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HomeMy WebLinkAboutMinutes Board Of Adjustment - 02/25/2009 w RECEIVED Minutes APR 2 2 2309 ZONING BOARD OF ADJUSTMENT MEET Wednesday, February 25, 2009 SECRETARY'S OFFICE 1:30 P.M. Board Members Present: Taylor Mauck Dan Winship, Vice-Chairman William Tinney, Board Member Ben Molina, Board Member R. Bryan Johnson Thomas E. McDonald (Alternate) Board Members Absent: Morgan Spear, (Alternate) Staff Present: Shelly Shelton, City Planner Lisa Wargo, Senior City Planner Jay Reining, Legal Counsel Erica Gomez, Recording Secretary Si usted quiere dirigirse al consejo de ajustamiento y su ingles es limitado, habra un interprete en la junta para ayudarle. I. CALL TO ORDER A quorum was declared and Chairman Mauck explained the hearing process. II. APPROVAL OF MINUTES Motion to approve the minutes from the January 28, 2009 hearing was made by Board Member Johnson and seconded by Board Member Tinney. III. PUBLIC HEARING AGENDA ITEMS A. APPEALS 1. New Appeals a. Appeal No. ZBA 0209-02 Holly Oaks Business Plaza, LLC, Robert Sells: Variance to reduce the rear yard setback requirement IP • Page 2 of 9 Gardendale Subdivision, Block 10, Lots 17 and 18 located on Holly Road at the northeast corner of the intersection with Burton Lane Shelly Shelton presented a PowerPoint for ZBA0209-02: The Appellant requested a variance to reduce the rear yard setback requirement from 15 feet to seven and one half (7.5) feet. Ms. Shelton stated that the existing use of the property was a professional office and the zoning was a B-1A Neighborhood District. Ms. Shelton stated that the recommended future land use for the subject property is commercial, and the recommended future land uses for adjacent properties are commercial and residential. Ms. Shelton stated the front yard setback requirement is 20 feet. In this case, the interior yard set back is zero (0), the Burton Lane side yard setback is twenty feet, and the rear yard setback requirement is 15 feet. Shelly Shelton stated for residential adjacency, the height restriction is 26 feet. Ms. Shelton briefly states that when the two story building was constructed it met the rear yard set back requirement of 15 feet. However, the balcony, stairway, and associated roof were not in compliance with the Zoning Ordinance when constructed. The balcony and stairway were permitted by Staff, so the Appellant thought the balcony was in compliance; the associated roof was built by the Appellant, but was not depicted on the permitted plans. The Zoning Board of Adjustment reviewed the plans which Miss Shelton brought to the hearing. Public Hearing Opened. In favor: Robert Sells, 3225 Nassau Dr. Corpus Christi, Texas, one of the property owners of Holly Oaks Business Plaza, LLC, stated that the project received approval from Staff. The 5 foot balcony was built due to an egress issue that required ADA compliance for an area of refuge at the top of the stairs. Mr. Sells stated that the zoning ordinance allows eaves and cornices with an overhang up to 42 inches from the end of the building, so he thought he was in compliance with the code. He decided to build the roof because he wanted to provide shading, protection from the rain, and create an appealing appearance from the neighbor's view. He stated that he wanted the project to be aesthetically pleasing and fit in contextually with existing residential development. Greg Achtley, 683 County Rd 230, Orange Grove, Texas, another owner of the subject property, stated that if the Zoning Board of Adjustment decided not to approve the request variance, removal of the staircase, balcony, and unpermitted roof would affect the integrity of the structure. The building is 75 % occupied, and a particular tenant that resides upstairs would be in violation of their lease if the balcony was removed. Mr. Achtley stated that re-locating the fire escape in another area would be very expensive. Vice-Chairman Winship stated the permitted plans did not meet the code requirement Page 3 of 9 because the balcony was not in compliance, and the owners embellished upon what was on the approved plans by adding the roof. In opposition: Rudy Medina, 5413 Cain, stated he has been complaining about the building for 2 years and when he requested a copy of the plans from Staff he received a letter from the City of Corpus Christi stating that the plans did not exist. He has had questions about the balcony since its construction, but the owners refused to speak to him about the issue. He stated that he received notification from City Staff that the hand rail extends 5.5 inches, and according to the photos the roof extends almost 7.5 feet. He claims that gentlemen stand on the balcony looking down at his girls swimming and he is bothered that the balcony looks over his property, his family has no privacy. He stated that in his opinion the owners were fully aware of the setback, but decided