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HomeMy WebLinkAboutMinutes Board Of Adjustment - 03/25/2009 RECEivED Minutes AUG 1 7 , 009 ZONING BOARD OF ADJUSTMENT MEETING CITY SECRETARY Wednesday, March 35,2003 ,S OFFICE 1:30 P.M. Board Members Present: Taylor Mauck William Tinney, Board Member Ben Molina, Board Member R. Bryan Johnson Thomas E. McDonald(Alternate) Morgan Spear(Alternative) Board Members Absent: Dan Winship, Vice Chairman Staff Present: Shelly Shelton, City Planner Lisa Wargo,Senior City Planner Deborah Brown, 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 ayudarlc. I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Mauck. IL APPROVAL OF MINUTES Motion to approve the minutes from the February 25, 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 0309-01 Habitat For Humanity, Carol Smith: Variance to allow for tandem parking Shoreline Park, Block 2, Lot 7, approximately 50 feet from the intersection of John Street and Lexington Avenue Pao 2 of 9 Shelly Shelton presented a PowerPoint for ZBA0309-01: The Appellant requested a variance to allow for tandem or stacked parking. Shelly stated the zoning is "R1-B", and the existing land use is low density residential. The recommended future land use for the subject property is low density residential. The setbacks for "RI-B" are 25 feet for the front yard, five(5) feet for side and rear yards, and the height setback is 35 feet or less. The parking requirement is two unobstructed off-street parking spaces. She also stated the proposed project cannot meet the parking and driveway design requirement because the lot is too narrow. Public Hearing Opened. In favor: Caroline Smith with Habitat for Humanity, 3409 Durby Drive, stated the lots are 50 feet wide, which make it too narrow to accommodate a double width driveway. Most of the families do not own two cars and the few that do can park their cars lengthwise in the driveway. Mrs. Smith stated the driveways arc deep enough to accommodate two plus cars without obstructing the sidewalk. She also stated that Habitat for Humanity is currently building houses in areas where there are only single lane driveways and most of those are caliche. Habitat for Humanity provides concrete driveways for homeowners; however it does not build garages or carports because their focus is on housing families not vehicles. Caroline Smith stated once the homeowners sign their mortgage they can build their own garages or car ports if they like. Most of the lots average from 125 to 140 feet deep, so the families have enough room to build a garage or port in the back. Charles Schibi, 1413 Santa Fe, Corpus Christi, Texas stated that families with small children only have one car, and families with driving age children usually have no more than two cars. He stated that they build homes for low income Families to make it more affordable and economical. Mr. Schibi briefly stated that in most of these neighborhoods there are more cars parked outside than what one sees in The Lakes neighborhood The variance for tandem parking may be a slight variance from the city code, but the advantages of allowing the placement of homes on smaller lots without garages or carports can dramatically improve rough neighborhoods. Motion statement,"In accordance with Section 29-5 of the Zoning Ordinance, I move that Appeal No. ZBA0309-0 1, a request for a variance to allow for stacked parking on John Street, Shoreline Park, Block 2,Lot 7,be approved on the finding that the extraordinary and exceptional situation or condition of such a piece of property the narrowness of the lot the strict application of the parking driveway design requirement would result in peculiar or exceptional practical difficulties to, or hardship upon the owner of the subject property. Motion for approval was made by Board Member Tinney,and seconded by Board Member Johnson with Vice-Chairman Winship being absent. Motion passed unanimously. ONO '11111110 Page 3 of 9 b. Appeal No. ZBA 0309-02 City of Corpus Christi-Aviation Department. Fred Segundo: Special Use Exception for the installation and operation of two f2 above ground fuel storage tanks. Describing a 748 square foot tract of land, more or less, located in the proposed Corns Cluisti International Airport-Airfield Equipment and Maintenance Facility, out of Block 22, J.C. Russell farm Blocks, shown on plat of record in Volume 3, page 53, Nueces County maps records,Nueces County,Texas. Shelly Shelton presented a PowerPoint for ZBA0309-02: The Appellant is requesting a special use exception for an objectionable use; the installation and operation of two (2) above ground fuel storage tanks with a capacity of 2,000 gallons each. The subject property is zoned"I-3" Heavy Industrial District, and currently the land use is public semi-public, The future land use and surrounding property is light industrial. The setback requirement for an "I-2" district front yard is 20 feet, and there are no height restrictions or rear setbacks. Ms. Shelton stated that the plans meet Fire Department requirements. Public hearing Opened. In favor: Victor Gonzalez, 3933 Navajo, representing the Aviation Department, stated in regards to the permit, a permit is required through TCQ. He stated that the compound will be fenced, and if a screening fence is necessary, there will be no problem attaching it. Public hearing closed Deborah Brown stated that in this situation a screening is not required by the City code. Motion statement, "hi accordance with Section 29-3 of the Zoning Ordinance, I move that Appeal No. ZBA 0309-02, a request for a Special Use Exception for an objectionable use to allow for the installation and operation of two (2) UL2085 above ground fuel storage tanks with capacities of 2,000 gallons,in a 748 square foot tract of land,more or less,located in the proposed Corpus Christi International Airport-Airfield Equipment and Maintenance Facility, out of Block 22, J.C. Russell Farm Blocks, shown on plat of record in Volume 3, page 53, Nueees County maps records, Nueces County,Texas be approved, based on the finding and that in the Board's 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: 011110 VINO Page 4 of 9 1. The location of the above ground storage tank must be in compliance with the site plan submitted to the Board of Adjustment. 