CITY OF DEL RIO, TEXAS ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS - CITY HALL 109 W. BROADWAY ST. MAY 18, 2015 5:30 P.M. AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES a. April 2015 Meeting Minutes 5. OPEN PUBLIC HEARING a. Conduct a Public Hearing and Consider a Request for Appeal # 15-08 by Dan Peterson is requesting a Special Permit to place an Off-Premise Sign in a C-2-B Zoning District. Property Description: Lot Pt 6, Block 5, Range 3/5 North Del Rio (111 East Garfield). b. Conduct a Public Hearing and Consider a Request for Appeal # 15-09 Maria Araceli Kiesel is requesting a variance in relation to front yard and lot coverage requirements in an R-S Zoning District. Property Description: Lot E 10 of 20 all of 21, Block A, Highland Park Addition (148 Northill Drive). c. Conduct a Public Hearing and Consider a Request for Appeal # 15-10 Juan and Juanita Sandoval are requesting a variance in relation to front yard requirements in an R-S Zoning District. Property Description: Lots 2 & 3, Block 30, San Felipe Heights Addition (1004 Plaza Avenue). 6. OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS) 7. ADJOURNMENT
Board of Adjustment 4. a. Meeting Date: 05/18/2015 Submitted By: Janice Pokrant, Engineering Department SUBJECT: April 2015 Meeting Minutes Information BACKGROUND: NA DISCUSSION: NA PROS: NA CONS: NA RECOMMENDATION: NA April 2015 Meeting Minutes Attachments
CITY OF DEL RIO, TEXAS ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS - CITY HALL 109 W. BROADWAY ST. MONDAY April 20, 2015 5:30 P.M. Meeting Minutes 1. CALL TO ORDER The meeting was called to order at 5:39 p.m. 2. ROLL CALL Board member Alatorre joined the meeting during agenda item 5.a. Present: Michael Coplan, Boardmember Raul Alatorre, Boardmember Bryan Weston, Boardmember Tony Sotelo, Alternate Member Dennis Smith, Alternate Member 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES 1. Approval of February 17, 2015 meeting minutes Motion by Boardmember Bryan Weston, seconded by Alternate Member Tony Sotelo AYE: Boardmember Michael Coplan
Boardmember Bryan Weston Alternate Member Tony Sotelo Alternate Member Dennis Smith 5. OPEN PUBLIC HEARING 2. Appeal # 15-03 Adolfo Narvaez, Representing Ana Narvaez is requesting a Special Permit to place a doublewide mobile home to be used as a residence in an R- S-O Zoning District. Property Description: Lot 19, Block 51, Blum Addition (816 East Morin). Mr. Narvaez spoke in favor of his request and explained that he didn't purchase the mobile home prior to going before the Board and has now lost the ability to purchase the doublewide home he had in mind when he applied. His concern is that he doesn't think that he will be able to afford the doublewide and might have to purchase a single wide instead. Board member Coplan asked if the board has to have a description of the mobile home for the variance. Mr. Narvaez stated that he would like to get the approval for the single wide mobile home now because he doesn't think he will have the resources to buy a double wide home now. He said that he doesn't have a specific home in mind right now. Mrs. Pokrant stated that what we have done in the past is that if the board approves a single wide or approves a double wide home then the applicant can be interchange the house but only for the same type of home that was approved. She stated that because it was advertised as a double wide the board needs to approve for a double wide home. If they would like to have a single wide home then it would need to be advertised as such. Board member Alatorre asked if the City already did a review to ensure that the home would fit on the lot with the setbacks. Mrs. Pokrant stated that the mobile home he was going to move was a new mobile home so we didn't have the
inspector review it. The city staff didn't look yet at a site plan for the property, this would be done at the permitting stage. There was further discussion on the regulations. Board member Sotelo asked if they could table the item so that it could be amended for a single wide. Mrs. Pokrant stated that if the item was tabled then the applicant or the city would have to pay for the item to be advertised again. Board member Coplan stated that the only thing they could approve is a double wide home. If the applicant finds a single wide then he can apply again, but he recommends that the board move forward with consideration of the double wide home so he wouldn't have to come back to the board. There was further discussion of the request. Board member Weston stated that he doesn't understand why it would matter if they approved a single wide or a double wide mobile home. He further said that they are approving a mobile home it shouldn't matter which one he chooses. Is was requested by the board that staff check with the City Attorney to see if it matters that the advertisement was for a doublewide. Could their approval just be for a mobile home? Board member Coplan asked what kind of mobile homes are in the area? Mrs. Pokrant said that there are other single wide mobile homes in the area. Board member Weston informed the applicant that he is still at risk of buying a mobile that doesn't meet city standards if he doesn't get with the city first. Board member Alatorre asked if the city has a list of requirements that the applicant can use to ensure compliance. Mrs. Pokrant explained that the building inspectors will go out to look at a home that he is interested in purchasing so he will know if anything needs to be brought up to code prior to the final sale. 3. Appeal # 15-04 Rogelio Vasquez is requesting a variance in relation to side street yard and lot coverage
