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HomeMy WebLinkAboutMinutes Board Of Adjustment - 03/27/2002 • • BOARD OF ADJUSTMENT MINUTES ` 22 23 242s`,6% March 27,2002 t N *t$A�J�G�S `N° Board Members Present: Peter Mahaffey, Chairman • ��ti w r' Thomas McDonald, Vice-Chairmanp`t4 Louis Alvarado . Robert Broadway 110l s a L gg��`� Charles Schibi Gene Clancy, Alternate John Martinez, Alternate Staff Present: Miguel S. Saldana,AICP, City Planner Erma Ramirez, Recording Secretary CALL TO ORDER Chairman Mahaffey opened the public hearing at 1:30 p.m. in the Council Chambers at City Hall and explained the procedure to be followed. James Mazoch Homes, Inc.: Appeal No. ZBA0302-01 Request: A variance to reduce the 10-foot front yard setback to 0 feet on Point Tesoro Unit 2, Block 11, Lot 9, located on the north side of Bullion Court, approximately 425 feet west of Reales Drive. Mr. Saldafla made a computerized slide presentation of the subject property and the surrounding area. The subject property is surrounded by a "R-1B" One-family Dwelling District and is developed with single-family residential in all directions. The petitioner, Mr. James Mazoch, is requesting a variance to allow a 7' x 14' swimming pool to be built between the 10-foot building line and property line. There were twenty-eight (28) notices mailed to property owners within a 200-foot radius, of which none were returned in favor and nine(9) were returned in opposition. Chairman Mahaffey opened the public hearing. Mr. James Mazoch stated the reason for the requested variance, and added that there were other similar properties in the area. Board Members asked about landscaping and sidewalks, to which Mr. Mazoch said that the pool could not be seen from a distance and that there are no sidewalks. Ms. Brooke Sween-McGloin, 3301 San Antonio, appeared in opposition stating that this request would set a precedent in the area. SCANNED Board of Adjustment Min March 27,2002 • Page 2 The public hearing was closed. Mr. Saldana stated that Staff has made a recommendation for denial on the basis that the required findings as stated in Section 25-5.01 of the Zoning Ordinance cannot be made. In response to Board Member Broadway, Mr. Saldana described other homes and said there were no restrictions on fence lines, unless described on deed restrictions. He added that the public right-of-way includes sidewalks or landscaping. The public hearing was reopened. Mr. Mazoch stated that he has built similar pools on the Island. After a brief discussion, the public hearing was closed. Motion by Schibi, seconded by Broadway, that a variance to reduce the 10-foot front yard setback to 0 feet be denied. Motion passed unanimously. Craig and Barbara Sico: Appeal No. ZBA0302-02 Request: A special yard exception to reduce the 25-foot front yard setback to 23 feet on Port Aransas Cliffs Addition, Block 115, Lots 5, 6, 7, and 8, located on the west side of Denver Street, approximately 125 feet north of Ropes Street. Mr. Saldana made a computerized slide presentation of the subject property and the surrounding area. The subject property is surrounded by a "R-1B" One-family Dwelling District and is developed with single-family residential in all directions. The petitioners, Craig and Barbara Sico, are requesting a special yard exception to allow the building of a car garage to extend 2 feet over the front building line setback. There were twenty (20) notices mailed to property owners within a 200-foot radius, of which four(4) were returned in favor and two (2) were returned in opposition. The public hearing was opened. The petitioner, Mr. Craig Sico, explained that the first survey was incorrect because it showed the building line closer to the street and only the eave would encroach into the front yard. After further inspection of the property markers, it was determined that the single-story garage would encroach into the required front yard. Board Member Clancey asked if the structure's eave was to overhang into the front yard. • Board of Adjustment Min ' March 27,2002 ' Page 3 Mr. Sico replied by stating that originally it was thought that only the eave would be in the front yard. He added that another survey was pending. Mr. Edward Subold, 3834 Denver, appeared in opposition questioning the addition is set back from the curb line. Across the street, the front yard is 39 feet from curb line. He was concerned about property values if adjacent houses were allowed a reduced setback. In response to Board Member Mahaffey, Mr. Eddie Marrow, 5029 Greenbriar(the