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, June 5, 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 MARY ALICE LOYA BOARD MEMBER JOHN KINCH BOARD MEMBER OMAR OCHOA BUILDING OFFICIAL MYRNA LEAL PLANNER I JENNIFER AVENDAÑO ASSISTANT CITY ATTORNEY ANA HERNANDEZ PLANNING & DEVELOPMENT SERVICES ASSISTANT DIRECTOR ABSENT: CONSTANZA MINER PLANNING & DEVELOPMENT SERVICES DIRECTOR ******************** A quorum being present, Chairman Roy De Los Santos called the meeting to order at 5:30 PM. For record keeping purposes and for the public’s understanding Chairman Roy De Los Santos noted that Board Member Mary Alice Loya, due to ambulatory restrictions, would be seated at the City Attorney’s station but is still a voting member of the Board of Adjustment. Item No. 1: Approval of minutes for the meeting of May 1, 2019. Board Member Howard Slackman made a motion to table the minutes with corrections for the meeting of April 3, 2019; the motion was seconded by Board Member Dillon Vanderford and unanimously carried. Page 1 of 6 Item No. 2: Public Hearing and Action to consider a variance from Chapter 348, Article V, Sec. 348-750.- Lot Width, to allow a 39.45’ wide residential lot at Lot 8, Block 11, Garden Park Subdivision, located at 375 Garden Street, as requested by Maria G. De Leon and Eduardo De Leon. Mr. Omar Ochoa, Building Official, presented on the variance request and stated that the Planning and Development Services Department has no objections to the granting of the variance because the property exceeds the minimum lot size requirements for both a single family dwelling unit and a two family dwelling. Mr. Eduardo De Leon, property owner, approached the Board and stated that he wanted to clarify that he misunderstood the survey and did not mean to mislead the original application when the case was first heard in May 2019. Chairman Roy De Los Santos told Mr. De Leon that he did not believe anyone felt that the applicant purposely misled the Board and that it was simply a mistake. Board Member John Kinch moved to closed public hearing, motion was seconded by Board Member Dillon Vanderford; motion carried unanimously. Board Member Dillon Vanderford motioned to approve the variance to allow a 39.45’ wide residential lot. Board Member John Kinch seconded the motion and carried unanimously. Item No. 3: Public Hearing and Action to consider a variance from Chapter 348, Article V, Sec. 348-751.- Lot Area, to allow a 4,500 square foot lot area at Lots 3 & 4, Block 1, Frontier Addition, located at 353 Granjeno Street, as requested by Melinda Mendoza. Mr. Omar Ochoa, Building Official, presented on the variance request and stated that the Planning and Development Services Department had no objections to allow a 4,500 square foot lot area because the property is a legally platted lot that does not meet the area district requirements. Mr. Ramiro Lerma Jr., neighbor to the property, approached the Board and wanted to voice his concern about apartments being built within the neighborhood. Ms. Myrna Leal, Planner I, clarified that the property owner has applied for a single family residence and not apartments; apartments would not be allowed on that property. Mr. Ramiro Lerma Jr., neighbor to the property, stated that he had no issue to a single family home being built. Board Member John Kinch moved to close public hearing, motion was seconded by Board Member Dillon Vanderford; motion carried unanimously. Page 2 of 6  Chairman Roy De Los Santos states that because the lots were legally platted he believes the Board has grounds to grant the variance. An audience member began asking questions and stating that she has an issue with the property. Ms. Myrna Leal, Planner I, stepped into the audience seating area and assisted the member of the public. Board Member Howard Slackman motioned to approve the variance to allow a 4,500 square foot lot area. Board Member John Kinch seconded the motion and carried unanimously. Item No 4: Public Hearing and Action to consider a variance from Chapter 348, Article VII, Sec. 348-1381.- Off-Street Parking, to reduce the required 12 parking spaces by 2 for Lot 21, Block 10, Rose Garden Subdivision No. 2, located at 4105 Old Highway 77, as requested by Renan G. Evia. Mr. Omar Ochoa, Building Official, presented on the variance request and stated that Planning and Development Services does not support the variance request to reduce the required 12 parking spaces by 2. Mr. Renan G. Evia, property representative, approached the Board and stated that due to the GMS trash receptacle requirements he has been unable to accommodate the required parking spaces. He expressed that they are trying to better the neighborhood by building a better quality apartment that is larger in size than what is found in the surrounding area. Chairman Roy De Los Santos asked the Board if they understood what Mr. Evia had said and translated