requirements in an R-S Zoning District. Property Description: Lot A, Block 29, First Railroad Addition (310 West 5 th St.). Mr. Lozano and Mr. Vasquez explained the request and spoke in favor of the request. Board member Coplan stated that he was familiar with the area and asked a few other questions about all of the proposed construction on the property. Board member Weston and Alatorre asked what the city requirement would be for the lot coverage. Mrs. Pokrant explained the regulation and information on the applicants lot coverage with the proposed project. There was further discussion on the request. Board member Weston asked for clarification of the side yard setback. Mrs. Pokrant explained the side yard requirements as they pertain to a side yard along a street. 4. Appeal # 15-05 Armando Delgado is requesting a Special Permit to place a singlewide mobile home to be used as a residence in an R-S-O Zoning District. Property Description: Lot 10, Block 60, Blum Addition (819 East Morin). Mrs. Delgado spoke in favor of his request. Board member Coplan discussed the letters that were turned in for the item Board member Weston asked if the Building Official already looked at the mobile home. Mrs. Perez confirmed that the Building Official has already gone out to look at the mobile home. 5. Appeal # 15-06 Dolores S. Salazar, Representing Preston D. Snelling is requesting a Special Permit to place a singlewide mobile home to be used as a residence and a variance in relation to front yard requirements in an R-S-O Zoning District. Property Description: Lot 7, Block G, Barton s Second Addition (303 Ramon). Ms. Salazar spoke in favor of her request. Board member Coplan asked if the mobile home she is
requesting fits on the lot Mrs. Pokrant stated that the applicant is asking for a front yard variance with this request as the front yard would be the only setback requirement she would not be able to meet. 6. Appeal # 15-07 Jose D. Dominguez, Jr. & Delia Dominguez are requesting a Special Permit to place a singlewide mobile home to be used as a residence in an R-S- O Zoning District. Property Description: Lot SE 1/4, Block B, S-5-O Addition (314 Noriega). Ms. Dominguez spoke in favor of her request. Board member Coplan asked if they own the lot and mobile home. The applicant confirmed they own both. Board member Coplan discussed the letters that were sent in regarding the request. 6. OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS) 7. Appeal # 15-03 Adolfo Narvaez, Representing Ana Narvaez is requesting a Special Permit to place a doublewide mobile home to be used as a residence in an R- S-O Zoning District. Property Description: Lot 19, Block 51, Blum Addition (816 East Morin). Mrs. Pokrant presented the staff report and recommendation. Board member Weston asked if the property has been cleaned and is compliance Mrs. Pokrant stated that a lot has been cleaned but still needs some work. Board member Coplan confirmed that the applicant understood that the remaining storage needs to be cleaned up. He also discussed the letters that were turned in for the request.
Motion by Boardmember Raul Alatorre, seconded by Alternate Member Tony Sotelo AYE: Boardmember Michael Coplan Boardmember Raul Alatorre Boardmember Bryan Weston Alternate Member Tony Sotelo Alternate Member Dennis Smith 8. Appeal # 15-04 Rogelio Vasquez is requesting a variance in relation to side street yard and lot coverage requirements in an R-S Zoning District. Property Description: Lot A, Block 29, First Railroad Addition (310 West 5 th St.). Mrs. Pokrant presented the staff report and recommendation. Board member Alatorre asked Mrs. Pokrant to list the standards that were not met by the request. Mrs. Pokrant read out the standards not met. Board member Coplan asked for clarification on the staff recommendation and the standards. There was further discussion by board members and Mrs. Pokrant on this matter. Motion by Alternate Member Dennis Smith, seconded by Boardmember Raul Alatorre AYE: Boardmember Michael Coplan Boardmember Raul Alatorre Boardmember Bryan Weston Alternate Member Tony Sotelo Alternate Member Dennis Smith
9. Appeal # 15-05 Armando Delgado is requesting a Special Permit to place a singlewide mobile home to be used as a residence in an R-S-O Zoning District. Property Description: Lot 10, Block 60, Blum Addition (819 East Morin). Mrs. Pokrant presented the staff report and recommendation. Motion by Boardmember Raul Alatorre, seconded by Boardmember Bryan Weston AYE: Boardmember Michael Coplan Boardmember Raul Alatorre Boardmember Bryan Weston Alternate Member Tony Sotelo Alternate Member Dennis Smith 10. Appeal # 15-06 Dolores S. Salazar, Representing Preston D. Snelling is requesting a Special Permit to place a singlewide mobile home to be used as a residence and a variance in relation to front yard requirements in an R-S-O Zoning District. Property Description: Lot 7, Block G, Barton s Second Addition (303 Ramon). Mrs. Pokrant presented the staff report and recommendation. Board member Coplan stated that this is consistent with what we have discussed before. Mrs. Pokrant confirmed that staff is trying to be consistent to ensure that there are other mobile homes in the area and that the requests for mobile homes will not change the character of the area.
