Reprint from the Progress Times - November 16, 2007
©Progress Times 2007 - All Rights Reserved

 

City Council Addresses zoning issues

By Kathy Olivrez

The Mission City Council approved a request for an open carport at 1717 W. Griffin Parkway at a regularly scheduled meeting Tuesday, November 13. The request was previously denied by the Mission Zoning Board of Adjustments. City ordinances were recently amended so that the council could consider requests denied by the Zoning Board of Adjustments; previously, the ZBA had the final say.

Planning Director Sergio Zavala told the council that the owner, Luis Garza, had been told to stop construction in April after it was noticed he was building a carport without a permit. He then applied to the ZBA for permission to build the carport, which was only 23 feet away from the property line instead of the required 40 feet. He was told to relocate his poles to be in compliance with city ordinances. Garza did not do so; instead he finished construction without getting a permit.

On May 29 Ordinance #3246 was adopted by the council. It states open carport structures for residential use may be built within the 40-foot front setback but they shall be subject to the site plan approval of the Planning and Zoning Commission who may consider construction material matching the primary home for aesthetics.

On June 13 the P&Z reviewed the carport, which was yellow and had an aluminum-sided wall on the east side. It did not match the brownish brick used on the home. P&Z unanimously denied the proposal based on the materials used, aesthetics, and neighborhood opposition.

On August 28, Ordinance #3278 was adopted by the council converting the review process into a public hearing format similar to that of a conditional-use-permit. This allows applicants the ability to appeal denied site plans of such open carports to the council.

On September 12 the P&Z once again denied the open carport because of the sheet metal wall on the east side. In that meeting Raul Sesin stated that the aluminum wall made it look as if Garza had a storage shed in front of his house instead of a carport. He said he would not mind the poles but objected to the wall.

Staff recommended denial of the permit while City Manager Julio Cerda recommended approval.

Mayor Beto Salinas said he did not see anything wrong with the carport.

Councilman Leo Olivarez argued with him, saying that it did not meet code. If the council were going to make an exception for one person, they would have to make an exception for everyone. Pretty soon, there would be a line of carports on the major thoroughfares into the city that would detract from the aesthetics coming into the city.

Mayor Salinas did not agree and said they would hold hearings for everyone who wanted to have a carport that did not meet codes. He saw nothing wrong with it.

Norie Gonzalez said she felt the carport ought to match the house.

Garza said he had gotten a loan to build it as it was and should not have to go back and change it to match the house. He told the council he needed the wall to protect his boat.

Gonzalez recommended that he at least paint it a different color so that it blended with the house.

The council voted four to one with Olivarez objecting, to approve the carport.

In other zoning related action re-designation of lots one through six and a portion of lot 6A out of the replat of lots six and seven, Sharyland Plantation Village Saddle Club Subdivision PUD (low density, single family w/livestock) to PUD (low density, single family) by Hunt Valley Development was approved.

Victoria Contreras objected, saying when she bought her property, she had paid an extra $10,000 for the green view of the saddle club behind her home. She felt it added value to her property. Now the city was allowing it to change so that they would have someone else’s home behind hers. She did not feel the change was fair because it would reduce the value of her property.

After discussion the council voted five to zero to override the P&Z recommendation to deny the request and approved the replat, which will allow for construction of another subdivision.

Aaron Alvarado was granted permission to install a fence over El Ranch Road in Madero due to vandalism, dumping, vagrancy and arson concerns. Pictures of tires and other items being dumped on his property, which is found on both sides of the road, were shown. The road leads to an agricultural area.

A 0.66 acres tract out of Lot 25-8, West Addition to Sharyland was rezoned from R-1 to C-2.

A public hearing for Arturo Garcia who was denied a home occupation conditional use permit for sale of furniture at 2008 N. Shary Road was set for November 26 at 4:30 p.m.

Institution of Annexation Proceedings were held on property to be annexed into the city including the following property:

Tract A includes all of lot 29-2, West Addition to Sharyland save and except the SE 9.43 acres (AKA Patricia Estates) and1.212 acres of all of Los Ebanos Road right-of-way being a 40 foot by 1,320 foot strip between lots 29-2 and 29-3, West Addition to Sharyland Subdivisions.

Tract B includes 39.187 acres of land out of lots 29-3, 29-4 and 30-3, West Addition to Sharyland Subdivision.

Tract C includes the east 120 feet of the west 567 feet of the South 200 feet of Lot 29-3, West Addition to Sharyland.

Tract D includes 2.726 acres of lot 29, Bell Woods Co. Subdivision "C".

Final annexation will be held November 26.

Under financial matters, Janie Flores, finance director, told the council the Certified 2007 Tax Roll for the City of Mission stood at $2,729,646,025. Of that $224,359,018 was allocated to the Tax Increment Reinvestment Zone (TIRZ). Based on those values the total tax levy for Mission was $15,193,209.78. Of that amount, $1,248,782.29 was allocated for TIRZ and $13,944,427.48 went into the city’s portion. The figures were based on a 92 percent collection rate.

The Council approved amending the sign ordinance by designating the area along Bryan Road from the new GAS facility at the Anzalduas Bridge to the expressway as an "expressway corridor," thus allowing a different type of signs than can be constructed on a smaller road.

Another ordinance abandoning portions of Stewart Road’s right-of-way between the Anzalduas Bridge and the northwest corner of Lot 61, John H. Shary Subdivision was tabled. If abandoned the property would have reverted to the Hunt Valley Development, which is located on each side.

The purpose of abandoning the land is to allow the Texas Department of Transportation to use it for construction of a portion of Bryan Road expressway corridor, which will be six lanes to FM 1016.

Mayor Salinas said he would rather give the land directly to TxDOT rather than giving it to the HVD. He questioned whether HVD would want the city to give them something else in return for giving TxDOT the land.

In other action Speer Memorial Librarian Rusty Dove was given authority to accept a grant for $16,906, which will be used to replace computer equipment used by patrons.

The council voted to cast the city’s 120 votes for the Hidalgo County Appraisal District for Amador Requenez.

Under city purchases, the council authorized the purchase of two new street sweepers at an estimated cost of $270,000. Councilman Celestino Ramirez questioned whether two were enough because he gets many calls about the condition of the streets.

He was told that the other two often broke down but would be kept working until funds were available to add newer ones to the fleet.

The city will solicit bids for seven pick-ups, three tractors with mowers, three riding mowers and a lifter via the state contract or through solicited bids. Estimated cost is $375,000.

Bids for recreational amenities, field lighting, facility lighting, and parking lot lighting for the Bentsen Palm Park were rejected. All will be rebid.

The council approved membership in Electric Reliability Council of Texas, Inc. (ERCOT), an organization designed to help provide reliable electric rates.

Anna Carrillo, city secretary, said the city would be setting appointments for persons applying for official birth certificates in order to get passports. She said that due to heavy volume, it was difficult to assist everyone who came for birth certificates. There were long waits that upset citizens. By taking appointments, people would be assigned a time. Other cities, such as McAllen, have been setting appointments for some time.

Following executive session the council was authorized to purchase right-of-way acquisition for the Mile 2 Road Project.