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11-10-1987 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, November 10, 1987 at 7:00 P.M. in the Municipal Comple?: Conference Room, 1400 Schertz Parkway. Those px-esent were as follows PLANIv~ING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN MELFORD FRIESENHAHN KEITH VAN DINE, SECRETARY BETTY FRIESENHAHN MER~~'IN WILLMAN' RANDY GROSSMAN CITY STAFF MARY MARSH GEORGE VICK STEVE SIMONSON, KEN GREEATWALD, COUNCILMAN ASST. CITY MANAGER NORMA ALTHOUSE, MEMBERS ABSENT RECORDING SECRETARY TY BRISGILL, VICE-CHAIRMAN #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session October 27, 1987 Chairman Andrews, after consulting Keith Van Dine for ~~erification, asked that on Page 3, last Paragraph, Lines 1 and J, the words "pool-type camper" be changed to read "pull-type camper". Mary Nlarsh made a motion to approve the minutes, as amended, for the Regular Session October 1987. Keith Van Dine seconded the motien and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND ,TAKE APPROPRIATE ACTION: Request from Melford ~~~•iesenhahn for a Setback Variance at 4408 Lazy Oak Drive "Telford and Betty Friesenhahn were at the meeting to represent this request. Steve Simonson noted that the Zoning Ordinance states that in an R-1 Residential section the side yard setback requirements are that there shall be twa side yards of fifteen t15') feet cr a minimum cf seven (7') en any one side. Mr. Simonson went on to say that according to the drawing submitted by Mr. Friesenhahn, a side yard setback variance of four (4') foot is being requested. Mr. Simonson also said he would like to call the Commission's attention to the fact that this is a corner house. Mary Marsh commented she questions Mr. Friesenhahn's measurements because when she drove by 440° Lazy Oak Drive it did not appear to;her that it was even ten (10') feet to the street from his present garage. Melford Friesenhahn replied that his measurements (a total of ~1.6`) are correct, the only thing he was not sure about. was how far the right-of-way goes beyond the curb. Chairman. Andrews informed Mr. Friesenhahn the right-of-way goes ten (10") feet beyond the curb. Merwin Willman said it looked to him also like it could not be more than 10 or 15 feet to tre street from Mr. Friesenhahn's present garage and asked if anyone else drove by. Chairman Andrews replied he had driven by, but he did not get out and take any mcasurerlents. Chairman Andrews asked if there isn't a ten (10`) foot minimum setbacl{ cn a corner lot and Steve Simonson said he could find nothing to indicate that in the ordinance except where it applies to '.;usincsses. Steve Simonson informed the Commission that if this should be approved, the same drawings will have to be submitted and measurements verified in artier for permits to be issued. Mary Marsh asked Melford Friesenhahn cahy he needed another garage since he already has two and Mr. Friesenhahn replied the one in the baci: is his lobby shop and the one ir. front is only a one-car cJarage and he would like to have a two-car garage like other people have. betty Friesenhahn remarked 'she would lilre to be able to enter her house without walking outside in }~.•ad weather, that they have tr,ree vehicles and she feels this locks bad when they are all part=ed on the street in front of the house, and because the vehicles ):ave to be parked on the street, they have experienced some vandalism in the past. Mary Marsh commented she has no objections to Melford Friesenhahr.`s request, but she does question his measurements. George Vick asked if plans to widen the driveway shouldn't also be i:~cluded in the request. Steve Simonson said widening the driveway would only require a building permit. -2- There was a brief discussion on whether or not the addition to Mz~. Friesenhahn`s property would create a site hazard at the corner, but no one seemed tc think there was a problem with this ar~d Steve Simonson noted there is a Stop sign at the corner rat?zer than a Yield sign. I{e~th Van Dine made a motion to approves the request from Melford Friesenhahn for a four (4`) foot side yard variance at 4408 Lazy Oak Drive contingent upon the measurements in the drawings subrnitted b~= Mr. Friesenhahn being accurate. If the measurements are not accurate, the approval is null and