Loading...
HomeMy WebLinkAboutMinutes Board Of Adjustment - 04/22/2009 RECEIVED Minutes AUG 1 7 2009 ZONING BOARD OF ADJUSTMENT MEETING Wednesday,April 22,2009 CIN SECRETARY'S OFFICE 1:30 P.M. Board Members Present Taylor Mauck, Chairman Dan Winship,Vice Chairman William Tinney,Board Member Ben Molina, Board Member Thomas E. McDonald(Alternate) Morgan Spear(Alternative) Board Members Absent R. Bryan Johnson, Board Member Staff Present: Shelly Shelton,City Planner Andrew Dimas, Planning Tech Deborah Brown, Legal Counsel Erica Gomez,Recording Secretary Si usted quiere dirigirse al consejo de ajustamiento y su inglcs es limitado, habra un interprete en la junta para ayudarle. I. CALL TO ORDER A quorum was declared and the meeting was called to order by Taylor Mauck. IL APPROVAL OF MINUTES Motion to approve the minutes from the March 25, 2009 hearing was made by Board Member Spear and seconded by Board Member Tinney. HI. APPROVAL OF ABSENCE Motion to approve the absence of Board Member Johnson was made by Board Member Molina and seconded by Board Member McDonald. IV. PUBLIC HEARING AGENDA ITEMS A. APPEALS 1. Tabled Appeal 111110 400 Page 2 of 7 a. Appeal No. ZBA 0109-01 Michael and Debbie West:_ Secial Use Exception to reduce the side yard setback requirement. Club Estates Unit 3, Block 4, Lot 35 Shelly Shelton presented a PowerPoint presentation for ZBA 0109-01: The Appellant requested a Special Use Exception to reduce the side yard setback from 5 feet to 0 feet. The existing land use and zoning is low-density residential, "R-1B" One Family Dwelling District. The setbacks arc 25 feet for front yards and five (5) feet for rear and side yards. Public Hearing Opened. In favor: Michael West, 4906 Brinkwood, Corpus Christi, Texas, stated a carport was built back in 1997 and extended over to the fence line. Around August of 2008, Mr. West decided to contact John Soza, a subcontractor, to modify the carport and add a garage door. Ivir. West stated the subcontractor explained to him that a building permit was not required because of the existing structure. Mr. West stated the subcontractor told him a windstorm for the roof and door was necessary. Mr. West acquired windstorm verification and the contractor John continued to build the structure. Mr. West stated he was notified by City inspectors that a building permit was required for the new structure. Mr. West stated if the structure must be demolished, it will cause many issues. He stated at least $25,000 has been invested into the project. Mr. West stated had to get a home improvement loan to complete the project. He has other financial setbacks such as medical expenses. He stated his wife was diagnosed with cancer. Another drawback is the family has cherished many memories with the new structure. Mr. West stated he has many hobbies, and one of them is to enjoy time working on activities with his grandchildren. Maria Norma Villarreal, 4905 Brinkwood, Corpus Christi, Texas stated when she was notified about the problem she was very surprised. Mrs. Villarreal described that the structure is beautiful, and has had a positive effect to the neighborhood. Mrs. Villarreal stated it is appealing, well built, and The West family takes pride. She stated the previous structure was in bad shape, and needed improvement. The Board asked Mr. West to have a survey prepared and tabled the case to the July hearing. Public Hearing Closed, Motion statement, "In accordance with Section 29-5 of the Zoning Ordinance, I move that Appeal No. ZBAO109-01,a request for a variance of the side yard setback from five(5)' to zero (0) on Brinkwood Drive,Club Estates Unit 3,Block 4, Lot 35,be tabled for 90 days or to the July meeting to allow the appellant to present initial documents to include a current survey of the property indicating the 5 foot setback. 46110 Page 3 of 7 Motion for approval to table ZBA 0109-01 90 days or to the July meeting was made by Board Member Tinney, and seconded by Board Member Molina with Board Member Johnson absent. Motion passed unanimously. 1. New Appeals a. Appeal No. ZBA 0409-02 Habitat for Humanity, Carolyn Smith: Variance to allow for tandem a arkin The site is Extension to South End Addition, Block 2, Lot 2 located on the west side of Tenth Street approximately 50 feet north of the intersection of Coleman and Tenth Streets. b. Appeal No. ZBA 0409-03 Habitat for Humanity, Carolyn Smith: Variance to allow for tandem parking The site is Extension to South End Addition, Block 1, Lot 4 located on the east side of Tenth Street approximately 100 feet north of the intersection of Coleman and Tenth Streets.. c. Appeal No.ZBA 0409-04 Habitat for Humanity, Carolyn Smith: Variance to allow for tandem arkin The site is Extension to South End Addition,Block 1,Lot 5 located on the east side of Tenth Street approximately 50 feet north of the intersection of Coleman and Tenth Streets. d. Appeal No.ZBA 0409-05 Habitat for Humanity, Carolyn Smith: Variance to allow for tandem arkin _. - - The site is Extension to South End Addition, Block 2, Lot 1 located on the west side of Tenth Street at the corner of Coleman and Tenth Streets. Shelly Shelton presented a PowerPoint presentation for ZBA 0409-02, 0409-03, 0409-04, and 0409-05: The Appellant requested a