for the Board. Board Member Howard Slackman asked Mr. Omar Ochoa to review other options for the applicant. Chairman Roy De Los Santos reiterated the options Mr. Ochoa had mentioned; either reduce the number of total units or reducing the square footage of each unit allowing more space on the property. Chairman Roy De Los Santos asked Mr. Evia in Spanish what the hardship would be if the variance is not granted. Mr. Renan Evia responded to Chairman Roy De Los Santos by stating that the hardship would be not being able to build the proposed project after multiple attempts at redesigning; Mr. Renan Evia stated that is the reason why he has come before the Board of Adjustment to request the variance. Board Member Howard Slackman moved to close public hearing, motion was seconded by Board Member John Kinch; motion carried unanimously. Page 3 of 6  Board Member Howard Slackman stated that this is an unfortunate problem but it is not a hardship. Board Member Howard Slackman motioned to deny the variance to reduce the required 12 parking spaces by 2. Board Member Dillon Vanderford seconded the motion and carried unanimously. Item No 5: Discussion & Possible Action to approve the request for Planning and Development Services Department staff to provide video recordings of properties brought before the Board of Adjustment. Board Member Howard Slackman stated that he met with City Attorney Mr. Rene De Coss to discuss on-site visits and how the City of Brownsville and the Board of Adjustment Rules of Procedure no longer allow them. Board Member Howard Slackman stated that Mr. Rene De Coss, City Attorney, suggested as an alternative that Planning and Development Services Staff video record all properties in order to properly depict all variance, special exceptions, and appeals brought before the Board of Adjustment. Board Member Howard Slackman, based on Mr. De Coss’ recommendations, made a motion to the Board of Adjustment to request that staff video record all properties beginning with the September 2019 meeting. Board Member John Kinch seconded the motion. Ms. Myrna Leal, Planner I, recommended that the date be pushed back to October 2019 in order for the Planning and Development Services Department be prepared in regarding to budgeting, equipment, training, and other things of that nature. Chairman Roy De Los Santos asked Board Member Howard Slackman if he was in agreeance with the time recommendation; Board Member Howard Slackman supported the October 2019 date. Board Member Howard Slackman amended his approval motion to reflect the October 2019 start date and that staff would be at liberty to use the most appropriate method of sharing information (Google Earth, video, photographs, etc.); Board Member John Kinch seconded the motion, motion carried unanimously. Item No 6: Approval on Second and Final Reading of Sections 4.6 Consideration of Evidence and 7.3 Amendment Procedure of the Rules of Procedure of the Board of Adjustment. Board Member Dillon Vanderford requested clarification that this would only be the second reason because they had previously approved the changes at the last Board of Adjustment meeting in May 2019. Page 4 of 6  Chairman Roy De Los Santos clarified that at the last Board of Adjustment meeting they voted to simply add this item to the agenda for tonight’s meeting. Board Member Dillon Vanderford moved to approve both amendments, motion was seconded by Board Member Mary Alice Loya. Board Member Howard Slackman stated his confusion in regarding to voting on a second and final reading. Mrs. Jennifer Avendano, Assistant City Attorney, clarified that voting is not necessary to vote in regard to the changing but it is necessary to approve what was approved at the previous meeting. Chairman Roy De Los Santos stated that he felt that the item was not approved at the last meeting and that the Board voted to add it to this month’s meeting. Ms. Myrna Leal, Planner I, read from the minutes of last month’s meeting to review what had been said at the meeting. Mrs. Jennifer Avendano, Assistant City Attorney, compared the second reading to the approval of minutes. Chairman Roy De Los Santos stated that the Board will reread the item tonight so that the entire Board will be aware of the language and confirm that that is the language that was approved last meeting. Chairman Roy De Los Santos read the amendments. The motion carried unanimously. Board Member Howard Slackman requested that Mrs. Jennifer Avendano submit clarification and a policy statement in writing to the Board. Adjournment: Board Member John Kinch moved to adjourn meeting, meeting adjourned at 6:21 pm. Approved this day of , 2019. ___________________________________ Page 5 of 6  Roy De Los Santos Chairman Attest: __________________________________ Myrna Leal Planner I Respectfully submitted by: Myrna Leal, Planner I Planning and Development Services Department Page 6 of 6