Motion by Alternate Member Dennis Smith, seconded by Boardmember Raul Alatorre. Motioned Failed, Board of Adjustment Items need 4 votes to be approved. AYE: NAY: Boardmember Michael Coplan Boardmember Raul Alatorre Alternate Member Dennis Smith Boardmember Bryan Weston Alternate Member Tony Sotelo 11. Appeal # 15-07 Jose D. Dominguez, Jr. & Delia Dominguez are requesting a Special Permit to place a singlewide mobile home to be used as a residence in an R-S- O Zoning District. Property Description: Lot SE 1/4, Block B, S-5-O Addition (314 Noriega). Mrs. Pokrant presented the staff report and recommendation. Motion by Boardmember Raul Alatorre, seconded by Alternate Member Tony Sotelo AYE: Boardmember Michael Coplan Boardmember Raul Alatorre Boardmember Bryan Weston Alternate Member Tony Sotelo Alternate Member Dennis Smith 7. ADJOURNMENT The meeting was adjourned at 6:18 p.m.
Board of Adjustment 5. a. Meeting Date: 05/18/2015 Submitted By: Janice Pokrant, Engineering Department Information SUBJECT: Conduct a Public Hearing and Consider a Request for Appeal # 15-08 by Dan Peterson is requesting a Special Permit to place an Off-Premise Sign in a C-2-B Zoning District. Property Description: Lot Pt 6, Block 5, Range 3/5 North Del Rio (111 East Garfield). BACKGROUND: Location: 111 E. Garfield Lot Size: 8408 square feet or 0.19 acres Zoning History: No appeal has been received on this property in the last six months for this property Application/Regulations: Chapter 32, Table B Sign Use Zoning Type District Allowed Allowed Max Area Max Height Min Spacing Number Allowed Special Conditions Off-Premise C-2 FS/P 672 60 3,000 1 Subject to Approval of a Special Permit ADJACENT LAND USES Direction / Zoning / Land Use North / C-2-B / Commercial Businesses South / C-2-B / Commercial Businesses East / C-2-B / Commercial Businesses West / C-2-B / Commercial Businesses NOTIFICATIONS Property Owner Notices Mailed: 325 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date Flood Plain Clearance: This lot is not located in the FEMA designated flood prone area. Traffic Impact: Significant traffic impact is not anticipated with this request
DISCUSSION: The applicant would like to place an off-premise sign being a 30' tall and 200 square feet in size along his property off of Cactus Street in the downtown area. The current sign ordinance requires any new off-premise sign to obtain a special permit for the sign to be installed. The other requirements listed in the ordinance is that the sign must be 3,000 feet away from another off-premise sign on the same side of the street and can be no larger than 672 square feet. This request meets all of the requirements in the code as there are no other off-premise signs located in the down town area. PROS: Approving this special permit will allow for an additional investment in the downtown area. CONS: Approving this requested variance will allow for a off-premise sign in an area that doesn't have any other off-premise signs. RECOMMENDATION: Staff recommends denial of a 30' off-premise sign at this location. There are no other off-premise signs in the downtown area or other 30' free standing signs. We feel a 30' free standing off-premise sign will change the character of the downtown area. Appeal 15-08 App Package Attachments
Board of Adjustment 5. b. Meeting Date: 05/18/2015 Submitted By: Janice Pokrant, Engineering Department Information SUBJECT: Conduct a Public Hearing and Consider a Request for Appeal # 15-09 Maria Araceli Kiesel is requesting a variance in relation to front yard and lot coverage requirements in an R-S Zoning District. Property Description: Lot E 10 of 20 all of 21, Block A, Highland Park Addition (148 Northill Drive). BACKGROUND: Applicant: Maria Araceli Kiesel Requested Action: Requesting a variance to the front yard and lot coverage requirements in an R-S Zoning District PROPERTY INFORMATION Location: 148 Northill Drive Lot Size: 85' x 120' Zoning History: No appeal has been received on this property in the last six months for this property Application/Regulations: Chapter 30, Article V, Section 30-53, (a) Side yard and rear yard. No structure shall be closer to a side or rear lot line than seven (7) feet or a distance equal to forty (40) per cent of the height of the structure, whichever distance shall be the greater. A detached accessory building may be located within three (3) feet of the rear lot line, provided that the rear lot line is also a right-of-way line for a public alley or a public or utility easement which easement shall have a width of not less than ten (10) feet. Lot coverage. No more than forty (40) per cent of the total area of a lot shall be covered by structures. Structures include all buildings, principal and accessory, sheds and shelters. ADJACENT LAND USES Direction / Zoning / Land Use North / R-220 / Vacant land and single family dwelling South / R-S / Single Family dwellings East / R-S / City Park and vacant land West / R-S / Single Family dwellings NOTIFICATIONS Property Owner Notices Mailed: 14 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date