not to abide by it. Yvonne Brown, 5417 Cain, stated that there are men constantly standing out on the balcony smoking cigarettes, and watching her girl's play. She feels her privacy is being violated. She stated that the building does not look very appealing. Public Hearing Closed Public Hearing Reopened Mr. Medina said what really bothers him is that the owners, in his opinion, were fully aware of the setbacks and disregarded them, and he has been complaining about the project for two (2) years. Public Hearing Closed The Zoning Board of Adjustment discussed the egress issue and came to the conclusion that if the balcony and stairway are not allowed another form of egress must be provided at the expense of the owners. Public Hearing Reopened Vice Chairman Winship addressed the two (2) speakers in opposition of the variance, and asked if they would feel anything was accomplished if the roof was removed and the balcony remained since it was shown on the permitted plans. Mr. Medina answered and said that it would make a difference because the builders have been using the roof over the balcony as an excuse not to plant canopy trees so if the roof were removed then canopy trees could be planted. Public Hearing Closed Page 4 of 9 Motion statement, "Under section 29-5 of the Zoning Ordinance, I move that Appeal No. ZBA 0209-02, a request for a variance to allow for the reduction of rear yard setback from 15 feet to seven and one half (7.5) feet on Holly Road, Gardendale Subdivision, Block 10, Lots 17 and be denied but we approve a variance for the reduction of the rear yard setback to nine (9) feet on the condition that the roof over the balcony must be removed. Due to extraordinary and exceptional situation, being that the balcony and stairway were permitted by the City, strict application of the rear yard setback requirement would result in peculiar or exceptional practical difficulties to, or hardship upon,the owner of the subject property. Motion was made by Board Member Winship and seconded by Board Member Molina with Board Member Morgan Spear absent. Motion passed with Chairman Mauck voting for approval. b. Appeal No. ZBA 0209-03 Steve Almond, Tracy Long: Special Use Exception for the installation and operation of two (2)wind turbines Flour Bluff& Encinal Farm & Garden Tracts, Section 38, Lot 23 located approximately 2,000 feet south of Yorktown Boulevard and 1,200 feet west of Flour Bluff Drive. Shelly Shelton presented a Power Point for ZBA 0209-03: The Appellant requested a Special Use Exception to install and operate two (2) small wind energy systems. The existing land use is residential. The project site exists within the "R-B1" One-Family Dwelling Zoning District, specifically created for moderately spacious residential development, public buildings, and churches. Ms. Shelton stated the recommended future land use for the subject property is low-density residential, and the recommended future land uses for surrounding properties are low-density residential, estate residential, and commercial. Ms. Shelton stated the setback requirements are 25 feet, side and rear yard requirements are 5 feet, and the height restriction is a maximum 35 feet or 3 stories. Shelly Shelton stated that the wind energy system must comply with the Zoning Ordinance requirements: the parcel. The Appellant meets all the zoning ordinance requirements according to the Zoning Board of Adjustment: • Twenty acres • The wind turbine is 39.5 feet tall at the end of the tip • The turbines meet the setback requirement of 59.25 feet. • The distance between the ground and the tip of the blade will be 33.5 feet • The separation is 110 feet Page 5 of 9 • The maximum decibel level at the property line is 60. Downwind, at 58 feet from the Skystream 3.7 the decibel level is 55, the decibel level dissipates sp the sound requirement will be met. • Technical specifications for the Skystream 3.7 state that the turbines meet the survival wind speed of 140 mph • Not roof mounted Public hearing Opened. Tracey Long, 155 Suvalin, Portland, Texas, stated noise level tests were performed on-site and provided a copy of the studies. Mr. Long stated that "if one wind turbine was turned on, you would not be able to hear the second wind turbine". Mr. Long's tests indicated that the sound levels did not exceed 60 decibels. Mr. Long stated that 43 decibels are similar to what the sound would be like if no one was around. Public hearing closed Motion statement, "In accordance with section 29-3 of the Zoning Ordinance, I move to approve appeal ZBA 0209-03, a request for Special Use Exception to allow for the installation and operation of two (2) small wind energy systems at Flour Bluff & Encinal Farm and Garden Tract, Block 38, Lot 23 be approved based on the finding that in its opinion and as a matter fact, such a Special Use Exception will not substantially affect adversely the uses of adjacent and neighborhood