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HomeMy WebLinkAbout02171994 ZBA Minutes• • : :" • MINUTES FROM FEBRUARY 17, 1994 ZONING BOARD OF ADJUSTMENT The Zoning Board of Adjustment came to order at 7:30 p.m. with the following members present: Sterling Minor, Chairman, Frank Billings, Vice Chairman, Rob Peterson, Stephen Masera, Vic Hansen and Melinda Snell. Also present from the City were Dennis Holm, Chief Building Official and Susan Thorn, Building Secretary. Members introduced themselves and procedures were explained. No residents were present to express opinions regarding any items that were not on the agenda. The only case on the Docket was 93-23, concerning the property located at 3771 Robinhood, Lot 4 and the East 1/2 of Lot 3, Block 1, Sunset Terrace Addition, a rehearing of an application requesting a variance to authorize a lesser side setback. The first hearing was held on December 16, 1993. Notices were read and participants were sworn in. Frank Billings made a motion to approved the notices as posted. This motion was seconded by Melinda Snell. Voting was unanimous. David Allums, Attorney for Mr. Stephen Keller explained that Mr. • Keller is requesting a variance without conditions on the side setback for the garage and the porte cochere. Mr. Allums explained that the surveying errors were not discovered until the structures were in place. At that time Mr. Keller contacted the surveyor and informed the surveyor of the problem. Mr. Keller also contacted the City and went before the Zoning Board of Adjustment in December of 1993. A variance was granted by the Zoning Board of Adjustment with conditions placed on the garage and porte cochere. Mr. Fred McConnell, a surveyor for H& M Engineering explained that this firm did the original survey for the property. Mr. McConnell explained that his firm did not realize that there was a problem with the original survey. Mr. McConnell's crew had done the survey, but Mr. McConnell's name appears on the survey. The two pins that contributed to the error, were probably placed when two feet of the property was deeded over. The original pins were found later during a second survey. Mr. McConnell explained that there was a pin in the wrong place that had been placed by whoever did the work when the 2'x 64' strip was acquired. Mr. Keller explained that he had purchased a 2' x 64' strip from Kyle Janak. A neighbor Mrs. Nast had told Mr. Keller that the that the original 2' x 64' strip of land had been sold so that the owners could have a circular drive. • • • ~._ - . Mr. Allums explained that that Mr. Keller was made aware of the problem when Mr. Coulter, the husband of one of the owners of the property located next door approached Mr. Keller and said that the fence was being put where Mr. Coulter's property was. Mr. Keller then discovered two more pins and called H& M Surveying and Mr. Ed Beasley, the Building Official at that time. Mr. Beasley told Mr. Keller that he would need to go before the Zoning Board of Adjustment and ask for a variance. The variance was granted with conditions placed on the porte cochere of fifteen years and on the garage of ten years. This would cloud Mr. Keller's title and he would not be allowed to refinance. Mr. Allums explained that Mr. Keller's hardship is that the ten and fifteen year variance creates a cloud on Mr. & Mrs. Keller's title. The second hardship would be on Mr. McConnell of H& M Surveying if Mr. Keller has Mr. McConnell correct the mistake, Mr. McConnell's firm would have to pay for tearing down the garage and a major portion of the house and this would effectively cause Mr. McConnell to go bankrupt. Mr. Allums explained the error was inadvertent. A survey was done on three occasions: When Mr. Keller purchased the property, when he had one done to submit to the City with his plans and when a forms survey was done. All three surveys were wrong. Mr. Allums quoted a case "City of Corpus Christi V.S. McBride" which is similar to this request. • Mr. Allums urged the Board the Board is not inclined to this. Mr. Keller has a Robinhood which is next to on April 4th 1994. A copy minutes. to grant an unconditional variance. If to do so Mr. Keller has an alternative contract to purchase the lot at 3765 3771 Robinhood. This is set to close of this agreement is made part of these Mr. Dennis Holm, Chief Buildinq Official gave the City's point of view. He explained that Mr. Keller is requesting a variance to allow a lesser side setback than allowed by section 7-100 of the Zoning Ordinance. Mr. Keller complied with all the requirements of the city inspection office during the construction process. This include a survey and siteplan prior to plan approval and a foundation form survey prior to construction of the foundation. This problem surfaced after the house had been completed and another survey performed. A second set of property pins had been found and verified to be the correct ones, not the pins used by the surveyor prior to and during construction. The city did not recieve any calls or correspondence from any neighbors regarding any potential problems that they were aware of prior to or during construction. Mr. Holm explained that the City feels that the side encroachment is not significant enough to cause any health or safety problems, nor be an impediment for police and fire protection. Mr. Holm further explained that the City is not opposed to granting the variance for the lesser side setback. • No correspondence was received in opposition. One letter was received in favor. ~ i-` ~ ~ • • Arden Morley made a motion to this hearing. This motion was - was unanimous. Voting members Peterson, and Melinda Snell. • close the evidentiary portion of seconded by Frank Billings. Voting were Frank Billings, Vic Hansen, Rob Stephen Masera did not vote. After a brief discussion Frank Billings made a motion to grant the variance on the side setback with the condition being placed that an agreement be filed by Mr. Keller to purchase the adjoining property at 3765 Robinhood and that a restriction be placed on 3765 Robinhood of a side setback of ten feet on the principal building and six feet on the garage. Vic Hansen seconded the motion. Voting was unanimous. Voting members were Frank Billings, Vic Hansen, Rob Peterson, and Melinda Snell. Stephen Masera did not vote. The next item on the agenda was consideration of the Zoning Board of Adjustment form. Mr. Holm, Chief Building Official explained that he had spoken with Mr. Dougherty, the City's Attorney and that Mr. Dougherty had devised this form to meet the requirements for designation of side setback. Frank Billings made a motion to find the form satisfactory to meet the requirements of Appendix A, Side Lot setback schedule. Rob Peterson seconded the motion. Voting was unanimous. The next item on the agenda was approval of the minutes from the December 16, 1993 meeting and the January 20, 1994 meeting. Steve Masera made a motion to approve the minutes with corrections. Arden Morley seconded the motion. Voting was unanimous. Rob Peterson made a motion to adjourn the mee ng. Stephen Masera seconded the motion. Voting was unanimous. eting adjourned at 8:55 p.m. ~ D ~ I ATTEST: C7 SECRETARY ~