2. The property is limited to two UL2085 rated or equivalent as approved by the Fire Department,with a total capacity of 2,000 gallons each. 3. Such Special Permit and Approval of an Objectionable Use shall expire within 12 months of the date of this hearing if construction of the project is not commenced. 4. A building permit is required. Motion for approval was made by Board Member Molina and seconded by Board Member Johnson with Vice-Chairman Winship being absent. Motion passed unanimously. c. Appeal No. ZBA 0309-03 Billy Ruzicka: Special Use Exception for the installation and operation of a small wind energy system Oak Terrace Unit 1, Block 1, Lot 3 approximately 1,200 feet east of the intersection of Flour BluffDrive and Compton Road. Shelly Shelton presented a PowerPoint for ZBA 0309-03: The Appellant is requesting a special use exception for the installation and operation of a small wind energy system. Ms. Shelton stated the existing land use is "R-E" Residential Estate District, and the future land is residential estate. The setback requirements for residential development arc front yard 50 feet,side and rear 25 feet, and height restriction is three stories. Ms. Shelton stated according to the zoning ordinance, wind energy systems is applicable in any zoning district, provided the appellant meet the criteria, in.which Mr. Ruzicka's project does. Public hearing opened. Mrs. Ruzicka, 9817 Compton Road, stated that everybody is trying to be green these days; the wind energy system will benefit those trying to save energy. Johnny O'Neal, 9892 Compton Dr., stated he was present in support of his neighbor, Billy Ruzicka. Public hearing closed. Motion statement,"In accordance with Section 29-3 of the Zoning Ordinance, I move that Appeal No. ZBA 0309-03,a request for a Special Use Exception to allow for the installation and operation of a small wind energy system,on Compton Road at Oak Terrace Unit 1, Block 1,Lot 3, be approved, based on the finding and that in its opinion and as a matter of fact, such a special use exception will not substantially affect adversely the current uses of adjacent and neighboring properties permitted by the Zoning Ordinance, subject to the following conditions: 4100 Page 5of9 1. The location of the wind energy system must be in compliance with the site plan presented to Staff. 2. A building permit is required. 3. The Special Use Exception approved by the Board of Adjustment will expire if the project is not commenced within 12 months from the date of the Board's action. Motion for approval was made by Board Member Johnson and seconded by Board Member McDonald with Vice-Chairman Winship being absent. Motion passed unanimously. d. Appeal No. ZBA 0309-04 SPID Corpus Development,LLC, Matt CravevjSSpecial Use Exc 'tion t• allow for the reduction of the off-street •arkin_ re•uirement Manor Terrace, Block A, Lot I approximately 180 feet west of the intersection of manor Drive and South Padre Island Drive Frontage Road. Shelly Shelton presented a PowerPoint presentation for ZBA0309-04: The Appellant is requesting a special use exception to allow for the reduction of the off-street parking requirement from 65 off-street parking spaces to 31 off-street parking spaces. The existing land use is commercial and the subject property is zoned "B-4" General Business District, which provides for commercial and miscellaneous services. The future land use recommendation is commercial use,as well as the surrounding properties with the exception of the property to the south which is recommended for Low-Density Residential use.The parking requirement is I per 200 square feet and the building is 12,690 square feet, so the requirement is 65 off-street parking spaces. The appellant needs a 52% reduction of parking requirement. Ms. Shelton stated that the appellant does not anticipate needing 65 off-street parking spaces due the proposed use of a cancer treatment facility not a general practitioner. The Board asked how the former owner or tenant got by without meeting the parking requirement. Ms Shelton stated the previous owner did not a have a parking variance because a large portion of the building was used for storage, and the front was the retail section of the building and fewer parking spaces were required. Shelly Shelton stated that the building neighboring this proposed use property is a Crispy Cream and a vacant building. It was not possible to get shared parking space agreement because the vacant building is for sale and the future use is unknown,and their parking requirement. Public hearing opened. In Favor: *10 Page 6 of 9 Rob Hudson, Harlingen Texas, representative of Corpus Development, LLC, explained the design process. He stated, the variance was