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, August 7, 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 MARIA ALICIA LOYA BOARD MEMBER DAWN WARRICK PLANNING & REDEVELOPMENT SERVICES INTERIM DIRECTOR ANA HERNANDEZ PLANNING & REDEVELOPMENT SERVICES ASSISTANT DIRECTOR OMAR OCHOA BUILDING OFFICIAL MYRNA LEAL PLANNER I JENNIFER AVENDAÑO ASSISTANT CITY ATTORNEY ERIKA ESPINOZA HELP DESK SPECIALIST ABSENT: IRIS L. DIAZ BOARD MEMBER ******************** A quorum being present, Chairman Roy De Los Santos called the meeting to order at 5:30 PM. Item No. 1: Oath of Office/ Statement of Appointment Board Member Maria Alicia Loya recited the oath of office and statement of appointment. Item No. 2: Approval of minutes for the meeting of August 7, 2019. Board Member Dillon Vanderford made a motion to approve the minutes for the meeting of August 7, 2019; the motion was seconded by Board Member Howard Slackman and unanimously carried. Page 1 of 6 Item No. 3: Public Hearing and Action on Case Number 2019-019-V: Public Hearing and Action to consider a variance from Chapter 348, Article V, Sec. 348-814.- Lot Width, to allow a 46.19’ wide residential lot at a 1.0 Acre Tract of land in Block 21, Chicago Gardens Subdivision, located at 5015 Bowie Road, as requested by Jessica Barrientos. Mr. Omar Ochoa, Building Official, presented on the variance request and stated that the Planning and Redevelopment Services Department supports granting the variance requested. Chairman Roy De Los Santos opened the public hearing. Ms. Jessica Barrientos, applicant, approached the Board and stated that she only wishes to build a home on the property and would like to request the Boards approval. Board Member Dillon Vanderford motioned to close public hearing; motion was seconded by Alternate Board Member Jose Hinojosa. Board Member Howard Slackman asked Mr. Omar Ochoa if there would be any issues with approving the variance request. Mr. Omar Ochoa stated that there would be no issue because the applicant had already submitted a site plan that was consistent with all setback requirements. Board Member Dillon Vanderford motioned to approve the variance request to allow a 46.19’ wide residential lot, the motion was seconded by Board Member Howard Slackman and carried unanimously. Item No. 4: Public Hearing and Action to consider a variance from Chapter 320, Article II.- Sidewalk Facilities, to exempt the property from ROW sidewalk along Abel Longoria Street, for Lot 10, Block 1, Abel Longoria Subdivision, located at 6960 Abel Longoria Street, as requested by Anuar Jobi. Mr. Omar Ochoa, Building Official, presented on the variance request and stated that the Planning and Redevelopment Services Department supports granting the variance requested. Chairman Roy De Los Santos opened the public hearing. Board Member Howard Slackman motioned to close public hearing; motion was seconded by Alternate Board Member Jose Hinojosa, and carried unanimously. Alternate Board Member Jose Hinojosa motioned to approve the variance request to exempt the property from ROW sidewalk so long as there are no curbs and gutters; motion was seconded by Board Member Dillon Vandeford, and carried unanimously. Page 2 of 6 Item No. 5: Public Hearing and Action on Case Number 2019-021-V: Public Hearing and Action to consider a variance from Chapter 320, Article II.- Sidewalk Facilities, to exempt the property from ROW sidewalk along N. Illinois Avenue, for Lot 4, Block 313, El Jardin Subdivision, located at 2980 N. Illinois Ave., as requested by Benjamin Garcia. Mr. Omar Ochoa, Building Official, presented on the variance request and stated that the Planning and Redevelopment Services Department supports granting the variance request. Chairman Roy De Los Santos opened the public hearing. Mr. Benjamin Garcia, representative for the applicant, stated that although they are in full support of sidewalks, the ditch along the right of way is the reason for the variance request. Board Member Dillon Vanderford motioned to close public hearing; motion was seconded by Board Member Maria Alicia Loya, and carried unanimously. Board Member Dillon Vandeford motioned to approve the variance request to exempt the property from ROW sidewalk so long as there are no curbs and gutters; motion was seconded by Alternate Board Member Jose Hinojosa, and carried unanimously. Item No. 6: Public Hearing and Action to consider a variance from Chapter 320, Article II.