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HomeMy WebLinkAbout1-3-19 BAminutes * M I N U T E S * BOARD OF ADJUSTMENT January 3, 2019 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on January 3, 2019 and called to order at 3:02 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Alternate Board Member Tom Rowe Alternate Board Member Lee Smith Board Members absent: Board Member Joey Hilliard Alternate Board Member Christy Amuny Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary, Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board member Beaver made a motion to approve the minutes for December 6, 2018. Alternate Board member Smith seconded the motion. Motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 730-BA: Consider a request for a Variance to the minimum required setback from Residential zoning for a cell tower, from 200’ to 0’ and a Variance to the minimum side setback requirement from 20’ to 2’. Applicant: Eco-Site II, L.L.C. Location: 5250 Helbig Road Mrs. Josey presented the staff report. Eco-Site II, L.L.C. is requesting a variance to Section 28.04.008 Special Conditions, of the Zoning Ordinance which states, “Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the residential zoning district shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest residential district boundary.” Jamie Miller, agent for Eco-Site II, states that the only available location, to serve the needed area, is at 5250 Helbig Rd. This property was rezoned to GC-MD-2 (General Commercial- Multiple Family Dwelling-2), as part of a rezoning study earlier this year. Last month the property received a Specific Use Permit for a cell tower, contingent on a variance to the 200’, BOARD OF ADJUSTMENT January 3, 2019 RS (Residential-Single Family Dwelling) zoning setback requirement. There is a church currently located on the property. The applicant was asked to situate the tower on the property so as to accommodate the 200’ setback. The church hopes to grow and expand in the future, and was unwilling to locate the tower closer to existing buildings. The proposed location for the tower is 0’ from RS zoned property. The applicant states that this location was chosen so the tower would blend with the neighboring electrical substation and that this new 100’ tall monopole tower would be located approximately 25’ from the nearest residence. In addition, the applicant would like to place the equipment cabinets for the tower 2’ from the northernmost side property line. The minimum required side yard in GC-MD-2 is 20’. Relocating these cabinets in the plans submitted would require a change in the footprint of the cell tower lease site and legal description and therefore an amendment to the Specific Use Permit. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Slides of the subject property were shown. Eighteen (18) notices were mailed. None were received in favor or in opposition. Mr. Bebb Francis, Attorney representing Eco-Site II, L.L.C37., 112 E. Pecan, San Antonio, Texas, addressed the Commission. Mike Trout, a radio frequency engineer for T. Mobile accompanied Mr. Francis as well. Mr. Francis gave a brief presentation and slideshow. Mr. Trout addressed the Commission. Discussion followed between Chairman Timaeus and Mr. Trout. Mr. Francis stated that T-Mobile is leasing the tower site for thirty years from the church. The Commission held a discussion amongst themselves. Alternate Board Member Rowe made a motion to approve the request for a Variance to the minimum required setback from residential zoning for a cell tower, from 200’ to 0’, and a Variance to the minimum side setback requirement from 20’ to 2’ for equipment cabinets on the northernmost property line as requested for File 730-BA. Alternate Board Member Smith seconded the motion. Motion to approve carried 4:0. 2) File 734-BA: Consider a request for a Special Exception to reduce off-street parking requirements from the required 46 spaces to 30 spaces. Applicant: James Kirk Farrelly of Capital Growth Buchalter, Inc. Location: 2170 South Major Drive Mrs. Josey presented the staff report. James Kirk Farrelly of Capital Growth Buchalter, Inc. has requested a special exception to waive off-street parking requirements for a proposed Dollar General, to be located at 2170 South Major Drive. Special exception (c.) allows a waiver to off-street parking when the Board finds the same is 2 BOARD OF ADJUSTMENT January 3, 2019 unnecessary for the proposed use of the building for which the request applies. On December 17, 2018, a recommendation to approve an SUP (Specific Use Permit) for a general merchandise store at this property was suggested by the Planning Commission. One condition of the SUP is approval of a Special Exception for reduced off-street parking at this location. A 9,100 square foot general merchandise store should require 46 parking spaces. However, the proposed Dollar General has 30 parking spaces incorporated into the submitted site plan according to the applicant; research across the United States has demonstrated that these 30 parking spaces will be more than sufficient for the expected customer and employee traffic. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Slides of the subject property were shown. Nineteen (19) notices were mailed to property owners within 200 feet of the subject property. Two responses were received in favor and none in opposition. A brief discussion followed between Mrs. Josey and Chairman Timaeus. Aaron Brown, Representative and Project Manager for Capital Growth Buchalter addressed the Commission. Mr. Brown stated he had a letter from Dollar General stating that thirty (30) parking spaces would be sufficient. During peak hours, he stated that it would be approximately five to seven customers at the most. The Commission held a discussion amongst themselves. Chairman Timaeus questioned presiding Attorney Tyrone Cooper for the definition of a Special Exception. Alternate Board Member Smith made a motion to approve the request for a Special Exception to reduce off-street parking requirements from the required 46 parking spaces to 30 parking spaces as requested for File 734-BA. Board Member Beaver seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:20 p.m. 3