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07-24-1990 :a _ - _ _ _ _ PLANNING AND ZONING MINIITES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, July 24, 1990 at 7:00 P.M. in the Municipal Complex Council Chambers, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN RICK SAENZ BOB ANDREWS, VICE-CHAIRMAN RITA SAENZ MERWIN WILLMAN ARNOLD MILLER GEORGE VICK WERNER KELLER JIM SHRIVER DELORES KELLER KEN GREENWALD, COUNCILPERSON EARL HARTZOG ED NORDMEYER MEMBERS ABSENT CITY STAFF KEITH VAN DINE, SECRETARY HAROLD BAUMAN STEVE SIMONSON, ASST. CITY MANAGER STEVE WHELCHEL, CITI' INSPECTOR LEONARD TRUITT, CITY INSPECTOR - NORMA ALTHOUSE, _ - RECORDING SECRETARY #1 CALL TO ORDER Chairman Brisgill called the public hearing to order at 7:00 P.ti1. Mr. Brisgill explained the procedures to be followed for the public hearing. Mr. Brisgill noted this is the only time for speaking (comments will not be permitted after the public hearing is closed) and informed those present the Planning and Zoning Commission has ten days in which to make its recommendation to City Council. #2 PIIBLIC HEARING: Front Yard Setback Variance Request (Variance n30-90) - To receive citizen input on the request from Rick and Rita Saenz - for an 8' front yard setback variance at 501 Aviation. Chairman Brisgill asked for Staff input. Steve Simonson informed those present that 55 letters had. been - "sent to property owners and 1Q were 'returned - 9 in favor-of`the variance and 1 opposed. Ed Nordmeyer of 409 Aviation spoke at this time saying he is in favor of granting the variance. Mr. Nordme~=er then made further comments to the Commission asking them tc think about allowing property owners to have a mother-in- law house. Mr. Nordmeyer suggested there is not efficient use of land, we like to keep the older folks independent, and sometimes the best way of doing this is to provide them with a house of their own. Mr. Nordmeyer further stated that this is enough of a problem in some areas of the country that you can rent a house to put on your property for a number of years, and when you no longer need it return it to the owner. Mr. Nordmeyer indicated he had spoken to the City about this subject before and the next. time he comes before them, he may ask for a permit for a mother- in-law house. ~3 ADJOIIRNMENT OF PIIBLIC HEARING There being no further questions or discussion, Chairman Brisgill adjourned the public hearing at 7:04 P.M. The Schertz Planning and Zoning Commission convened in a regular session, after the public hearing, in the Municipal Complex Conference Rcom, 1400 Schertz Parl~way. ~4 CALL TO ORDER Chairman Brisgill called the meeting to order at 7:06 P.M. ~5 APPROVAL OF MINUTES: Regular Session July 10, 1990 - Merwin Willman made a motion to approve the minutes for the regular session July 10, 1990. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. ##6 CITIZENS` INPUT OTHER THAN AGENDA ITEMS There was none. At this time Chairman Brisgill introduced Steve Whelchel and Leonard Truitt of the City Inspection Department. Mr. Brisgill commented the Commission just wanted to meet them. Mr. Brisgill remarked there has been lots of discussion in the past on signs and it is easy for the Commission to sit here and decide what the ordinance should say, but it is up to Inspection to enforce it. Are there any thoughts on this? Leonard Truitt told the Commission one of the hardest things to enforce is political signs in the Overlay. Mr. Truitt said the ordinance definitely says there won't be any, but the City tends to allow them. Chairman Brisgill admitted he,knows that's true., Leonard Truitt then mentioned they are talking about patrolling the City on the weekends because lots of builders have been working without getting the necessary permits. =2- _ Jim Shriver .asked Steve Whelchel, as a new employee of five weeks, what he thinks of the job. Mr. Whelchel replied it is a challenge, but he likes it. Bob Andrews commented that the Commission sits here and hammers out the ordinances and then Inspection has to enforce them. Are - they enforceable? - Steve Whelchel informed the Commission that as far as new construction is concerned, there are no problems. It is only on . the weekends that they have encountered problems with contractors not getting permits, for things such as carports and new roofs. Mr. Whelchel also indicated a slight problem with junked vehicles in the City. - Bob Andrews remarked that the amendment to the Junked Vehicle Ordinance regarding the use of a fitted car cover fcr antique vehicles and the new Garage Sale Ordinance should make it easier. Leonard Truitt asked if there's anything in writing on those two ordinances and Steve Simonson advised Mr. Truitt to check with him about the ordinances. Steve Simonson pointed out that the two inspectors are looking at things