builder), replied that reducing the garage by 2 feet greatly affects the plan because it would be difficult to park in the garage and added that the new survey may reflect that the structure is not in violation. He reassured that the exception would not bring the value of the adjacent homes down. Chairman Mahaffey asked if there were any sidewalks in the area, to which Mr. Saldafia replied negatively. Mr. Saldana stated that Staff recommended approval of the special yard exception on the finding that such exception will not substantially affect adversely the uses of adjacent and neighboring property permitted by the Zoning Ordinance. The reduction in the front yard is limited to the encroachment of the garage area as shown on the site plan. After a brief discussion, a motion was made by Board Member John Martinez to approve the special yard exception to reduce the front yard setback from 25 feet to 23 feet, limiting the encroachment as indicated on the site plan, seconded by Board Member Schibi. Motion passed unanimously. John P. Flores: Appeal No. ZBA0302-03 Request: A variance to reduce the 25-foot front yard setback to 5 feet on Pope Place,Block 9, Lot 12,located on the south side of Grant Place, approximately 250 feet west of Ft. Worth Street. Mr. Saldana stated that the petitioner, Mr. John P. Flores, had requested that the request be continued to the next public hearing meeting. A motion was made to continue the request until the April 24, 2002 public hearing. Motion passed unanimously. •Board of Adjustment Mint • March 27,2002 Page 4 Outback Steakhouse: Appeal No. ZBA0302-04 Request: A special yard exception to reduce the front yard setback from 20 feet to 0 feet on Oakhurst Place, Tract 8,located on the south side of South Padre Island Drive, approximately 300 feet east of Jean Street. Mr. Saldafla made a computerized slide presentation of the subject property stating that the petitioner would like to add space to the restaurant. There were ten (10) notices mailed to the property owners within a 200-foot radius,of which one(1)was returned in favor and one(1) in opposition. Chairman Mahaffey opened the public hearing. Mr. Steve Kelley representing the Outback Steakhouse, stated that they are proposing an expansion. He explained that they have a 5-foot utility easement and the actual property line is 10.8 feet away from the corner of the building. The easement is for a gas line that actually runs under the sidewalk. Their request is to utilize the 2'- 6" of the public right-of-way. They are willing to pay market value for the extra feet. It will increase business by 20-25% by adding 11 tables. Mr. Kelley said that the expansion would benefit the city tax base. In response to the Board, Mr. Kelley said that the proposal is to build a closed in and air-conditioned patio opposite of where the sun sets. It would not be as pleasant sitting on the other side of the building. He added that the expansion would have half wall and zippers and on cool days the zippers will be opened. There are two reasons why the proposed site is preferred, 1) being that there is parking on the other side, which they would lose, and 2)being that they have a"to go"section. Board Member Schibi asked if the remaining area would be landscaped, to which an affirmative reply was given and that the expansion would extend to the sidewalk. Mr. Saldara stated that this case was a very difficult one because of the easement. Staff recommended not to encroach any easements, therefore, Staff does not recommend the full request. Staff is only recommending a 15-foot extension into the sideyard setback which would eliminate the encroachment into the easement or across the property line. After a brief discussion over the proposed site plan and landscaping, Chairman Mahaffey declared the public hearing closed. Motion by Board Member Schibi that a special yard exception be approved, but limited to the encroachment of the proposed expansion as per the site plan and that the easement be abandoned and vacated within one year of the exception. The motion was seconded by Board Member Broadway, and passed unanimously Board of Adjustment Minu • March 27,2002 Page 5 NOTE: For detailed information on testimony, refer to the tape retained on file in the Planning Department. APPROVAL OF MINUTES The minutes for the February 27, 2002 meeting were approved as submitted. ADJOURNMENT The meeting adjourned at 2:50 p.m. Miguel S. Saldana, AICP Erma Ramirez City Planner Recording Secretary H:\PLN-DIR\ERMA\WORD\ZBANINUTES\032702ZBAM INUTES.DOC