void. At this time there was some discussion cn whether or not the property line was 8`6" from the curb when platted. Steve Simcnscr, pointed out that this particular area was not platted, t?.ey used metes and bounds. Chairr..lan Andrews asked if it would create a problem if Crest Oak were to be widened and Steve Simonson said Crest Oak is already 30' cti>ide and he didn't foresee it b2iny made. any wider. Chairman Andrews reminded the Comrnissicn that a motion had been made by Keith Van Dine (Tc approve the request from Melford Fri~,senha:~n fcr a four (4') foot side yard variance at 4408 Lazy Oak Drives contingent upon the measurements in the drawings submitt~.d by Mr. Friesenhahn being accurate. If the measurements are not accurate, the approval is null and void.) and a secar~d to that m:;ticn is needed. Randy Grossman seconded the motion and the vote was as follows: AYES: B. Andrews, K. Van Dine, R. Grossman, M. :Marsh, G. Vick • NAYS: M. T~'illman ABSTENTIONS: None Motion carried. CO~SII~ER A11TD 1~AKE RECQNdI~4Ei~QA~IO~: Signs - Jack Hays Boulevard - District l~, Texas Highway Department Ban Chairman Andrews commented this item had been tabled from the last meeting of October 27, 1987 ir. the hopes that Steve Simonson would receive an answer tc the letter he sent to the State Highway Department:~~t the request of the Commission. The letter stated the City cf Schertz has a restrictive ordinance for FM 3009 and asked the Highway Department to spell out their policy fcr prohibition cf all signs within the state right-of-way. Mr. Simonson has not received an answer. Chairman Andrews asked Steve Simonsen if there is any input on the matter and Mr. Simonson replied ne there is not. Mr. Simonson did say, however, that nc more signs have been picked up and the builders and developers are doing as they should be doing. -3- Randy Grossman asked Steve Simonson if he was aware that Monarch's bandit signs were up nct only last weekend but also througr. the week until Wednesday. Mr. Simonson said he would check with the inspectcrs and see why they didn`t pick up the signs. Chairman Andrews recommended and Keith Van Dine seconded the reccr.;mendaticn that this item be tabled until Steve 5imenson receives an answer from the Highti,,~ay Department. #6 CONSIDER AND MAKE RECOMMENDATION: Discussicn on Including a Clause en Executive Sessions in the P & Z Rules of Prccedure After a brief discussion on Revised Civil Statutes as far as they apply tc Open Meeting Laws and Executive Sessions, it was decided the P & Z Rules of Procedure do nct need to be changed. Ken Greenwald said the City attorney suggested avciding Executive Sessions at all costs. The consensus of the Commission was that no further action on this item is necessary. Keith Var. Dine had some questions about the duties of the Secretary and bcth he and Mary Marsh said they felt the Rules of Procedure were confusing about outlining the duties of the Planning and Zcning Secretary versus the duties of the Reccrding Secretary. There were, however, no specific changes suggested at this time. #7 CONSIDER AND MAKE ~tECOMMENDATION: Amendment of City of Schertz Home Rule Charter Chairman Andrews asked Merwin Willman to enlighten the Commission :,n this item since he had written up the prcposed amendment. Merwin Willman commented that many years ago the Mayor of Schertz at tre time insisted that the Hcme Rule Charter specify that City Council also k:e the Board of Adjustment. Mr. [Millman said, in his cpinicn, it is wrong and should be changed. Mr. Willman also feels that Planning and Zoning should not be handling any variance requests,_these requests should gc directly to the Bcard of Adjustment. Mary Marsh said she agrees with Merwin Willman completely about the Board cf Adjustment not being the same members as that of City Council, but does not agree with him about Planning and Zoning nct handling variances. There was some discussion ors who, according to law, is supposed to handle variance requests and who handles the appeals. -4- There was also discussion on the fact that, as it stands now, when someone wants to appeal a decision, they are not getting the full benefit of different opinions and considerations because the City Council and the Board of Adjustr.