generated by the sellers' agent because of the parking requirement. He stated the parking calculation that 11r. Hudson came up with using the incidental calculation was 35 spaces. Mr. Hudson stated he is comfortable with calculations of the measurements with the ultimate need of 35 off-street parking spaces based on the zoning code requirements. He also stated that he received a letter from the tenant physician explaining his practice and how many patients would be there in a given time. Roughly, the number patients to be there at once are a maximum of 20 people. The staff count would be 10-12 people. However, he stated that there is a relatively low turnover during Radiation treatment and CT imaging. He stated that there is parking along the front of the building. Mr. Hudson made a request to take 1 or 2 spaces to open an approach to main entry of the building; otherwise patients will be trafficking between cars to get to the entry. Mr. Hudson explained that some of the patients are elderly and would like to make accommodations to the site to make it accessible. Mr. Hudson stated that the handicap spaces are included in the count of parking spaces of the request for the reduction of off-street parking spaces. Mr. Hudson stated the Texas Department of License Regulation inspects the parking for accessible use. Mr. Hudson would like to get a shared parking agreement with the adjacent property owner, in case of an overflow. Lynann Pinkham, Cravey Real Estate, 5541 Bear Lane, Suite 240, Corpus Christi, Texas stated that because the former Office Max space is vacant, they cannot get a shared parking agreement. She stated they made a request for a variance as a precaution to avoid any issues. In opposition: Sherry Miller, 1609 W. !Amor,stated her house is located behind the proposed project property. Mrs. Miller is concerned about the medical center, and how safe the radiation is. She also questioned where the second parking entrance is going to be located. Shc is also concerned if the fence will be replaced or repaired between the lots. Mr. Hudson addressed Mrs. Miller's concerns. The state regulatory authority will review the vault and determine whether or not it is in compliance Mr. Hudson described the placement of the entrances and exits. He stated the main entrance is the entrance for all traffic and handicap accessibility. Mr. Hudson stated that there will be a fire exit on the west side of the building to accommodate code requirements, and it is not a means of ingress and egress on a daily basis. A receiving door is on the west side as well to bring in stock and deliveries. He stated the fence will be replaced. Deborah Brown, Legal Department, stated that a six (6) foot screening fence is required by the ordinance. Public hearing closed. Motion statement,"In accordance with Section 29-3 of the Zoning Ordinance, I move that Appeal No. ZBA 0309-04,a request for a Special Use Exception to reduce the off-street parking requirement from 65 off-street parking spaces to 31 off-street parking spaces,on South Padre Island Drive at Manor Terrace, Block A,Lot 1 , be approved,based on the finding and that in its Page 7 of 9 opinion and as a matter of fact, such a special use exception will not substantially affect adversely the current uses of adjacent and neighboring properties permitted by the Zoning Ordinance,subject to the following conditions: 1. The special use exception to reduce the off-street parking requirement is valid for the proposed use; a cancer treatment center. 2. A building permit is required. 3. The special use exception will expire 12 months from the date of the Board's action if construction of the project has not commenced. Motion approved by Board Member Spear and seconded by Board Member Molina with Vice-Chairman Winship being absent. Motioned passed unanimously. e. Appeal No. ZBA 0309-05 Mr. and Mrs. Scott Mandel: S ecial Use Exc tion to allow for a arae for more than fourcars and coverin more than 900 square feet in a residential district Bluff and Encinai Farm and Garden Tract, Section 20, Lot 17 approximately 900 feet south of the intersection of Brockharnpton Street and Cimarron Boulevard. Shelly Shelton presented a Power Point presentation for ZBA 0309-05: The appellant is requesting special use exception to allow for a garage for more than four cars and covering for more than 900 square feet. The existing land use is vacant and undeveloped, and is zoned "R- 1 B"One-Family Dwelling District. The recommended fixture land use is low-density residential, most of the surrounding locations is low-density residential, however, the property across the street which is recommended for public semi-public use and the property north of the subject property is recommended for park use. Ms. Shelton stated the appellant wants to build a house and stables, approximately 50,000 square feet on 20 acres, in conjunction with a 9 car garage plan, and 5 garage doors built into the stables. Various Board Members stated that the intent and character of"R-I B" One-Family Dwelling District does not fit the proposed project and it should be rezoned to "F-R" Farm-Rural District because of the stables. Mr. Tinney and Mr. Spear also commented on the number of parking places (128) and stated that the project appears to be commercial development not residential. Chairman Mauck commented that whether the proposed use is commercial or residential, stables are not allowed in"R-1B". Chairman Mauck commented that there were several issues with the project that were