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HomeMy WebLinkAboutMinutes Board Of Adjustment - 05/22/2002 • ,4 22 23 6` BOARD OF ADJUSTMENT MINUTES03 a May 22,2002 + 0� NYC"yS GAG cti 4 Board Members Present: Peter Mahaffey, Chairman .� ��/ Thomas McDonald, Vice-Chairman 1/0�e a L 9 „,c, • Gene Clancy, Alternate John Martinez,Alternate Board Members Absent: Louis Alvarado Robert Broadway Charles Schibi Staff Present: Miguel S. Saldafia, AICP, City Planner Doyle Curtis, Senior Assistant City Attorney Erma Ramirez, Recording Secretary CALL TO ORDER Chairman Mahaffey opened the public hearing at 1:35 p.m. in the Council Chambers at City Hall and explained the procedure to be followed. 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. Saldafia stated that the petitioner, Mr. John P. Flores, is requesting a variance to reduce the 25-foot front yard setback to 20 feet. The applicant has constructed a carport in the front yard setback within 5 feet of the property line. The property is within an "R-1B" One-family Dwelling District which requires a 25-foot setback. He presented a computerized slide presentation of the subject property and surrounding area, and also a site plan provided by the petitioner. Twenty-one notices were mailed within the 200-foot radius, of which none were returned in favor and nine(9)were returned in opposition. Mr. Saldafia further stated that there are no adjacent properties that have any encroachment in the front yard setbacks. As part of the variance, certain findings have to be made as to the size, shape, and slope of the property or exceptional conditions. Staff could not make a finding in any of those areas,therefore recommends denial. SCANNED *10 Zoning Board of Adjustmeiinutes ' May 22,2002 Page 2 Chairman Mahaffey opened the public hearing. No one appeared in favor or in opposition, therefore, the public hearing was closed. Board Member McDonald asked if the carport had been constructed without a building permit, to which Mr. Saldana responded affirmatively. Motion by McDonald, seconded by Clancy, that the appeal be denied due to its encroachment into the neighborhood which has no other evident encroachments. The carport was built without a building permit, and does not have any support in any event. Motion passed unanimously, with Alvarado, Broadway, and Schibi being absent. Rick Ledbetter: Appeal No. ZBA0502-01 Request: A special use exception for a 120-foot wireless monopole tower on Padre Island No. 1, Block 17, Lots 3A, 4A, and 5A, located on the west side of South Padre Island Drive, approximately 100 feet south of Encantada Avenue. Mr. Saldana stated that the petitioner, Mr. Rick Ledbetter, is requesting a special use exception for a 120-foot wireless monopole tower to better serve the Padre Island area. He presented the location of the property and stated that the tower would be built to the rear corner of the lot. He described the zoning and land use of the surrounding area and made a computerized slide presentation of the proposed site plan submitted by the petitioner. There were eleven (11) notices mailed to property owners within a 200-foot radius, of which none were returned in favor and one (1) was returned in opposition. Board Members Mahaffey and McDonald asked if the petitioners could build one or two 85-foot towers without any review, to which Mr. Saldana responded affirmatively. Board Member Clancy asked what the distance was from the tower to the rear lots, to which Mr. Saldana responded that the lots fronting Palmira Drive are approximately 150 feet deep and are undeveloped residential lots. Chairman Mahaffey opened the public hearing. Mr. Rick Ledbetter, 2939 Mussrock, San Antonio, Texas, working with the design group, spoke on behalf of Sprint PCS. This proposed facility is the farthest west facility on Padre Island and is designed to serve an area which lacks proper access to wireless coverage and suffers from dropped calls. The primary focus is the Padre Island National Seashore and the Bob Hall Pier. The tower compound has been set back 300 feet, as far 4110 Zoning Board of Adjustmei inutes • May 22,2002 Page 3 back as possible from any construction or neighboring uses. They propose to screen the facility with wood cedar fencing and landscaping to make the impact as minor as possible. This will not be a repetitive request since the tower can handle ample carriers. Chairman Mahaffey asked if the tower would fall, what would it hit. Mr. Ledbetter responded by stating that the 120-foot tower would not impact the properties to the back, front or to the side. The person at risk is the lessor, Mr. Chisolm, and he is willing to deal with that issue should it come. He is satisfied with the engineering of both windload and structure. Chairman Mahaffey asked if the school was set back more than 120 feet, to which Mr. Ledbetter responded affirmatively. Board Members McDonald and Clancy asked if the request was denied, would they build an 85-foot tower and if there were any existing towers that could be shared. Mr. Patrick Erwin, with Sprint PCS, responded that they would build an 85-foot tower closer to the existing towers, but would also require another 85-foot tower as close to the national seashore. He stated that there weren't any existing towers that could be shared. No one appeared in opposition and the public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that in the Staff's opinion the request would not adversely affect the adjoining properties or uses, therefore, Staff recommends approval. Motion