Board of Adjustment

THE STATE OF TEXAS § CITY OF BROWNSVILLE § COUNTY OF CAMERON § MINUTES of a Regular Meeting of Board of Adjustment of the City of Brownsville, Texas, held in the Commission Chambers, on the Second Floor of the Brownsville City Hall – Old Federal Building, located at 1001 East Elizabeth Street, Brownsville, Cameron County, Texas, on Wednesday, April 3, 2019 at 5:30 P.M. with the following members present: PRESENT: ROY DE LOS SANTOS CHAIRMAN HOWARD SLACKMAN VICE CHAIRMAN DILLON VANDERFORD BOARD MEMBER JOHN KINCH BOARD MEMBER MARTIN METZGER ALTERNATE BOARD MEMBER OMAR OCHOA BUILDING OFFICIAL MYRNA LEAL PLANNER I JENNIFER AVENDAÑO ASSISTANT CITY ATTORNEY ANA HERNANDEZ PLANNING & DEVELOPMENT SERVICES ASSISTANT DIRECTOR ABSENT: MARY ALICE LOYA BOARD MEMBER CONSTANZA MINER PLANNING & DEVELOPMENT SERVICES DIRECTOR ******************** A quorum being present, Chairman Roy De Los Santos called the meeting to order at 5:30 PM. Item No. 1: Approval of minutes for the meeting of January 2, 2019 and February 8, 2019. Board Member Howard Slackman made a motion to approve the minutes with corrections for the meeting of January 2, 2019; the motion was seconded by Board Member Dillon Vanderford and unanimously carried. Board Member Howard Slackman made a motion to approve the minutes with corrections for the meeting of February 8, 2019; the motion was seconded by Board Member Dillon Vanderford and unanimously carried. Minutes for April 3, 2019 - Page 1 of 4 Item No. 2: Public Hearing and Action to consider a variance from Chapter 348, Article V, Sec. 348-787.- Yards, to allow a 2.9’ side yard encroachment for a building at Lot 5, Block 8, Rio Del Sol Subdivision, located at 5176 Killian Ave., as requested by Juan and Ana Cecilia Peña. Mr. Omar Ochoa, Building Official, presented on the variance request and stated that the Planning and Development Services Department does not support the variance request. Chairman Roy De Los Santos asked why the property owner, who had visited the Planning and Development Services Department multiple times since 2015, had not been able to receive a permit. Mr. Omar Ochoa stated that due to the proposed structure and due to its lack of compliance a permit was not given. Mr. Enrique Peña, representative for the property owners, stated that they are asking for the variance in order to come into compliance and that his clients have invested quite a bit of money into the structure. The property owners understand that there is no hardship except a financial one. Ms. Renee Sanchez, representative for Jose Armando Gutierrez the neighbor of the property owner, approached the Board and presented them with a PowerPoint presentation and began to run through the structure’s history. Ms. Sanchez, states that her client has reported the structure various times and they are worried about possible safety issues. Board Member Howard Slackman moved to close public hearing, motion was seconded by Board Member Martin Metzger; motion carried unanimously. Board Member Howard Slackman motioned to deny the variance request to allow a 2.9’ side yard encroachment for a building. The motion was seconded by Board Member John Kinch; and carried unanimously. Item No. 3: Public Hearing and Action to consider a variance from Chapter 348, Article V, Sec. 348-748.- Rear Yard, to allow a 21.9’ rear yard encroachment for an existing pergola at Lot 1, Block 1, Brownsville Country Club Subdivision, located at 815 E. San Marcelo Blvd., as requested by David Guest and Erica Duarte Guest. Mr. Omar Ochoa, Building Official, presented on the variance request and stated that the Planning and Development Services Department does not support the variance request. Chairman Roy De Los Santos asked staff what the difference would be between a variance request and rezoning. Mr. Omar Ochoa, Building Official, stated that the cost is the same but the time and process would take longer, staff believes that rezoning is a better approach. Minutes for April 3, 2019 - Page 2 of 4  Board Member John Kinch questioned what the definition of a pergola is because it appears that the structure is attached to the main building. Mr. Omar Ochoa stated that the structure is not attached to the building but it is very close. Mr. David Guest, property owner, approached the Board and stated that he is familiar with permits, setbacks, and the permitting process but he was under the impression that the crew he hired to build the pergola had gotten permits to build the structure. Mr. Guest also states that the construction of the pergola is for an unusual hardship that comes with living on the perimeter of a golf course, over the years he has had to replace multiple windows, he and his family have almost been hit by flying golf balls, and he believes that building this structure is another way for him to protect not only his home but his family. Discussion ensued regarding the neighbors pergola. Chairman Roy De Los Santos questioned staff what their stance would have been if they applicant had chosen to take the rezoning route. Mr. Omar Ochoa, Building Official, stated that the Planning and Development Services Department would have supported the rezoning application when presented to the Planning and Zoning Commission. Board Member John Kinch moved to close public hearing, motion was seconded by Board Member Martin Metzger; motion carried unanimously. Chairman Roy De Los Santos stated that he believes that Mr. Guest has revealed his hardship due to the property owner having the right to make use of their property but they also have the right to mitigate potential dangers. Board Member John Kinch motioned to approve the variance request to allow a 21.9’ rear yard encroachment for an existing pergola. Board Member Martin Metzger seconded the motion and carried unanimously. Adjournment: Board Member John Kinch motioned to adjourn, motion seconded by Board Member Howard Slackman; and carried unanimously. Meeting adjourned at 6:08 pm. Approved this day of , 2019. ___________________________________ Roy De Los Santos Chairman Minutes for April 3, 2019 - Page 3 of 4 Attest: __________________________________ Myrna Leal Planner I Respectfully submitted by: Myrna Leal, Planner I Planning and Development Services Department Minutes for April 3, 2019 - Page 4 of 4