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HomeMy WebLinkAboutMinutes City Council - 08/08/1962 - SpecialCITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING August 8, 1962 4:00 p.m.' PRESENT: Mayor Pro Tem Tom R. Swantner Commissioners: Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts City Manager Herbert W. Whitney Ass°t City Att'y Wayland Pilcher City Secretary T. Kay Kring • Mayor Pro Tem Tom R. Swantner called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Maldonado and passed that the absence of Mayor Ben F. McDonald and of Commissioner Jim Young be excused for cause. Mayor Pro Tem Swantner announced the purpose of the special meeting was to hold public hearings on 4 zoning applications, and explained the procedure to be followed. Mayor Pro Tem Swantner announced the public hearing on the application of Joe Simon and W. Sam Perkins for a change of zoning from "R=1A" One-tamily Dwelling District to "A-2" Apartment House District on Lots 10, 11,"12 and 13, Block 1, Edgewamejerrace Addition. Tom Lake, Jr., Zoning Coordinator, located the property on the map, being 4 lots located in the 6000 Block of Ocean Drive between Corpus Christi Bay and Ocean Drive at the intersection of ocean Drive and South Alameda; pointed out the zoning and land uses of the surrounding area; stated that out of 9 notices mailed out, there had been 2 written returns in favor of the rezoning, and 4 against; and that the recommendation of the Zoning & Planning Commission is that the request for "A-2" Apartment House District zoning be approved. Faries Wade, attorney representing the applicants, spoke in support of the application on the basis that the proposed apartment house would act as a buffer between the existing business zoning on Lot 14 and the One -family residential zoning; that the adjoining Lot 9 is vacant and fenced with a concrete block wall and that the nearest part of the proposed development will be 20O' from the existing structure; that deed restrictions on the property since 1938 have been removed by District Court action; and that the applicants propose to build a seawall to support and protect the proposed development which will in turn protect Ocean Drive from erosion by the Bay in this area. ti Special Council fleeting August 8, 1962 Page #2 Lynn Evans, architect, described the proposed plans for a modern, semi - fireproof, 2 -story, cooperative apartment building of 33 units, with elevators, which would not block anyone's view of the Bay, and stated that the necessary fill and seawall will be too expensive to develop the property for one -family residences, and that conditions have changed in the 24 years that the deed restrictions have been in force, Charles W. Keliehor, owner of Lot 15, stated that he had been opposed to any business development, but that he was heartily in favor of the proposed apartment house as being the only proper development for the property. Joe Simon, applicant, spoke in support of the application as being an asset Eo the community and pointed out that there was a filling station and a grocery store across the street. Henry Loeb, who lives off Ocean Drive, spoke in favor of the application. Travis Smith, attorney representing Mrs. D. W. Pickett, Sr., owner of Lot 7 and a portion of Lot 8, requested that if the Council was going to consider the District Court Sudgisent and determine its action or be influenced by it, that the hearing be postponed until his client had an opportunity to set that judgment aside; and was advised that the Council considers a rezoning application from a zoning and proper use standpoint, and that whether or not zoning is granted, it would not affect in any way any deed restrictions. Mrs, Pa F. Klinker, 6057 Edgewater, presented a petition of 35 signatures of property owners, in opposition to any change in the zoning. Dr, A. Pa Portela, 6008 Ocean Drive; Mrs, Marge Lardner, 6006 Soo Alameda; Mrs. A. R. Gaily, 6038 Edgewater; and Travis Smith, attorney representing Mrs, D.W. Pickett, Sr., 6030 Ocean Drive, all spoke in opposition to the application on the basis that they had bought their properties because of the deed restrictions for one -family residences, and that they did not want to have to go to the expense of litigation to have the District Court dudent set aside. Everyone having been given the opportunity to speak on the matter, Mayor Pro Tam Swantner declared the hearing closed. Motion by Barnard, seconded by de Leon and passed that any action of the Council be deferred, and the matter be taken under advisement. • Special Council Meeting August 8, 1962 Page #3 Mayor Pro Tem Swantner announced the public hearing on the application of Joe Samman for a change of zoning from "8-111" One -family Dwelling District to "A-1" Apartment House District on Lot 35, Block 14, Bel Aire Park #1. Mayor Pro Tem Swantner called attention to the fact that the recommenda- tion of the Zoning & Planning Commission is that this application be denied, that it would therefore require a majority plus 1 vote of the Council to over -ride