Flood Plain Clearance: This lot is not located in the FEMA designated flood prone area. Traffic Impact: Significant traffic impact is not anticipated with this request DISCUSSION: This request meets numbers 3, 5, 6, & 7 of the standards for granting an approval of a variance as listed below from the City of Del Rio Code of Ordinances. Chapter 7, Boards and Commissions Sec 7-238. - Same Standards. No application for variance shall be granted unless the board of adjustment find the existence of each of the following: 1. That special conditions and circumstances exist which are particular to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district; 2. That a literal interpretation of the provisions of the zoning regulations would deprive the applicant of the rights commonly enjoyed by the other property owners in the same district under the terms of said zoning regulations; 3. That the special conditions and circumstances do not result from the actions of the applicant; 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other land, structures, or buildings in the same district; 5. That the reasons set forth in the application justify the granting of the variance; 6. That the variance is the minimum variance that will make possible the reasonable use of the land, building or structure; 7. That the granting of the variance will be in harmony with the general purpose and intent of the zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (Ord. No. 82-44, 3, 12-14-82) PROS: Approving the variance will allow the owner to make an improvement to their property. CONS: Approving this requesting will not be in compliance with the City Municipal Code as it doesn't meet all of the standards listed in the ordinance. RECOMMENDATION: Staff recommends denial because it doesn't meet all of the standards listed in the ordinance. Appeal 15-09 App Packet Attachments
Board of Adjustment 5. c. Meeting Date: 05/18/2015 Submitted By: Janice Pokrant, Engineering Department Information SUBJECT: Conduct a Public Hearing and Consider a Request for Appeal # 15-10 Juan and Juanita Sandoval are requesting a variance in relation to front yard requirements in an R-S Zoning District. Property Description: Lots 2 & 3, Block 30, San Felipe Heights Addition (1004 Plaza Avenue). BACKGROUND: Applicant: Juan an Juanita Sandoval Requested Action: Requesting a variance to the front yard requirements in an R-S Zoning District PROPERTY INFORMATION Location: 1004 Plaza Avenue Lot Size: 100' x 165' Zoning History: No appeal has been received on this property in the last six months for this property Application/Regulations: Chapter 30, Article V, Section 30-53, (a) Side yard and rear yard. No structure shall be closer to a side or rear lot line than seven (7) feet or a distance equal to forty (40) per cent of the height of the structure, whichever distance shall be the greater. A detached accessory building may be located within three (3) feet of the rear lot line, provided that the rear lot line is also a right-of-way line for a public alley or a public or utility easement which easement shall have a width of not less than ten (10) feet. ADJACENT LAND USES Direction / Zoning / Land Use North / R-S / Single family dwellings South / R-S / Single Family dwellings East / R-S / Single Family dwellings West / R-S / Single Family dwellings NOTIFICATIONS Property Owner Notices Mailed: 24 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date Flood Plain Clearance: This lot is not located in the FEMA designated flood prone area. Traffic Impact: Significant traffic impact is not anticipated with this request
DISCUSSION: This request meets numbers 3, 5, 6, & 7 of the standards for granting an approval of a variance as listed below from the City of Del Rio Code of Ordinances. Chapter 7, Boards and Commissions Sec 7-238. - Same Standards. No application for variance shall be granted unless the board of adjustment find the existence of each of the following: 1. That special conditions and circumstances exist which are particular to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district; 2. That a literal interpretation of the provisions of the zoning regulations would deprive the applicant of the rights commonly enjoyed by the other property owners in the same district under the terms of said zoning regulations; 3. That the special conditions and circumstances do not result from the actions of the applicant; 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other land, structures, or buildings in the same district; 5. That the reasons set forth in the application justify the granting of the variance; 6. That the variance is the minimum variance that will make possible the reasonable use of the land, building or structure; 7. That the granting of the variance will be in harmony with the general purpose and intent of the zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (Ord. No. 82-44, 3, 12-14-82) PROS: Approving the variance will allow the owner to make an improvement to their property. CONS: Approving this requesting will not be in compliance with the City Municipal Code as it doesn't meet all of the standards listed in the ordinance. RECOMMENDATION: Staff recommends denial because it doesn't meet all of the standards listed in the ordinance. Appeal 15-10 App Packet Attachments