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HomeMy WebLinkAboutMinutes City Council - 11/28/1962 - SpecialPRESENT: Mayor Ben F. McDonald Commissioners: Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING November 28, 1962 4:00 p.m. City Manager Herbert W. Whitney Asst City Att`y Wayland Filcher City Secretary T. Ray Kring Mayor Ben F. McDonald calied the special meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Roberts, seconded by Young and passed that the absence of Commissioner Swantner be excused for cause. Mayor McDonald announced the purpose of the special meeting was to con- duct public hearings on two applications for changes in zoning, and explained the procedure to be followed. Mayor McDonald announced the public hearing on the application of Dr. H. D. Hunsaker for a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 22, Block 6, Rest Haven Addition. William Anderson, Director of Planning, located the property on the map and pointed out the existing zoning and land use of the surrounding area; explained that the owner desires to lease the portion of the building not being presently used for his dental office as a gift shop, and that he does not pian any altera- tions to the existing building; stated that the unanimous recommendation with one member absent, of the Zoning 6. Planning Commission was that the request for "8-1" Neighborhood Business District be denied but that a special permit for a gift shop under Article 25, Section 25-4, Sub -section 12 of the Zoning Ordinance be approved subject to the following conditions: 1) That the sign or outdoor advertising structure be erected flat against the building and not to exceed 10 sq. ft. in size; and 2) That all other regulations of the "AB" Professional Office District will apply; and stated that 28 notices had been mailed out, 2 written returns were re- ceived in favor of the application, and 6 against, 2 of which were favorable to a special permit; and in answer to a question from the Council, answered that the only apparent off-street parking available would be in the driveway. • City of Corpus Christi, Texas Special Council Meeting November 28, 1962 Page 2 City Manager Whitney presented 4 letters received by the City Secretary pertaining to the application, which Mayor McDonald read in order : 1) Guaranty National Bank & Trust of Corpus Christi, Trustee for a multiple unit apartment property for the Nau Estate, Lot 13 & part of Lot 14, Block 2, Beasar Park Sub- division, opposing the change of zoning on the basis of inadequate off-street parking, aggrevated traffic congestion, and spot zoning; 2) Matilda J. Glenn, Block 6, Lot 19, Rest Haven, opposed; 3) P. D. Beaven, Block 6, Lot 5, Rest Haven, opposed on the basis that ''5-1" zoning will cheapen all the property in this vicinity; and 4) L. 8. Wehring Lumber Co., Block 6. Lot 6,Rest Haven, opposed on tke basis of there being no provision for off-street parking, would create a very undesirable traffic problem, and be unjust to owners of surrounding residences. No one appeared representing the applicant, and no one appeared to speak in support of the application. Mrs. Edwards, of San Marcos, owner of adjacent property, opposed both the change in zoning and the special permit. W. C. Roesler, owner of apartment house across Santa Fe from the property in question, showed photos relative to the parking and traffic situation, and opposed both the change in zoning and the special permit. Mrs. Aldine B. Burton, owner of Lots 13 & 14, Block 4, Sesser Park, speaking for herself and her tenants, opposed both the change in zoning and the special permit. Mrs. J. G. Toland, owner of Lot 15, Block 4, Sesser Park, opposed the "B-1" zoning. Everyone present having been given an opportunity to be heard, Mayor McDonald declared the hearing closed. Motion by Roberts, seconded by de Leon that the request for 'B-1" Neigh- borhood Business District on Lot 22, Block 6, Rest Haven Addition, be denied, and the request for a special Council permit to operate a gift shop on the subject property, be denied also. Motion by Young, seconded by Maldonado that the foregoing motion by Com- missioner Roberts be tabled until next week's meeting. • City of Corpus Christi, Texas Special Council Meeting November 28, 1962 Page #3 On roll call vote on the motion to table, Mayor McDonald abstained, Commissioners Barnard, de Leon, and Roberts voted "Nay", and Commissioners Young and Maldonado voted "Aye". Mayor McDonald announced the motion to table had failed. On roll call vote on the motion to deny both the "B-1" zoning and the special Councif permit, Mayor McDonald abstained, Commissioners Barnard, de Leon, and Roberts voted "Aye", and Commissioners Young and Maldonado voted "Nay". Mayor McDonald announced the motion to deny had passed. Mayor McDonald announced the public hearing on the application of Dr. James E. Tempesta for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a tract of land (unplatted) out of Lot 2, Section 3, Bohemian Colony Lands, located on the northwest corner of the inter- section of Kostoryz Road and Johanna Street extended. Mr. Anderson located the property on the map and pointed out the existing zoning and land use of the surrounding area; explained that the owners desire to build and operate a restaurant and later a doctor's office; stated that the unanimous recommendation, with one member absent, of the Zoning & Planning Commission was that the request for '8-4" General Business District be denied but that '$-1" Neighborhood Business District be approved since the plans of the applicant can be accommodated by the "B-1" classification; and stated that 7 notices had been mailed out, one written return was received in favor of the application, and one against; and in answer to a question from the Council, answered that the opposition had bean from Joe Alsup, attorney representing J. A. Kosar, on the basis that the area was essentially residential in character. City Manager Whitney presented a communication received by the City Secretary, which Mayor McDonald read, from H. A. Mikulik, 5130 Kostoryz, in favor of the application. Dr. James E. Tempesta, applicant, showed preliminary architectural plans for the proposed Italian Food restaurant, and explained he plans to develop for his doctor's office in the future, and that a "B-1" designation would be fine. No one appeared to oppose the application. Everyone present having been given an opportunity to be heard, Mayor McDonald declared the hearing cloned. • City of Corpus Christi, Texas Special Council Meeting November 28, 1962 Page #4 Motion by Young, seconded by Maldonado and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the request for "8-4" General Business District be denied, but that a change of zoning on a tract of land (unplatted) out of Lot 2, Section 3, Bohemian Colony Lands, located on the north- west corner of the intersection of Kostoryz Road and Johanna Street extended, from "R -1B" to "B-1" be granted. Commissioner Barnard requested that the Council take under advisement and be considering the length of time the City's offer of a site for a School for the Mentally Retarded to be located at the former Cliff Maus Airport property should be kept open. There being no further business to come before the Council, 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 October 3, 1962, through November 28, 1962, inclusive, and having been previously approved by Council action, are by me hereby approved. BEN F. NC DONALD, Mayor City of Corpus Christi, Texas