HomeMy WebLinkAboutMinutes Board Of Adjustment - 04/24/1991 - Public Hearing • OhCity of • Co us Chrs ti CITY OF CORPUS CHRISTI ZONING BOARD OF ADJUSTMENT PUBLIC HEARING COUNCIL CHAMBERS-CITY HALL APRIL 24, 1991 BOARD MEMBERS PRESENT: Walter DeVille, Chairman John Dykema, Vice Chairman Ramiro Gamboa August Meinrath Patrick Veteto BOARD MEMBERS ABSENT : Julius Rosenberg, Alternate - t STAFF MEMBERS PRESENT: Susan J. Corey, Zoning Coordinator Faryce Goode-Macon, Planner III Elizabeth Kay Butler, Senior Secretary Chairman DeVille opened the public hearing at 1:31 p.m. , in the Council Chambers at City Hall and explained the procedure to be followed. ************************************************************************* APPEAL NO. 2970 - Property located at Buddy Lawrence and I.H. 37 REQUEST: Application of Champlin Refining and Chemicals Inc. Tract 4, Southwestern Oil and Refining Company and Tract F, Pontiac and Lots 131, 132 & 133, Baymoor Addition and an abandoned portion of Huisache Street in an I-3, Heavy Industrial District, to approve a location for an objectionable use (hulk fuel storage) . Ms. Corey stated that this appeal had been tabled at the March 27th meeting. She added that the Board's packet contained a written request from the appellant asking that this item remain tabled. After a brief discussion the Board agreed to leave this appeal tabled until a request is received from the appellant to bring it back before this Board. ************************************************************************* APPEAL NO. 2971 - Property located at 7002 Ocean Drive REQUEST: I,ot 2, Block 1, Ward Island, in an R-1B, One Family Dwelling District. Application to reduce the minimum required 25 foot side yard setbacks to 10 feet and 21 feet respectively. SCANNED P.O. Box 9277 • Corpus Christi, Texas 78469-9277 • (512) 880-3000 %100%00\r *110 Zoning Board Of Adjustment City of April 24, 1991 Corpus Page 2 Christi REPLIES RECEIVED IN FAVOR: 0 REPLIES RECEIVED IN OPPOSITION: 0 APPEARING IN FAVOR: Murray Bass, Munroe & Bass, 3054 S. Alameda APPEARING IN OPPOSITION: John Richard, Interim Vice-President for Finance, Corpus Christi State University STAFF RECOMMENDATION: Approval BASIS FOR RECOMMENDATION: The property is zoned residential but it is staff's opinion that a residential home development will not occur in the area. The intent of the ordinance for requiring a 25 foot setback is . to provide protection between non-residential and residential uses. Since, it is unlikely that a residential development will occur, criteria would required a setback of 25 feet next to another non residential use which is not the intent of the ordinance. MOTION: Motion was made by Mr. Dykema, seconded by Mr. Veteto and passed unanimously to approve the request to reduce the minimum required 25 foot side yard setbacks to 10 feet and 21 feet respectively on Lot 2, Block 1, Ward Island, 7002 Ocean Drive, since the Board finds that in its opinion, as a matter of fact, such exception will not substantially affect adversely the uses of adjacent and neighboring property. NOTE: For detailed information on testimony, refer to the tape retained on file in the Building Inspection Department. ************************************************************************* APPEAL NO. 2972 - Property located on I.H. 37 REQUEST: Application of Reina Broadcasting, Inc. , 373' x 360' of G. Frank Partition, in a B-4 General Business District. Application for permission to locate an FM radio broadcasting tower, 288 feet in height, with a 20' x 20' unmanned transmitter building. REPLIES RECEIVED IN FAVOR: 0 REPLIES RECEIVED IN OPPOSITION: 0 APPEARING IN FAVOR: J. C. Salvo, 5726 Bonner • APPEARING IN OPPOSITION: None STAFF RECOMMENDATION: Approval BASIS FOR RECOMMENDATION: Inother similar cases staff has recommended approval, after reviewing this request it appears to meet criteria similar to other test cases therefore, approval is recommended. Staff 110 VW City of Zoning Board Of Adjustment Corpus April 24, 1991 Chnsti Page 3 V"/V reviewed the B-4 district as a possible zone that would allow other uses next to residential zones which may be more objectionable, and found that in those cases the area is essentially left open without any other uses. MOTION: A motion was made by Mr. Veteto, seconded by Mr. Meinrath and passed unanimously to approve the requested special exception for permission to locate an FM radio broadcasting tower, 288 feet in height, with a 20' x 20' unmanned transmitter building on 373' x 360' of G. Frank Partition, I.H. 37, since the Board finds that in its opinion, as a matter of fact, such special exception will not substantially affect adversely the uses of adjacent and neighboring property. NOTE: For detailed information on testimony refer to the tape retained on file in the Building Inspection Department. ************************************************************************* MISCELLANEOUS A motion was made by Mr. Gamboa, seconded by Mr. Veteto and passed unanimously to approve the minutes of the prior meeting as submitted. A brief discussion followed concerning the vacant position on the Board. Ms. Corey stated that at the last meeting the Board had requested that she contact the Legal Department to find out what the Board's position was concerning placing deed restrictions on property. She stated that zoning and deed restrictions are two wholly separate issues and that the Legal Department absolutely does not recommend that the Board try to include deed restrictions as part of the their motions because the present State law does not allow this. She explained that the Board could recommend that action taken by the Board he recorded on the Zoning Map Book which is an official document that is kept up to date by the City. She added that deed restrictions are a private issue and that the only city in Texas that has been able to enforce deed restrictions is Houston, because they do not have zoning regulations. The Chairman informed the Board that the election of officers will be held at the next regular meeting. The meeting was adjourned at 2:15 p.m. 04.12K4 0..... Ak. ...--- enzo eVv Building Official LG:SJC:ekb 1OZB-006.DOC