the recommendation for denial, which in this meeting would require 4 out of the 5 votes present, and advised the applicant that if be so desired, the Council would recess the public hearing until the next regular meeting. Joe Samman, applicant, requested that the hearing be recessed. Mayor Pro Tem Swantner asked if anyone desired to appear in opposition to the application, and since no one desired to appear, the public hearing on the application for a change of zoning from "8-1B" to "A-1" on Lot 35, Block 14, Bel Aire Park #1, was recessed until the regular Council meeting of August 15, 1962, convening at 2:00 p.m. Mayor Pro Tem Swantner announced the public hearing on the application of Jose M. Urias for a change of zoning from "R -1B" One -family Dwelling District to "8-4" General Business District on Lot 21, Block 8, La Arboleda Addition. Mayor Pro Tem Swantner called attention to the fact that the recommenda- tion of the Zoning & Planning Commission is that this application be denied, that it would therefore require a majority plus 1 vote of the Council to over -ride the recommendation for denial, which in this meeting would require 4 out of the 5 votes present, and advised the applicant that if he so desired, the Council would recess the public hearing until the next regular meeting. Jose M. Urias, applicant, requested that the matter be heard now. Tom Lake, Jr., located the property on the map, being on the North corner at the intersection of Halsey Street and McArthur Street, pointed out the zoning and land uses of the surrounding area, that it abuts "B-4" zoning on Lot 22, which is vacant; that there is a beauty shop and grocery store across the street, that residences front on McArthur, that there were 4 written returns in favor of the application and 2 against, and that the recommendation of the Zoning & Planning Commission is that the request for "B-4" General Business District be denied on the i Special Council Meeting August 8, 1962 Page #4 basis that it would be a further encroachment into an existing residential area. Jose M. Urias, applicant, stated that all he wanted was to be able to operate his plumbing shop business from the property. Jose Fernandez, who recently received a special Council permit to operate his plumbing shop business on his property in the area, and a property owner across the street from the applicant, spoke in favor of the application on the basis that Mr. Urias needs to operate his business from his home on this property; and in answer to a question from the Council, Mr. Fernandez stated that his special Council permit completely satisfies his needs. No one appeared in opposition, and no one else desiring to be heard, Mayor Pto Tem Swantner declared the hearing closed. Motion by de Leon, seconded by Maldonado that the Council over -ride the recommendation of the Zoning & Planning Commission, and the application be approved. Commissioner Barnard suggested that it might not be wise to grant the "B-4" zoning which would allow operations that might not be desirable in that neighborhood, and that apparently a special Council permit to operate a plumbing shop on the property will satisfy the applicants needs. On roll call vote, Commissioner de Leon and Maldonado voted "Aye", Mayor Pro Tem Swantner, Commissioners Barnard and Roberts voted "nay", and Mayor Pro Tem Swantner declared the motion had not passed. Motion by Commissioner Barnard, seconded by de Leon and passed that the application for a change of zoning from "R -1B" to "B-4" on Lot 21, Block 8, La Arboleda Addition, be denied, and in lieu a special Council permit be granted to operate a plumbing shop on the property, subject to no outside pipe storage. Mayor Pro Tem Swantner announced the public hearing on the application of Felix Pumarejo for a change of zoning from "R -1B" One -family Dwelling District to "R-2" Two family Dwelling District on Lot 7, Block 14, Segrest Addition. Tom Lake, Jr., located the property on the map, being on the Southeast corner of the intersection of Cleo Street and Reinley Street; pointed out the zoning and land uses of the surrounding areae that of 23 notices sent out, 3 had been returned in favor of the application and 2 against; and that the recommenda- tion of the Zoning & Planning Commission is that the request for "R-2" Two-family Special Council Meeting August 8, 1962 Page #5 Dwelling District be approved. James DeAnda, attorney representing the applicant, spoke in favor of the application on the basis that the present location of his client's duplex home on Buford Street has been taken for right-of-way and due to the expense of housemoving, he needs a location nearby. No one appeared in opposition, and Mayor Pro Tem Swantner declared the hearing closed. Motion by de Leon, seconded by Maldonado and passed that the recommendation of the Zoning & Planning Commission be concurred in, and that the zoning on Lot 7, Block 14, Segreat Addition, be changed from "B -1B" to "R-2". There being no further business to come before the Council, the special meeting was adjourned.