not being addressed. • Page S of 9 Public hearing opened. Steve Gutierrez, 5326 f ulwell Dr,Corpus Christi,Texas, stated that the project is extreme in size and not usual for the City of Corpus Christi area. He stated that he met with the City and was told the only issue he needed to address with the Zoning Board of Adjustment was the 14 car garage. Mr. Gutierrez stated the appellants had ideas about building a subdivision; however Mr. Mandel decided to build his home instead. Ile stated the appellants have large families and like to entertain. Mr. Gutierrez stated every time the family has a gathering at the property they reside presently; the cul-de-sacs get filled with cars. To avoid this issue, Mr. Gutierrez stated the plan includes a main family room that is 5,000 square feet, with enough adequate space. At the Board's request, Shelly Shelton read the descriptions of"R-1B" tine-Family Dwelling District Regulations, "RE" Residential Estate District Regulations, and "F-R" Farm Rural District Regulations for clarification. Several Board Members commented that horse stables are not allowed in "R-1B"according to the descriptions Ms. Shelton read. Ms. Shelton stated that the appellant, Mr. Mandel and representative, Steve Gutierrez had a meeting with City Staff to discuss the preliminary plan. Ms. Shelton also stated that she was told after the meeting that Staff advised Mr. Mandel and Mr. Gutierrez to appeal to the Board of Adjustment for the size of the garage and additional garage doors in the stables only. Mr.Tinney stated that his primary concern was the existing zoning of the proerty and the proposed use. Mr.Tinney asked Mr. Gutierrez if the appellant was opposed to rezoning to"F-R". Mr. Gutierrez stated that the hearing was the first time anyone had mentioned rezoning even though there were several meetings with City Staff. Mr. Tinney suggested that "RE" zoning would be appropriate as well, hut "R-1B" is not appropriate. Mr. Tinney asked if Board of Adjustment action for the number of garages would be necessary in "RE". Ms. Shelton explained that the Zoning Ordinance regulation for garages is for every zoning district. Mr. Gutierrez stated that the existing zoning has not been an issue in the previous meetings when Doug Maples, Faryce Macon, and Dan McGinn were present. Mr. Tinney asked if there was any formal document stating that the zoning was ok. Mr. Gutierrez stated that the agreement was verbal but zoning was never questioned, the only issue was the number of garage doors. Mr. Gutierrez stated that he askcd Dan McGinn what was going to happen with his project since Doug Maples was not with the City anymore and he was assured that only the garage was an issue. Mr. Gutierrez stated that it was frustrating because the garage was not an issue to the Board of Adjustment the zoning was, while Staff assured him that the only issue was the size of the garage and number of garage doors. The Zoning Board of Adjustment asked to speak with Dan McGinn, the Project Manager for the proposed project, to verify that stables were allowed in "R-1B" One-Family Dwelling District. Chairman Mauck asked Dan McGinn about the "R-1B" zoning and stated that the project doesn't look like single-family development. Dan McGinn stated the Planning Division had the same concerns looking at the site plan. As requested by Development Services Mr. Mandel has assured that he was willing to provide a letter stating the parking area will be used for family events only,not commercial use. Dan stated 111.10 Page 9of9 that the property was zoned "F-R" when it was annexed and was later rezoned to "R-1B". Mr. McGinn stated that the zoning is fine and was addressed by Staff in the previous meetings. Chairman Ivlau.ck stated that stables are not appropriate in"R-1 B" One-Family Dwelling District. Mr. McGinn stated that anything in the "RE" Residential Estate District is ok is "R-113"Zoning District. Mr. Tinney asked Mr. McGinn if he was completely comfortable with the"R-1B" zoning. Mr. McGinn said he was comfortable with the zoning. Public hearing closed. Motion statement, "In accordance with Section 29-3 of the Zoning Ordinance, l move that Appeal No. ZBA 0309-05, a request for a Special Use Exception to allow for a garage for nine vehicles and a stable with five garage doors in al Lodistrict,7, on Cimarron Boulevard at be approved,based on the Flour Bluff and Eneinal Farm and Garden Tract, Section 20, finding and that in its opinion and as a matter of fact, such a special use o ceperttion wermined not substantially affect adversely the current uses of adjacent and neighboring pp P by the Zoning Ordinance,subject to the following conditions": 1. The proposed project may be not be used commercially or industrially. 2. No more than one of the vehicles maybe commercial,which may not exceed one ton. 3. The Special Use Exception will expire 12 months from the date of the Board's action if the project is not commenced. 4. A building permit is required. Motion approved by Board Member McDonald and seconded by Tinney with Vice-Chairman Winship being absent. Motioned passed unanimously. V. ADJOURNMENT lvloti•n for adjournment was made at 3:55 p.m. Motion passed unanimously with Vice- airm $1.1 9 11 absent. 'VAS r/!:. Erica Gannet Shelly She l: Recording Secretary City Planne Zoning Board of Adjustment Administrator Zoning Board of Adjustment Minutes July 22,2009 The March 25, 2009 Board of Adjustment Minutes were approved as written/amended on July 22,2009 ATTEST: 41/61 Taylor M ck, hai an