differently than the way the department has looked at things in the past. Every time they turn around, there is another dunked vehicle or someone else is building something. Mr. Simonson related that both inspectors have spoken with him about scheduling some time around their weekend hours because they feel some of the contractors purposely build on the weekends to try and avoid having to get a permit. Leonard Truitt gave the example of re-roofing and said the City - of Schertz requires a permit for such work whereas the City of San Antonio does not, and the contractors are used to not having to obtain a permit. - Bob Andrews suggested that maybe the ordinances need to be . checked in comparison with our sister cities to see what they require permits for and what they do not. Leonard Truitt commented they follow the building code more than they do the ordinances. Steve Whelchel mentioned a problem they are having with Stop-N-Go as far as-trash around their building is concerned. Mr. Whelchel - said the. home office. gave Stop-N-Go the money to hire. a maintenance person, but they have not done it yet. Leonard Truitt asked how hard the Commission wants them to enforce the ordinance upon Stop-N-Go. -3- _ Merwin Willman informed the inspectors this problem is something, that should be taken up with City Council. Bob Andrews told the inspectors to see how it effects their jobs - how many times a week they have to call upon Stop-N-Go about the trash problem. Chairman Brisgill thanked the inspectors for coming and told them to feel free and=time in the future to tell the Commission about any problems they may encounter. ~7 CONSIDER AND MAKE RECOMMENDATION: Variance ;30-90 George Vick, referring to the 10 letters returned (9 in favor and 1 oppcsed), asked if the one oppcsed gave any reason. Steve Simonson replied they did not. Merwin Willman asked if he understands correctly that Mr. Saenz is planning on having a two story house. Bob Andrews told Mr. Willman that is correct. Bob Andrews made a motion to recommend to City Council approval of the request from Rick Saenz for an 8` front yard setback variance at 501 Aviation. Mr. Andrews added that the house will stand aut, but it is on a dead-end street and the neighbors approve. George L'ick`seconded the motion and the vote was as follows:. AYESr B. Andrews, G.:Vick, J. Shrives _ NAYS: T. Brisgill, M. Willman ABSTENTIONS: None With a vote of 3 for and 2 against (2 members absent) the motion did not carry. Chairman Brisgill stated his reason for voting no is that he doesn`t feel Mr. Saenz meets any of the criteria for a variance - he just wants it. Mere°in Willman indicated he thinks there's other room on the property where Mr. Saenz can put the house and not need a variance. Bob Andrews told the Commission he had some of the same thoughts as Chairman Brisgill and Merwin Willman in that Mr. Saenz has created his own hardship, but the citizen input indicates approval of Mr. Saenz' request. Jim Shrives asked if Mr. Saenz moves the house back, .will he have room to park his car. Bob Andrews said he will have 20 feet'and the average car is`21 feet. ; Chairman Brisgill expressed concern about making a recommendation to City Council. Steve Simonson told the Commission they could say they don't have a recommendation, although City Council would probably like to have one. Bob Andrews remarked he would withdraw his recommendation if it _ would make any difference, but the vote then would be 3 against and 2 in favor which would still not be good enough to carry the motion. Chairman Brisgill recommending passing the information along to City Council as is. The Commission agreed. ~8 CONSIDER AND TAKE APPROPRIATE ACTION: Clarence Williams, 812 Aviation, Request for Hearing Regarding Junked Vehicle Clarence Williams was at the meeting to represent this request. Mr. Williams informed the Commission the vehicle in question is a 1966 El Camino pickup truck parked in his back yard by the fence. Mr. Williams continued on saying it was movable until March of this year at which time he put some of the parts from it into his wife's vehicle and is now in the process of putting them back in the truck. Mr. Williams said he is keeping the truck because next year it will be a classic. It does not have a current license sticker and Mr. Williams said he does not plan to get one soon because he is not driving the vehicle. Mr. Williams pointed -n ~ out-the vehicle is` not junk-," there` is` no broken` glass,' he keeps the area around it mowed and he has a car cover for it. Jim Shriver asked Clarence Williams when he foresees the truck being operable. Mr. F~'illiams answered he couldn't say for sure because he has heart problems and he also works at night. Chairman Brisgill asked if the cover is presently on the truck and Mr. Williams said no it is not. Chairman