was opened.
The appellant stated that his family had an interest in building their dream home
and staying at the same location. Originally, Mr. Gross was denied a building permit for
residential plans, which included a garage. Mr. Gross resubmitted plans which excluded
the garage for which he received a building permit. Mr. Gross presented his case hoping
that the Zoning Board of Adjustment would grant him a variance to reduce the garage
setback.
Steve Vacon, from Rockport Texas, stated that Mr. Gross' desire to retain the
existing landscaping dictated the placement of the garage and its opening. Board
Members suggested alternative placement of the garage opening. The alternative design
does not require a variance.
Public hearing was closed.
Motion statement, "In accordance with section 29-5, the zoning ordinance moved
to ZBA1208-01, a request for variance for the garage set back from 20ft to 9.5 ft on
Ocean Drive, Delmar Subdivision block 3, lot 5 on the North 27' of lot 4 would be
denied on the basis of the required findings as stated in section 25-5.01 can not be made.
Motion for denial was made by Board Member McDonald and second by Board
Member Tinney with Board Member Winship absent. Motion passed unanimously.
III. APPROVAL OF MINUTES
Motion was made for approval of the December 3, 2008 minutes by Board
Member Tinney and seconded by Board Member Molina, with Board Member Winship
absent, with the following correction being made regarding Appeal No. ZBA1108-02:
Motion passed with Chairman Mauck and Board Member Winship voting no.
Motion passed unanimously.
IV. ADJOURNMENT
Motion for adjournment was made at 2:21 p.m. Motion passed unanimously with
Vice-Chairman Winship being absent.
Shelly Shelton Elena Juarez
City Planner Recording Secretary
Zoning Board of Adjustment
Administrator
H:\PLN-DIR\SHARED\ZONING\ZBA\2008 ZBA Files\2008 Minutes\12-17-08Minutes.doc