property permitted by the Zoning Ordinance subject to the following conditions: (1) location of the wind energy system must be in compliance with the site plan presented by the Zoning Board of Adjustment, and (2) The appellant has 12 months from the date of Zoning Board of Adjustment action to start the project or the Special Use Exception would expire. Motion for approval was made by Board Member Tinney and seconded by Board Member Johnson with Board Member Spear being absent. Motion passed unanimously. c. Appeal No. ZBA 0209-04 Closner/Brownstone Ventures Corpus, LLC, Jed A. Brown: Special Use Exception for the installation and operation of an above ground fuel storage tanks. Being 20 foot by 40 foot (800 square feet) area out south of Industrial Technology Park Unit#3, Lot 1 generally located on the west side of South Padre Island Drive and approximately 2,300 feet north of Old Brownsville Road.. Shelly Shelton presented a Power Point presentation for ZBA 0209-04: The appellant requested a Special Use Exception to allow for an objectionable use, the installation and *ge Vie Page 6 of 9 operation of two (2) above ground fuel storage tanks or one combined fuel storage tank, holding 2,000 gallons of diesel and 500 gallons of gasoline. Ms. Shelton stated that the project site is located within the "I-2" Light Industrial Zoning District. She also stated that the recommended future land use for the subject property and surrounding properties is light industrial. The recommended future land use across S.P.I.D is Research Business Park. Ms. Shelton mentioned that the front yard setback requirement is 20 feet, and there are no side and rear setback requirements unless there is residential adjacency. Public hearing opened. Joe Jernigan, 4101 Standford, Dallas, Texas, stated that he owns three (3) properties in Corpus Christi and two of the properties are contiguous to the subject property. Mr. Jernigan stated he has been in business for 33 years in Corpus Christi, and during that time he has had bad experiences with storage tanks. He stated that storage tanks leaked and contaminated the ground water; the tank was underground, but he really is not familiar with above ground tanks. Mr. Jernigan is concerned about the safety hazards to the property. Public hearing closed. Motion statement, "In accordance with section 29-3 of the zoning ordinance, I move to approve appeal ZBA 0209-04, a request for Special Use Exception to allow for installation and operation of two UL-2085 above-ground fuel storage tanks or one combined UL-2085 fuel storage tank containing 2,000 gallons of diesel and 500 gallons of gasoline in an 800 square feet area out of Industrial Technology Park Unit 3, Lot 1 be approved based on the following that in the boards opinion and as a matter of fact such Special Use Exception will not substantially affect adversely the uses of adjacent and neighboring property permitted by the Zoning Ordinance subject to the following conditions: (1) the location of the above ground fuel storage tanks must be in compliance with the site plan submitted through the Zoning Board of Adjustment; (2) the project must install two UL-2085 tanks rated or equivalent as approved by the fire department with a total capacity of 2,000 gallons of diesel and 500 gallons of fuel; (3) property must be in compliance with the City Council approved Special Permit, such Special Permit and approval of the project shall be used within 12 months of the date of this ordinance. Motion for approval was made by Board Member Molina and seconded by Board Member Johnson with Board Member Spear being absent. Motion passed unanimously. d. Appeal No. ZBA 0209-05 Portland U-Rent-It, Bart Nelms: Special Use Exception to allow for the installation and operation of an above ground fuel storage tank. Being a 30 foot by 30 foot (900 square feet) area out of Braselton Tract, Tract No. 2 as recorded in Volume 26, ® 9 Page 7 of 9 Page 39 of the map records of Nueces County, Texas, located approximately 200 feet south of Interstate 37 and 200 feet west of Cantwell. Shelly Shelton presented a PowerPoint presentation for ZBA 0209-05. The Appellant requested a Special Use Exception to allow for an objectionable use, the installation and operation of a 500 gallon above ground diesel storage tank to replace an existing above ground fuel storage tank. Ms. Shelton stated the project site is located within the "I-2" Light Industrial Zoning District. The recommended future land use is a commercial, and the recommended future land uses for surrounding properties are Light Industrial and Commercial. Ms. Shelton stated City Council has approved the following conditions: Fire Department approval, Zoning Board of Adjustment approval, and the Special Permit will expire 12 months from January 27, 2009 if the project is not started. Public hearing opened. Barton Nelms, 418, Cape Henry, Corpus Christi, stated that the Fire