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HomeMy WebLinkAboutMinutes City Council - 02/27/1967 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING February 27, 1967 2:OOp. m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Ken McDaniel Dr. P. Jimenez Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. The absence of Commissioner Dunne was excused for cause. Mayor Furman announced the purpose of the special meeting to hold public hearings on three zoning applications, and such other business as might properly come before the Council, and explained the procedure to be followed. Mayor Furman announced the public hearing on Application 4167-11, Mrs. Gabriel R. Rivas, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 6, Block 2, Bay View Addition No. 4. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the surrounding area as being predominently "R -1B" with some scattered business uses; stated that at the Zoning and Planning Commission hearing held on January 31, 1967, Mr. G. R. Rivas, husband of the applicant, spoke in support of the request, and stated that he is presently operating a photography studio at the subject location under a Special Permit, and that the request for "AB" zoning is to allow his wife to operate a two -chair beauty shop in the same building in conjunction with his photography studio, Mr. Wenger stated that the Staff reported 23 notices were mailed, one received in favor and one in opposition, and that it was the recommendation of the Zoning and Planning Commission that the request be denied on the basis that approval would constitute spot zoning; furthermore, space is not available for adequate off-street parking. Mr. Bill Mobley, attorney, appeared on behalf of the applicant, and stated the purpose for which the applicant wished to have the property re -zoned is to allow for the addition of a 2 -chair beauty shop in the same building in conjunction with the photography studio; presented Minutes Special Council Meeting February 27, 1967 Page 2 pictures of the photography studio and surrounding premises; stated that there is in existence another beauty shop about one-half block from the subject property; that Dr. J. A. Garcia's office k located directly across the street; that there is also a grocery store and other small businesses in the vicinity, and that in his opinion, spot zoning has already been introduced. He further stated that there has been only one objection voiced, and that was mainly because of the proposed off- street parking; that there will be very little added traffic brought about by the addition of the proposed two -chair beauty shop; that the requested change is not a substantial change from the existing use, and that the applicant proposes to provide for extra off-street parking space by the elimination of the front yard. Mr. Mobley further stated that the applicants would be willing to accept a Special Council Permit to include this expansion in lieu of the zoning change, and in answer to questions from the Council, stated that it is not a hardship case. Dr. J. A. Garcia, appeared and spoke in opposition to the foregoing request and stated that Mrs. Rivas is not a beautician but is a nurse and X-ray Technician; that both Mr. and Mrs. Rivas are employed on a good salary and that this is definitely not a hardship case. He further stated that the applicant plans to hire beauty operators for the operation of the shop; that the other beauty shop referred to by Mr. Mobley as being one-half block away is actually almost two blocks away; that the Hearth is close by and the added traffic would be a nuisance in this respect, as well as to his patients; that the parking space proposed on the front of the property is inadequate and impractical since it is only a 50 foot lot as compared to the 125 feet on his lot; that the studio is situated almost on the sidewalk. Dr. Garcia also stated that it has been stated that he is the only person in opposition, but that he is personally aware that many people are opposed, but that they are reluctant to come down and openly oppose a neighbor's request; and further pointed out that the George Wiggins Home is also located in the area and that any added traffic would be a hazard to the children from these homes; that the area is primarily residential; that the requested change is not in the best interest of the community, and that he also would be opposed to the granting of a Special Council Permit to allow the proposed use. No one else appeared in favor or in opposition to the foregoing request. Motion by Sizemore, seconded by Wallace and passed that the hearing be closed. Minutes Special Council Meeting February 27, 1967 Page 3 Motion by Sizemore, seconded by Blackmon and passed that the foregoing application be tabled for further consideration. Mayor Furman announced the public hearing on Application #167-12, Sessions Mortgage Company, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a tract of land out of the Northwest corner of Lot 22, Section 13, Flour Bluff & Encinal Farm and Garden Tracts, more particularly located at the Southeast corner of the Intersection of Airline Road and Williams Drive, fronting 154.67 feet on Airline Road and extending 236.90 feet along the Southeasterly right of way line of Williams Drive for the most depth. Larry Wenger located the property on the map as being on the Southeast corner of Williams and Airline; pointed out the zoning and land use of the surrounding area and stated that the property is presently vacant; that at the Commission hearing held on January 31, 1967, the applicant did not appear, but at the request of Chairman Jackson, a letter was read from Mr. M. John Zerr, President of Sessions Mortgage Company, which stated that it is