Variance to allow for tandem or stacked parking. The future land use is recommended for low density residential. The setback for front yards is 20 feet, and rear and side yard setbacks arc 5 feet, and height is restricted to 60 feet or less or 4 stories. The parking requirement is two (2) off-street parking spaces with unobstructed ingress or egress to each space required. Ms. Shelton stated the proposed projects can meet the setback requirement, but cannot meet the parking and driveway design requirements. The proposed project can accommodate two (2) stacked cars, but not two (2) cars side by side. Ms. Shelton ‘1111110 11110 Page 4 of 7 stated per legal counsel for the City a variance to allow for tandem parking must be denied by the Board and if the Board chooses to allow tandem parking the appropriate administrative tool/action is a Special Use Exception to allow tandem or stacked parking. Public hearing Opened. In favor: Carolyn Smith, 3409 Durby Drive,Corpus Christi,Texas stated there are four(4)lots around the corner from the homes are already completed,and focus of Habitat For Humanity is on changing the neighborhoods for the better. She stated the homes are built with single-lane driveways because the lots are narrow. Motion statement, "In accordance with Section 29-5 ofthe Zoning Ordinance,I move that Appeal No.ZBA 0409-02, 0409-03,0409-04,and 0409-05 a request for a Variance to allow for stacked parking on Tenth Street: South End Addition, Block 2, Lot 2; South End Addition,Block 1, Lot 4; South End Addition,Block 1,Lot 5;and South End Addition, Block 2, Lot 1,be disapproved and a Special Use Exception to allow tandem/stacked parking 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. Motion for approval was made by Board Member Tinney and seconded by Board. Member Molina with Board Member Johnson being absent. Motion passed unanimously _. e. Appeal No. ZBA 0409-06 Mr. ChariK. Miller: R nests a S ecial Use Exception to install and omerate an above ground fuel storage tank. The site is a 1,750 square foot arca out of Roblex Industrial Area, Block 6, Lot 16 approximately 1,000 feet north of the intersection of Flato Road and Bates Drive. Andrew Dimas presented a PowerPoint presentation for ZBA 0409-06: The Appellant requested a Special Use Exception to install and operate an above ground storage tank. Mr. Dimas stated the existing land use is 1-2 with a Special Pennit for an above ground fuel storage tank that has passed by Planning Commission and City Counsel and is Light Industrial Use. The rccoinmended future land use for the subject property and surrounding properties is Light Industrial. Mr. Dimas stated the setback requirement for front yards is 20 feet, and there are no setback requirements or height restrictions unless there is a residential adjacency. The Board questioned if the Fire Department has inspected the fuel tank. • 01.10 410 Page 5 of 7 Shelly Shelton stated once the plan is approved, the Fire Department goes out and inspects the tank. Public hearing opened. In favor: John Perabo, a manager at Environmental Services, 4013 Bermuda Place, Corpus Christi,Texas, stated he is present on behalf of the company. Public hearing closed. Motion statement, "In accordance with Section 29-3 of the Zoning Ordinance, I move that Appeal No. ZBA 0409-06, a request for a Special Use Exception for an objectionable use to allow for the installation and operation of an above ground fuel storage tank with a capacity of 15,000 gallons, in a 1,750 square foot arca out of Roblex Industrial Area, Block 6, Lot 16 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: l. The location of the above ground storage tank must be in compliance with the site plan submitted to the City Council and Board of Adjustment. 2. The property is limited to one UL2085 rated or equivalent tank as approved by the Fire Department,with a total capacity of 15,000 gallons,containing 10,000 gallons of diesel and 5,000 gallons of gas. 3. Such Special Permit and Approval of an Objectionable Use shall expire within 12 months of the date of City Council action, March 24, 2009 if construction of the project is not commenced. 4. A building permit is required. Motion approved by Board Member Molina and seconded by Board Member Tinney with Board - Member Johnson being absent. Motioned passed unanimously. f Appeal No. ZBA 0409-07 Diocese of Co us Christi Hol Famil Church: Re•nests a Variance to reduce minimum buildin_ s•acin_ and a S ecial Use Exception to reduce the off-street arkin re uirement. The site is Casa Blanca, Block 5, South half of Lot 13, Lots 14 thru 29, and South half of Lot30 located at the intersection of Nogales Street and Mac Arthur Street. • 1 1 Page 6of7 Andrew Dirnas presented a PowerPoint presentation for ZBA 0409-07: The Appellant requested a Variance to reduce minimum building spacing and a Special Use Exception to reduce the off- street parking requirement. Mr. Dimas stated the applicable zoning ordinance Section 27 Supplementary Height, Area and Bulk requires that a wall of any building be no closer than sixteen (16)feet to another building. Mr. Dimas stated since the application for ZBA action was turned in, Dickson Builders has supplied a site plan and parking tabulation for required