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HomeMy WebLinkAbout7-1-99 BA MinutesI� l A meeting:of the Board of Adjustment was held on July '1, 1999 at 3:00 p.m. with the following members present: Board Member Bob Harris Board Member Mary Jowers Board Member Alvin Cook Board Member Lynn DeMary -Alternate Member Ed Orr Alternate Member Georgine Guiliory Board Members absent: Board Member Dohn LaBiche Alternate Member Lamar Roach Alternate Member Joe Ashy Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; 'Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; and Jill Cole, Recording Secretary Regarding the minutes of the June 10, 1999, Special Called Meeting, Board Member DeMary asked Mr. Cooper if, in his opinion, the last paragraph (Pages 8 and 9) containing the comments of the last witness was sufficient for the purposes of defending the Board's actions in court. Mr. Cooper said that the ten day appeal time had already expired and no appeal had been filed in court. Board Member DeMary also addressed Page 6 of the June 10, 1999 minutes. He wanted his comments regarding traffic patterns added either before or after the paragraph of Ms. Thomas and Ms. Patterson discussing the park issue. Mr. DeMary questioned whether the traffic speeds and destinations of drivers on Avenue A, a thoroughfare, were a significant factor in their request and they agreed that those factors were very important in their request. BOARD OF ADJUSTMENT July 1. 1999 Board Member Cook made a motion to approve the minutes of the dune 3, 1999 Board of Adjustment Meeting and the June .10, 1999 Speeial Called Meeting minutes with corrections. Board Member Jowers seconded the motion. Motion to approve carried 5:0 . Board Member DeMary announced that Georgine Guillory was present. Board Member Harris welcomed Ms. Guillory as the newest member of the Board. PUBLIC HEARiN = 1) File 427-BA: A request for a special exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement, i. e., 20 feet. Location: Southeast corner of North Street and 11th Street Applicant: Southeast Texas Cardiology Associates 11, L.L.P. Mr. Richardson told the Board that the request for a special exception from the front yard setback requirement for a proposed building is next to an existing building at 2693 North Street. Southeast Texas Cardiology Associates II, L.L.P. owns the building at 2693 North. The building was constructed prior to 1981, before there were any building setback requirements for a commercial building which is why it does not meet the required 20' setback. The building is 12' back from the property line. The company now wishes to construct a new medical office building next door and to the west on two vacant lots that are at the southeast corner of North and I Ith Street. The property is zoned GC -MD. A 20' setback would normally be required; however the Zoning Ordinance does allow for special exceptions to the front yard setback when the actual front yard setback on an abutting lot does not meet the required setback. In this particular situation, there is a building that is sitting only 12' from the property line and it is immediately abutting to the east, so this would allow a special exception to be granted. The applicant must show to the Board that the special exception will not adversely'affect the value and use of adjacent or neighboring properties or be contrary to public interest. BOARD OF ADJUSTMENT MY 1.1999 Thirteen notices were mailed to property owners within 200 feet. Three responses in opposition and none in favor were returned to staff.` Slides of the.subject property were shown. Staff answered questions from the Board regarding setback regulations and zoning of the subject property. Board Member Harris, acting as Chairman, opened the public hearing and asked for the applicant's comments. Mr. Tom Mattusch; Administrative Director for Southeast Texas Cardiology Associates II, L.L.P., the applicant, addressed the Board. He said that they are overcrowded in their present building -and since they own the adjacent lot, the modular building would be the quickest way to accommodate their patients: . The building was previously owned by Parkview Hospital as their administrative headquarters and has mansard overhangs and concrete siding, so once it -is finished, it won't look like a temporary building. In response to Board Member DeMary, Mr. Mattusch said they will hire a few more people to staff the new building. Mr. Mattusch also said that it will be one continuous parking lot all the way around the south part of the property. The buildings will be connected at the rear by an enclosed hallway complete with ramps. The buildings will be approximately six feet apart Discussion between staff and the Board followed regarding the differences between variances and special exceptions. Board Member Harris asked for comments in favor or in opposition. Robert Lane, 2671 North Street, addressed the Board in opposition to the request. He voiced concerns that the expansion will lower his property value. He also said that he is constantly picking up trash in his yard as a result of the clinic and feels that it will be worse with the expansion. He answered questions from the Board. Further discussion followed regarding distance between buildings, appearance of the buildings and location of subject property in relation to the Oaks Historic District. Board Member Hams closed the public hearing. Discussion between the Board members followed. 3 HOARD OF ADNSTM NT July 1. 1999 Board Member Jowers made a motion to approve the special exception from the front yard requirements as requested in File 427-BA:: Board Member Cook seconded the motion. The vote on the motion to approve File 427-BAfollows: Board Member Harris - Yes ":Board Member Jowers - Yes Board Member Cook - Yes Board Member DeMary - Yes Board Member Orr - Yes The motion to approve carried 5:0. �11161IDI;a:11iyI:IxX� THERE BEING NO lFURTSER BUSINESS, THE MEETING WAS ADJOURNED. 4