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HomeMy WebLinkAboutMinutes City Council - 09/26/1962 - SpecialPRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 26, 1962 km00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring • Mayor Ben F. McDonald called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor McDonald announced the public hearing on the application of Mr. and Mrs. R. R. Blankert for a change of zoning from "R -1B" One -family Duelling District to "B-1" Neighborhood Business District on the southwest portion of Lot 3, Block 1, Alameda Estates. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land uses of the area; that there was a pending application for "A-1" zoning on the property which he understood had been withdrawn; that of 27 letters mailed to property owners, 3 written returns had been received against the rezoning and none for, and that at the Zoning & Planning Commission's public hearing, the applicant had appeared in support of the request, and 1 person had appeared in opposition; and that the recommendation of the Zoning & Planning Com- mission is that the request for "B-1" Neighborhood Business District zoning be approved subject to the erection of a 6' solid fence along the side and rear prop- erty lines adjacent to the existing residential property. City Manager Whitney presented a letter addressed to the City Secretary dated August 9, 1962, from the applicant, withdrawing his previous request for "A-1" zoning, and requesting consideration instead of "B-1" zoning, which letter was ordered filed. Mr. and Mrs. Blankert, applicants, appeared and spoke in support of the application; stated that the requested rezoning had been changed from "A-1" to "B-1" since the Council had approved "B-1" zoning for the adjoining property; that al- though they have a party interested in the property, they would prefer to work out some type of development in conjunction with the adjoining property which faces Alameda Street, but have been unable to do so up to now. City of Corpus Christi, Texas Special Council Meeting September 26, 1962 Page 2 After discussion, Mayor McDonald suggested that any change in zoning on this property Was a little premature until more definite plans for development could be presented, and that since business zoning facing on Eldon Drive appeared to be an encroachment on the residential zoning, that the applicant be allowed more time to contact the owners of the adjoining property facing Alameda. No one else appeared to be heard on this application. Motion by Barnard, seconded by Maldonado and passed that the hearing be closed, and the matter taken under advisement. Mayor McDonald announced the public hearing on the application of Mrs. F. F. Duke for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 9 and 10, Block 4, Sun glower Addition No. 2. Tom Lake located the property on the map; pointed out the residential zoning and use of the properties for several, blocks in every direction; that of 24 letters mailed out, 10 written returns had been received for, and 3 against the change; that the question of a Special Council Permit was considered pro and con, but it was felt this would make financing of improvements very difficult; and that the recommendation of the Zoning & Planning Commission is that the request for "B-4" General Business District be denied. Travis Peeler, attorney representing Mrs. Duke, reviewed the history of the property in question as to ownership, continuous nonconforming use, and pre- vious requests for rezoning; explained that Mrs, Duke contemplates building a new garage to comply with the square -foot requirements under the "B-4" zoning, that there will be no outside storage of materials, that the garage will front on Gollihar Road, and that she is willing to include a fence along Evelyn Street; that without the requested "B-4" zoning she has been unable to obtain a loan to finance these improvements; and that the contemplated improvements will be a vast improve- ment in the condition of the property. Commissioner Sweatier commented that he understood City Attorney Singer had ruled that a Special Council Permit allowing a specific use for a particular property was in fact a change of zoning for as long as the property is so used, and suggested that the loan agencies that had refused financing did not understand the legal effect of the Special Council Permit. City of Corpus Christi, Texas Special Council Meeting September 26, 1962 Page 3 Commissioner Roberta questioned whether or not a garage is permitted within 300' of a school even if the rezoning were granted., and requested that this be checked so as not to mislead the applicant. Commissioner Maldonado reported that the sub -committee appointed to review the matter recommended the granting of a Special Council Permit. No one else appeared to be heard on this application. Motion by Roberts, seconded by de Leon and passed that the hearing be closed, and the matter taken under advisement. Ccmnissioner Scantier requested that Mr. Peeler leave a copy of the letter from the loan agency refusing the financing with Mr. Lake, and requested a ruling in writing from the Legal Department in the matter with reference to the Special Council Permit. Mayor McDonald announced the public hearing on the application of Dr. J. G. Casillas for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 7, Phillips 66 Subdivision. Tom Lake located the property on the map; pointed out the zoning and land use of the area; that 20 letters had been mailed out to property owners, and 4 writ- ten returns had been received in favor of the change, and 3 against; that 3 people had appeared for the application, and 2 in opposition at the Zoning & Planning Com- mission's public hearing; and that the recommendation of the Zoning & Planning Com- mission is that the request for "B-1" Neighborhood Business District be approved. City Manager Whitney presented a letter dated September 26, 1962, from C. E. Lacey, representing 5 property owners, and a petition signed by the same prop- erty owners and their wives, requesting that the "B-1" zoning be denied, but that instead zoning permit for special types of business be considered. Dr. Casillas spoke in support of his application on the basis that there is business on all 4 corners, that he contemplates a clinic with a pharmacy, and that he prefers a "B-1" zoning rather than an apartment zoning as be is not ready to develope the clinic immediately. Manuel Garza, Jr., owner of Lot 5, and C. G. Caballero, owner of Lot 6, spoke in favor of the application. The signers of the petition spoke in opposition to the application and in support of their petition, on the basis that they did not object to the contemplated t 1' City of Corpus Christi, Texas Special Council Permit September 26, 1962 Page 4 clinic, but did object to some of the uses that the property could be used for in the meantime if granted a business zoning. Motion by Roberts, seconded by de Leon and passed that the hearing be closed, and that the request for "B-1" zoning be denied, but that instead the zoning on Lot 7, Phillips 66 Subdivision, be changed from "R -1B" to "AB". Mayor McDonald announced the public hearing on the application of Faires P. Wade and Jesus and Victoria Gonzales for a change of zoning from "R-2" Two-family Dwelling District to "B-1" Neighborhood Business District on Lot 12, Block 3, and Lot 13, Block 2, Sosar Addition. Tom Lake located the property on the map; pointed out the zoning and land uses of the area; that of 62 letters mailed out, 9 written returns were received in favor of this application, and 2 against; that the recommendation of the Zoning & Planning Commission is that this request for "B-1" Neighborhood Business District be approved. Commissioner Swantner was excused from the meeting, and departed. Faires Wade, attorney, representing the applicants, explained that he was included in the application since he is helping Mr. and Mre. Gonzales with the fin- ancing of moving a house and double garage onto the property which they desire to use as their residence and business by turning the garage into a family -operated cafe, mainly for school lunches, that there is room for 4 or 5 parking spaces, and that they do not contemplate selling beer. City Manager Whitney reminded the Council that this property is in the area which the City is trying to improve through the Voluntary Street Assessment Program. No one appeared in opposition to the application. 'Mayor McDonald declared the hearing closed. Motion by Maldonado, seconded by Young and passed, with Commissioner de Leon voting "Nay", that the matter be taken under advisement. Commissioner Maldonado stated that he would like to inspect the property and Mayor McDonald suggested that he do so, and furnish Mr. Wade with a copy of his written report to the Council as soon as possible. Commissioner de Leon stated he had voted "Nay" merely in objection to the delay. There being no further business, the special meeting was adjourned. • • I, BEN F. MC DONALD, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of August 1, 1962, through September 26, 1962, inclusive, and having been previously approved by Council action, are by me hereby approved. BEN F. MC LD, Mayor City of Corpus Christi, Texas