- Sidewalk Facilities, to exempt the property from ROW sidewalk along Caddell Road, for Lot 7, Northwood Subdivision, located at 5700 Caddell Road, as requested by Consuelo Barbosa Ramirez. Mr. Omar Ochoa, Building Official, presented on the variance request and stated that the Planning and Redevelopment Services Department supports granting the variance request. Chairman Roy De Los Santos opened the public hearing. Ms. Consuelo Barbosa Ramirez, applicant, addressed the Board and stated that she and her neighbors have been petitioning the City to repave their street and that she cannot build a sidewalk because there are large swales along the right of way. Ms. Terry Galvan, neighbor of the applicant, addressed the Board and wanted to reiterate what Ms. Barbosa Ramirez stated and although their subdivision was annexed to the city in 1997 they only received water 5 years ago and still do not have sewage. Ms. Galvan stated that she supports her neighbor’s variance request. Mr. Jose Armando Garza, neighbor of the applicant, and he also supports Ms. Barbosa Ramirez’s variance request. Board Member Howard Slackman motioned to close public hearing; motion was seconded by Board Member Dillon Vanderford, and carried unanimously. Page 3 of 6  Alternate Board Member Jose Hinojosa motioned to approve the variance request to exempt the property from ROW sidewalk so long as there are no curbs and gutters; motion was seconded by Board Member Howard Slackman, and carried unanimously. Item No. 7: Public Hearing and Action to consider a variance from Chapter 348, Article VII, Sec. 348-1531.- Signs and Billboards, to allow a pole sign at Lot 26 and parts of Lot 25, Brownsville Land & IMP CO Subdivision, located at 1215 Central Blvd., as requested by Larry Douglas Lighting & Sign. Mr. Omar Ochoa, Building Official, presented on the variance request. Discussion ensued to clarify what the word “contributing” means in regards to historical structures and signs. Mr. Ochoa continued with the presentation and stated that the Planning and Redevelopment Services Department does not support granting the variance request. Discussion ensued to clarify the limits of the Board of Adjustment and the Historic Preservation and Design Review Board. Chairman Roy De Los Santos opened the public hearing. Mr. Larry Douglas, applicant, approached the Board and stated that they are requesting the variance for a free and fair business opportunity as others that are located on the same block. Board Member Howard Slackman asked the applicant if the property owners knew of the limits of the property due to its location within the O11 overlay district. Mr. Larry Douglas, applicant, stated that he was unaware until he attempted to begin the application process. Mr. Douglas also states that he received an email informing him that he would be approved. Ms. Myrna Leal, Planner I, clarified that proper notification of any approvals or denials taken by the Board of Adjustment is presented to all applicants and property owners who have had items before the Board in the form of an official letter signed by the Building Official. Any item that goes against the Zoning chapter adopted codes and ordinances would not be approved without the consent of the Board of Adjustment. Mr. Larry Douglas, applicant, stated that there isn’t anything special within the area that would be reason to not allow a pole sign. Ms. Myrna Leal, Planner I, stated that the residential structure located directly behind the Dollar Tree is a contributing structure to the Historic O11 District. The Historic Preservation Officer along with the Historic Preservation and Design Review Board approved the construction Page 4 of 6 of the Dollar Tree but did require a 6 foot native vegetation buffer from the Dollar Tree property line. Mr. Manuel Loya, member of the public, wanted to clarify that there is a business located behind the Dollar Tree. Board Member Dillon Vanderford motioned to close public hearing; motion was seconded by Board Member Howard Slackman, and carried unanimously. Chairman Roy De Los Santos clarified that there is no height restrictions that are being presented. Mr. Omar Ochoa, Building Official, agreed. Chairman Roy De Los Santos stated that although he agrees that a boundary line needs to exist he believes that a unique condition exists for this property because of the fact that the O11 Overlay district has a peninsula where the property in question exists and could be considered as the hardship. Alternate Board Member Jose Hinojosa motioned to approve the variance request to allow a pole sign; motion was seconded by Board Member Howard Slackman, and carried unanimously. DISCUSSION AND POSSIBLE ACTION ITEMS: Item No. 7: Discussion and Possible Action to set training date for Board of Adjustment members. Board Member Dillon Vanderford motioned to set the Board of Adjustment training on October 9, 2019 at 5:30pm, location TBD; the motion was seconded by Alternate Board Member Jose Hinojosa, and carried unanimously. Item No. 8: Discussion and Possible Action to establish an attendance policy for Board of Adjustment members as established by the Board Appointment Policy approved by Brownsville City Commission on October 2, 2018. Discussion ensued regarding the manner in which the amendments will be written. Chairman Roy De Los Santos stated that he will prepare something for the Boards review to be presented at the next Board of Adjustment meeting. Adjournment: Alternate Board Member Jose Hinojosa moved to adjourn meeting, meeting adjourned at 6:52 pm. Page 5 of 6 Approved this day of , 2019. ___________________________________ Roy De Los Santos Chairman Attest: __________________________________ Myrna Leal Planner I Respectfully submitted by: Myrna Leal, Planner I Planning and Redevelopment Services Department Page 6 of 6