the desire of the applicant to construct a drive-in grocery coincidental with the residential development for the convenience of the immediate neighborhood. Mr. Wenger stated that the Staff reported six notices were mailed, none were received in favor nor in opposition; that no one had appeared at the hearing either for or in opposition to the request, and stated that it was the recommenda- tion of the Zoning and Planning Commission that the request be approved as submitted. Mr. John Zerr, appeared in support of the request and stated that the lot in question is a part of the forty acres of land which his company is developing as a subdivision and that he feels the request for rezoning is appropriate for the reason that it adjoins a major open drainageway; backs up to residential property which will be protected by a screen fence; faces Southwestern Bell Telephone Company which is not likely to be developed residentially; that the lot is near an old sanitary fill which is now a part of Sundeen School and used as a school playground and hos as a buffer the open drainage ditch and Williams Drive; that the proposed development, as a small convenience center, will be a logical part of the new subdivision, provided it is part of the over- all plan; and further stated that the land use should be determined prior to the construction of Minutes Special Council Meeting February 27, 1967 Page 4 homes so that home buyers are aware of any commercial use in the area before they make their purchases. Mr. Zerr stated that they do not have definite plans for the use of the land but that a plat has been approved and definite plans are contingent upon a determination as to the land ise, and further stated that grocery store firms have been contacted. Mrs. W. L. Bushwar, Jr., President of Sundeen Junior High School Parent Teacher Association, appeared on behalf of the PTA, and protested any zoning change in the area of the School from the present classification to Neighborhood Business zoning and enumerated 4 reasons as set out in a letter addressed to Mayor Furman and signed by Mrs. Bushwar and Mr. A. S. Lum, Safety Chairman of the School, which states in substance that the change would increase traffic congestion for the 900 students attending Sundeen Junior High School; would affect safety hazards; that eating and/or drinking establishments could become "hangouts"; and that any type of business that could become a "hangout" could readily contribute to school vandalism which would be especially true at night and during summer months; and requested that this request be denied. No one else appeared in connection with the foregoing request. Motion by Blackmon, seconded by Wallace and passed that the hearing be closed. Motion by Blackmon, seconded by Wallace and passed that the foregoing application be tabled for further study and consideration. Mayor Furman announced the public hearing on Application #167-13, Mr. Frank A. Longoria, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot C-2, Bancroft Dodge Annex. Larry Wenger located the property on the map; pointed out the zoning and land use of the surrounding area; stated that the subject property is presently vacant; that at the Commission hearing held January 31, 1967, Mr. Lawrence J. Berger had represented the applicant; that the applicant had also appeared and that no one had appeared in opposition; that the Staff reported 23 notices were mailed, one received in favor and ten in opposition; and that it was the recom- mendation of the Zoning and Planning Commission that the application be denied, but in lieu thereof a Special Permit be granted for a single four-plex and detached garages subject to a 50 -foot setback. Minutes Special Council Meeting February 27, 1967 Page 5 Mr. Lawrence Berger, attorney, appeared and pointed out existing land use in and around the subject property on a map, and also presented photographs supporting his statements; stated that there are other apartments already in the area, some of which are non -conforming; that the other apartments which Mr. Longoria had constructed were of a high type construction and were an asset to the area; that he is requesting a change of zoning so that he might move an apartment building onto the subject property; stated that this building will also be an asset to the neighbor- hood and stated that sidewalks are proposed to be constructed in front of the subject property across three Tots. Mr. Longoria appeared and spoke in behalf of his request and stated that if the zoning request is granted, he will do his best to make it desirable in every way; that he proposes to demolish a dilapidated building and remove from the premises which will leave a vacant space and that this space will probably be used for a playground for children in the neighborhood, and also stated that a Special Council Permit for a single four-plex apartment would be satisfactory and that he would comply with the 50 -foot setback requirement. Mrs. Ben Whitworth appeared and stated that she had opposed the request but that she wished to withdraw the opposition. No one else appeared in connection with the foregoing application. Motion by Jimenez, seconded by Sizemore and passed that the hearing be closed. Motion by Blackmon, seconded by Jimenez and passed that Application 0167-13, Mr. Frank A. Longoria, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot C-2, Bancroft Dodge Annex, be denied but that in lieu thereof a Special Permit be granted for a single four-plex and detached garages subject to a 50 -foot setback and appropriate location of sidewalks be set forth in the ordinance effectuating this Special Permit. There being no further business to come before the Council, the Special Meeting was adjourned.