C IT Y O F A R A N S A S P A S S

CITY OF ARANSAS PASSAGENDA MEMORANDUM

Staff report for the Planning & Zoning Council Meeting of February 8, 2021

Date: February 3, 2021

To: Planning & Zoning Commission

From: Development Services Staff

Agenda Item:

Case No. 2012-19: Jesus Hinojosa at 345 N. Atlantic St, Aransas Pass, requests aConditional Use Permit to extend living in an RV until Harvey-related relief housing can befunded and built. The current zoning district is AG Agricultural.

BACKGROUND AND FINDINGS:

It was brought to the attention of the Planning Department through Code Enforcement thatMr. Hinojosa was living in an RV situated on his lot located at 345 N. Atlantic Street (Block683, Lots 5 and 6). The current zoning for that area is AG which may allow for theplacement of RVs only with a Conditional Use Permit. Mr. Hinojosa confirmed that noConditional Use Permit was obtained. Upon further investigation, it was determined thatthe RV currently on the lot is a FEMA funded replacement for an RV which was destroyedby hurricane Harvey. The RV that was destroyed by hurricane Harvey had replaced ahouse which was located on the property at the time Mr. Hinojosa bought the property in1996 and was demolished by Mr. Hinojosa between September 2008 and January 2009(Demolition Permit #30003967, dated 09/09/08). Mr. Hinojosa stated that the reason fordemolishing the house was because of its dilapidated and unsafe condition. He also statedthat he moved the RV onto the property to live in because that is what he could afford. Mr.Hinojosa has reached out to Habitat for Humanity and to Disaster Recovery Group to helphim resolve this housing issue. Mr. Hinojosa requests a Temporary Conditional Use Permitto remain living in the RV until housing can be funded and built.

ZONING ORDINANCE: 400- CONDITIONAL USE PERMITThe purpose of this section is to provide guidelines for Conditional Use Permits so as toallow temporary, specific use(s) that would normally not be permitted by zoningregulations but are permitted as long as stated conditions are met, and so long as

deviation from such regulations will not cause a detrimental effect to the surroundingproperties.

Subsection -416 General Criteria for Granting: (a) Conditional uses must be specificallyidentified and conform to conditions listed and authorized in the Zoning Ordinance,except as to Conditional Use Permits issued pursuant to Section 418hereunder. (b) Theproposed use should not be injurious to present use of the land nor prevent enjoymentof uses already permitted. (c) The change should not impede normal and orderlydevelopment of improvement of surrounding vacant property. (d) Adequate utilities,access roads, drainage, and other necessary facilities must exist or be available in thenear future. (e) Sufficient off-street parking and loading space must be available. (f)Measures must be taken to prevent the conditional use from producing annoyingnuisances (odors, fumes, dust, noise, etc.) in the area. (g) A Conditional Use Permit mustbe issued for a particular use and shall be nontransferable. (h) The Permit is subject toperiodic review. Any violation of the conditions shall result in automatic termination. Ifnot used, Conditional Use Permits are null and void at the end of the authorized permitperiod.

The issue before the Planning & Zoning Commission is to determine whether the requestmeets the spirit of the intent of the criteria as set forth above.

CONFORMITY TO CITY POLICY

COMPREHENSIVE PLAN: Land Use Study 4.4.3

Work with owners of vacant land and properties to either renovate existing structures, develop property, or sell their properties;

NOTICESPublic notice was republished in the Aransas Pass Progress on Wednesday January 20,2021 and re-mailed to all property owners within 200’ of 345 North Atlantic Street AransasPass, Texas on January 22, 2021. There has been zero (0) response in favor of theapplication and zero (0) response in opposition to the request at this time.

STAFF RECOMMENDATION:Staff Recommends approval because it meets the criteria as stated above in that (a) the

specific use has been identified, (b) the proposed use is not injurious to the present use of

the land, (c) it will not impede development of surrounding property, (d) there exists

adequate utilities, access roads, and drainage, (e) there exists adequate off-street parking,

and (f) there will be no annoying nuisances.

ALTERNATIVES:

Since this is an existing condition, any alternative scenario would necessitate Mr. Hinojosahaving to move, and that would likely create an extreme hardship for him. We reached outto Habitat for Humanity when we first learned about this existing condition. They in turnoffered him a house in Victoria that he could move to, but Mr. Hinojosa did not want toleave this area as this has been his home for many years.

ATTACHMENTS:1. Site Aerial Photo2. Aransas CAD Block 683, Lots 5/6 Highlighted3. Map of 200’ Buffer Around Property and Zoning Districts

345 North Atlantic Street

Block 683, Lots 5 and 6

345 North Atlantic Street

Block 683, Lots 5 and 6

PUBLIC NOTICE LETTER*MAILED TO:

PHILLIP DAVID129 SENDERO VERDESAN ANTONIO

TX 78261

JONES WAYNE E10619 SUMMER SEASONS PLTAMPAFL 33625

HOFMEISTER JOYCE A LIFE ESTATE107 SAUNDERS LANEARANSAS PASSTX 78336

PERMENTER JERRY ET UX2315 COBBLEWAY DRSAN ANTONIOTX 78231

HONTS JOHN B% MCCALL ELYN HONTSFT WORTHTX 76116

MOSS CLARENCE L REVOCABLEP O BOX 1647ARANSAS PASSTX 78335

WHITE FAUN BOYD ESTATEUNKNOWN87 99999

TEMA OIL & GAS CO16200 PARK ROW STE 300HOUSTONTX 77084