parking, no action is needed for the appellant's request to reduce the off-street parking requirement because the parking requirement is being met. The zoning district is "R-IB", which is One- Family Dwelling District, and the land use public semi-public is surrounded by low-density residential. The recommended future land use is public semi-public, and the surrounding properties is recommended for low-density residential. Mr. Dimas stated the purpose of proposed project is to meet the needs of the current student body, it will not increase enrollment so traffic should not increase. He also stated the 2003 International Building Code and 2003 International Fire Code requirements for building spacing are being met because the building is constructed of noncombustible materials with one hour fire walls. The Board stated if the Fire Department has approved. Mr. Dimas stated the Fire department stipulates that there has to be a minimum separation of 6 Feet in which the building has met the requirement with a minimum separation of 6 1/2 feet. Mrs. Dimas stated it's the zoning ordinance that requires a 16 feet separation. He stated that the surrounding buildings are all CMU with the exception of the new building structure that will be entirely steel. Public hearing opened. In favor: Randy finch, 3221 Peachtree, Corpus Christi, Texas, stated he believes the building use is not institutional, but educational. He stated that he feels the ordinance does not apply. Iie stated the building is being built to facilitate the students, and a place for the students to gather for any other activities. Legal stated that the building is institutional. Charles Schibi, 1314 Santa lie,Apex Engineer,stated he reviewed the IBC, and his interpretation of the building is an assembly. Mr. Schibi stated there is a conflict of terminology and the interpretation of what the building signifies. He stated there are several definitions of assembly, and his interpretation according to the definition of an assembly best describes the building. Yolanda Guerrero, 2513 Soledad, questioned the parking. Mrs. Guerrero overheard that there will be ample parking. Mrs. Guerrero is confused about the parking areas. She stated of the parking areas are utilized by small buildings and that take up some of the parking spaces. She stated the traffic is congested, and by bringing in another facility she feels that will cause a problem to the neighborhood. Mrs. Guerrero stated the parking area is not sufficient, and some people cannot park. Ms. Shelton stated that the parking area on Soledad Street has a temporary building until the other facility is built. Ms. Shelton stated she physically counted the parking spaces the there are 166 off-street parking spaces and the requirement for the use is 136 off-street Page 7of7 parking spaces. Mrs. Guerrero is concerned that their isn't going to be enough parking with a new facility being built Father Frank Martinez, 2509 Nogales Street, stated when he and other staff members arrived the area was a hodge podge. Over the years, it has been a goal to establish cohesion on the campus. The congregation is looking into purchasing another lot to enhance the property parking size. Father Martinez stated he is looking forward to being more involved with the community concerning the changes and enabling the community to speak on behal f of the issue. Adam Huerta, 2514 Nogales, stated he is willing to help Father Frank Martinez and the congregation by placing portable during the project. Belia Deleon Castillo, 2606 Nogales, stated she has lived in the area for years. Mrs. Castillo stated the neighbors,as well as herself, agrees to the changes and addition of a new building. Public hearing closed. Motion statement,"In accordance with Section 29-5 of the Zoning Ordinance, I move that Appeal No. ZBA 0409-07,a request for a Variance to reduce minimum building spacing: between the existing single story building to the west of the proposed building and the proposed building from 16 feet to six and one half(6.5) feet for a distance of 44 feet;between the existing two{2)story building to the east of proposed building and the proposed building from 16 feet to eight(8) feet for a distance of five(5) feet and six and one half(6.5) at the corners; on Nogales Street,Casa Blanca, Block 5,South half of Lot 13, Lots 14 thru 29,and South half of Lot 30,be approved on the finding that the extraordinary and exceptional situation or condition of such a piece of property the strict application of the requirement for the minimum spacing between buildings would result in peculiar or exceptional practical difficulties to,or hardship upon the owner of the subject property. Motion approved by Board Member Winship and seconded by Board Member McDonald with Board Member Johnson being absent. Motioned passed unanimously. V, • ADJOURNMENT Motion for adjournment was made at 3:55 p.m. Motion passed unanimously with Vice- C airrnan W •*. being absent. / y Shelly Shelte Erica Gomez City Planner Recording Secretary Zoning Board of Adjustment Administrator 1111110 11110 Zoning Board of Adjustment Minutes July 22,2009 The April 22, 2009 Board of Adjustment Minutes were approved as written/amcnded on July 22,2009 ATTEST: 4r/" Taylor au ,Chairman