Department inspected this specific property and claimed the wrong fuel tanks were being used. Mr. Nelms stated that the fuel tanks are 500 gallon tanks used to refuel equipment and that these specific tanks have been utilized for years, but he was not aware that he was not in compliance with the applicable codes. Public hearing closed. Motion statement, "In accordance with section 29-3 of the Zoning Ordinance, I move to approve appeal ZBA 0209-05, a request for Special Use Exception for an objectionable use to allow for installation and operation of a 500 gallon above-ground fuel storage tank in a 900 square foot area out of Braselton Tract, Tract No. 2, as recorded in Volume 26, Page 39 of the map records of Nueces County, Texas,be approved based on the finding that in the Board's opinion and as a matter fact, such a Special Use Exception will not substantially affect adversely the uses of adjacent and neighborhood property permitted by the Zoning Ordinance subject to the following conditions: (1) location of the above ground fuel storage tank must be in compliance with the site plan presented to the Zoning Board of Adjustment; and, (2)must install UL-2085 rated or equivalent, as approved by the Fire Department with a total capacity of 500 gallons of diesel; and, (3)the property must be in compliance with the City Council approval of the Special Permit; and, (4)the project must be started prior to 12 months from January 27, 2009 the day of the action of City Council or the Special Use Exception Permit will no longer be valid following that date. Motion approved by Board Member Tinney, and seconded by Vice-Chairman Winship with Board Member Spear being absent. Motioned passed unanimously. e. Appeal No. ZBA 0209-06 460 Page 8 of 9 Portland U-Rent-It,Bart Nelms: Special Use Exception to allow for the installation of and operation of an above ground fuel storage tank Being a 20 foot by 20 foot(400 square feet)out of B.K.A. Joslin Tracts, Block A, Lot 5-B located approximately 400 feet north of South Padre Island Drive and 1,137 feet east of Rodd Field Road. Shelly Shelton presented a PowerPoint presentation for ZBA 0209-06. The Appellant requested a Special Use Exception to allow for an objectionable use, being the installation and operation of a 500 gallon above-ground diesel storage tank to replace an existing above-ground fuel storage tank. Ms. Shelton stated that the project falls within the "R-B1" One-Family Dwelling Zoning District. The current existing land use is commercial and used for equipment rental. The recommended future land use for the subject property is Medium-Density Residential, and the recommended future land uses for surrounding properties are Medium-Density Residential and Commercial. Ms. Shelton stated the front yard setback requirement is 20 feet, and side and rear yard setback requirements are five feet. Ms. Shelton stated City Council approved the Special Permit with the following conditions; approval from the Fire Department, Zoning Board of Adjustment, and a 12-month time limit attached to Special Permit, valid for up to 12 months from the date of January 27, 2009. Public hearing opened. Bart Nelms said"Diddo" Public hearing closed. In accordance with section 29-3 of the zoning ordinance, I move to approve appeal ZBA 0209-06, a request for Special Use Exception for an objectionable use to allow for installation and operation of a 500 gallon above ground fuel storage tank in a 400 square foot area out of B.K.A. Joslin Tract, Block A, Lot 5-B,be approved based on the finding that in the Boards' opinion and as a matter fact such a Special Use Exception will not substantially affect adversely the uses of adjacent and neighborhood property permitted by the zoning ordinance subject to the following conditions: (1) location of the above ground fuel storage tank must be in compliance with the site plan submitted to the Zoning Board of Adjustment, and(2)must install one(1)UL-2085 rated or equivalent, as approved by the Fire Department with a total capacity of 500 gallons of diesel(3) property must be in compliance with the City Council approval of special permit, (4) project must begin within 12 months from January 27, 2009 the day of the action of city council or the Special Use Exception is no longer valid. Motion of approved by Board Member Johnson, and seconded by Board Member Molina with Board Member Spear being absent. Motioned passed unanimously. "ftv IMO Page 9 of 9 IV. DISCUSSION ITEM 1. Sign Permit Appeals, Interpretation of the Zoning Ordinance, etc. Jay Reining stated that the Zoning Board of Adjustment has no jurisdiction over signs but the Board does have the authority to hear appeals on interpretation. V. ADJOURNMENT Motion for adjournment was made at 4:07 p.m. Motion passed unanimously with Board Member Morgan Spear being absent. Shelly Shelton Erica Gomez City Planner Recording Secretary Zoning Board of Adjustment Administrator