by Martinez, seconded by McDonald, that this appeal be approved. Motion passed unanimously with Alvarado, Broadway, and Schibi being absent. Larry G. Hendricks Appeal ZBA0502-02 Request: A variance to reduce the side yard setback from 5 feet to 3 feet on Laguna Madre Cove, Lot 47, located on the north side of Whiteley Drive, approximately 250 feet west of the Laguna Madre. Mr. Saldana stated that the petitioner, Mr. Larry G. Hendricks, is requesting a variance to reduce the side yard setback from 5 feet to 3 feet in order to develop the property with a single-family residence. Mr. Saldana described the adjacent properties by making a computerized slide presentation. He also presented the applicant's site plan depicting the existing pilings built by a previous owner, which are within 3 feet of the subject property. The applicant would like to utilize the pilings. There were fourteen (14) notices mailed to property owners within a 200' radius, of which one (1) was returned in favor and five (5) were returned in opposition. A petition in opposition was also submitted with 7 signatures. Zoning Board of Adjustme•inutes • • May 22,2002 Page 4 Mr. Mahaffey opened the public hearing. Mr. Larry Hendricks, owner of the subject lot, stated that they are requesting a variance to reduce the side yard setback from 5 feet to 3 feet in order to construct a single-family home. Mr. Hendricks stated that the pilings were constructed on the subject property before Flour Bluff was annexed into the City. He stated that the pilings are from bridge pilings that can handle a significant amount of weight, being between 27 and 28 feet in length. To tear down the existing pilings would be very expensive, and if they were to be rebuilt again,they would lessen the strength of the foundation. Mr. Bill McDowell, engineer, stated that he had examined the pilings and they were more than capable of holding the weight of a single-family structure. They met with his approval as an engineer. Board Members asked if the overhang would be over the pilings. Mr. Hendricks responded negatively, stating that the pilings would be right at 4 feet. It would be outside of the 3 feet on the neighbor's side. Mrs. Hendricks added that if they were to build onto the pilings it would damage the existing retaining walls and would limit them from being able to use the walk area. She also added that the neighbor's home sits far enough away with a driveway between their home from where they propose to build, so there really is no encroachment of any type between the wall and the roof towards them. Mr. Saldar a asked to which side would water drain. Mr. Hendricks stated that the plans had been changed to go towards the street, front and back, toward the mooring. Mr. Raymond Costello, neighbor directly across the canal appeared in favor, stating that the construction will be a benefit to the neighborhood in that it will not be a desolate piece of property. The Hendricks have already improved the site 100% by landscaping. In respect to the property owner of 118 Whiteley Dr., the lot west of referenced lot, their home is situated on their lot in such a way that to allow us the 3-foot variance would not encroach upon their privacy or property in any way. Their home is at least twenty feet from the boundary with their driveway between the proposed building site and their home. Mr. Jim Ferris, 110 Whiteley Dr., appeared in favor stating that he bought the subject property in 1970 after Hurricane Celia with the intention to build a home. The pilings were set on the 3-foot side yard because that was what was allowed back then. Mr. and Mrs. McKinley, adjacent neighbors, appeared in opposition stating that they were also representing the 12 adjacent neighbors. Mrs. McKinley presented a petition with 7 signatures in opposition. She stated that the Board of Adjustment in 1997 for the same reason of encroachment denied the same request. The value of their home would be greatly diminished. She was concerned of a fire hazard since the properties were so close. There would not be enough space for emergency personnel to get through. Zoning Board of Adjustme•inutes • ' May 22,2002 Page 5 She presented newspaper article showing a house fire. She also presented photographs of the existing pilings, which depicted some corrosion. Mr. Hendricks stated that the pilings presented with corrosion would not be used; they would come down. Chairman Mahaffey closed the public hearing. Mr. Saldafta gave Staffs recommendation of denial, although the Board might take into consideration that the pilings were there before annexation. After a brief discussion, a motion was made by McDonald, seconded by Clancy, that the appeal be approved, with McDonald, Clancy, and Martinez voting aye, and Mahaffey voting nay. The motion failed due to lack of four affirmative votes, therefore, the appeal was deemed denied. NOTE: For detailed information on testimony, refer to the tape retained on file in the Planning Department. APPROVAL OF MINUTES The minutes for the April 24, 2002 meeting were approved subject to the following corrections: • Page 2, second paragraph. Change Board Member Mahoney to Board Member "Mahaffey". • The misspelling of Commissioner Clancey to"Clancy". OTHER MATTERS Chairman Mahaffey reminded Staff to add the election of officers to the next meeting's agenda. ADJOURNMENT The meeting adjourned at 3:13 p.m. Miguel S. Saldana, AICP Erma Ramirez Board of Adjustment Administrator Recording Secretary H:1PLN-DIRIERMAIWORD\ZBAUVIINUTES1052202ZBAMINUTES.DOC