~ent are compris~:d of t~:e same members. The Commission feels the person appealing a decision is being partially deprived cf the total appeal process because of this situation. The Commission also feels the way the appeal process is handled currentl~> would not stand up in a court of law. Chairman Andrews and Merwin 6aillman both agreed they didn't know if anything could be done, but at least Planning and Zoning could ma]~e a recommendation to City Council. Ken Greenwald said, perscnully, he doesn't see a problem with the - way it is now. George Vick related an experience from his former job saying an employee had been fired and because the employee's course cf appeal involved getting decisions from three levels, and the third level decision was made by the same person who made the second level decision, the court ruled he had not legall~> had three courses cf appeal and the employee was rehired ar.d paid his bacJi waga_s . Merwin. taillman commented that at tre time the law was changed, the City Council and Board of Adjustment could be the same, but in his research this time he could not find where it said that. Keith Van Dine recommended the Staff attorney chec]{ the legality of the situation as it is now. Fien Greenwald said that's probably what Council will sagg.~st. George Vick made a motion to recommend City Council locJs into the legality of the Board of Adjustment and the City. Council being comprised of exactly the same members. Randy Grossman seconded the motion and the vote was unanimous in favor. Motion carried. ~8 GENERAL DISCUSSION Mary Marsh reported that the articles in the newspaper about wanting to form a.cencerned citizens' commission were starting tc bring good results,'-she had heard from people ir, several areas of Schcrtz. Mary Marsh asked Steve Simonson if any final plans had been submitted for the widening cf Jack Hays Boulevard and Mr. Simonson said no they had not. Steve Simonson also said the Last he heard it looks like there will not be a public hearing cn this matter until the first of the year. Mary Marsh said she will not be able to attend the ne_:t meeting cn November 24th. -5- Keith Van Dine commented he will have a list of the House Bills at the next meeting. Mr. Van Dine also mentioned a stolen vehicle incident in the Sshirmerville area and brought up again the need for roadwork in the area, especially the upper end of Pfeil Road. (Steve Simonson said the City= had gotten a maintainer that day.) Steve Simonson also reported that the City was gathering information and costs on the possibility of building a culvert in that area. Mary Marsh asked about the City getting a striper and Steve Simonson said it should be coming in sometime in December. Randy Grossman thanked Steve Simonson for his and other City Staff help in providing maps and other valuable information that helped make the trick-er-treating for RACAP a success. Mr. Grossman said they severed roughly 1,000 residences and were at;le to provide RACAP with three times the amount of food supplies tl~cy already had in stock. George Vick told the Commission l.e was glad to be 1^Lere working with them and said he would like to have a map showing the City limits cf Schertz. Steve Simonson told rim to some by City Hall fcr a map. Merwin Willman mentioned that the Smoke Pit has a portable sign with a flashing arrow on tsp. Steve Simonson asked Merwin Willman if he knows how far off the road the sign is and Mr. Willman replied it's where their free- standing sign is. Ken Greenwald reminded the Commission that the an:~ual tree lighting is December 3rd in front of the Community Center. Steve Simonson informed the Commission that Cibola will 'nave a loop around it as part of the widening of FM 7°. Chairman Andrews noted there are two Planning and Zoning meetings sshcduld fcr December - the 8th and the 22nd - and he asked the members to be thinking about who is going to be able to attend or. the 22nd in case that meeting needs tc be cancelled. Mary Marsh commented she enjoyed the joint meeting cn Ostcber 28th of the City Council and Planning and Zoning Commission and is glad they're planning on having another joint meeting in six months. Chairman Andrews remarked how good he thought the package was that ~?r. Gilmore had prepared for the joint meeting. -6- #9 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:14 P.M. The next regularly scheduled meeting is November 24, 1987. -7-