Brisgill remarked that our ordinance does not cover classic cars, but uses 35 years as the age for an antique vehicle. Mr. Brisgill told Clarence Williams that as long as he keeps the cover on the truck, there should be no problem. Mr. Williams said that's what he needed to know. Chairman Brisgill asked for some background on why this gentleman received a letter about his truck. Steve Simonson replied it is one of thase that was spotted in the backyard without a current license sticker. Bob`Andrews 'asked Clarence Williams if he has a fitted truck cover. "Mr. Williams replied its a little hard to find a fitted cover for a truck, but the cover he has fits well - its off his Lincoln. , -5- _ Jim Shriver made a motion allowing Clarence Williams to store the truck in his backyard as long as it covered in accordance with the requirements of the ordinance. George Vick seconded the motion and the vcte was unanimous in favor. Motion carried. ~8b. CONSIDER AND MARE RECOMMENDATION: Request from Arnold J. Miller, SOS Colony Drive, for a backyard and side yard setback variance. Arnold Miller was at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve Simonson related that the Commission can see, according to Arnold Miller's letter, that Mr. Miller has a rather extensive amount of building he wants to do. Mr. Simonson said Mr. Miller would eventually like to extend his storage shed and also request a variance for the carport, but. he has put those two items on hold and is currently requesting only a side yard and a backyard setback variance so he can build decking around his pool. Steve Simonson did point out that if Mr. Miller eventually does everything he mentions in the letter he will be close to building on more than 40~ cf his yard which is against the regulations of . the ordinance. Chairman Brisgill asked about •a~ utility `easement and Arnold Miller replied there is an electrical pole with the wires overhead. The cable and telephone are also overhead and the gas meter is in the front of the house. . There was discussion about the height of the electrical wires in reference to their distance from the deck. Chairman Brisgill expressed concern aver this matter since there will be people on the deck who will be wet. Arnold Miller explained that the deck will be a maximum of nineteen inches in height. Steve Simonson told the Commission that the inspector says 18 feet is required between wire and anyone wet. Bob Andrews asked Arnold Miller if he had gotten a permit several years ago when he put in his storage shed. Mr. Miller replied yes he had. Bob Andrews then commented on the foundation/pad for the shed, Leonard Truitt informed Mr. Andrews that is considered flatwork and'you can cover your entire yardwith flatwork if you wish. " Bob Andrews questioned if the Commission didn't have a similar request about nine months ago from Vaughan Homes and Steve Simonson said yes they did. -6- Bob Andrews made a motion to recommend City Council schedule a Board of Adjustment Hearing and approve the request from Arnold Miller, 8Q8 Colony, for a 7' side yard variance and a 3' backyard variance to allow the building of decking around the pool. Mr. . Andrews further stated these variance should be granted far the decking only, provided such construction complies with the electrical code. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson informed Arnold Miller he will send him a letter verifying the Commission's action this evening and giving him a probable date for the Board of Adjustment Hearing. ~9 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion of - Comprehensive Plan Chairman Brisgill reminded the Commission they have in their packet updated material on SAFES and the Police Department. Mr. Brisgill then referred to the report from the Citizens` Leadership Panel where the short and long-term goals are listed for both SAFES and the Police Department. Jim Shriver asked if the final product will list the short and long-term goals. Steve Simonson replied it will if that`s the wisr. of the Commissicn. Mr. Simonson also noted that some of the _ information is in narrative form. _ . Jim Shriver then asked if the final product has to be approved by City Council and Steve Simonson said yes it does. Steve Simonson listed the steps taken so far to gather information such as the survey, the Citizen's Leadership Panel Report, the old Comprehensive Plan and feedback from the various departments. Mr. Simonson said all this plus the Commission's. input will be compiled in draft form for the Council to review. Merwin Willman expressed concern over the fact that .the Commission has not yet come up with an outline for the way they`re going to do the Comprehensive Plan. Jim Shriver asked if the goals of the Planning and Zoning Commission should be included in the Plan. Chairman Brisgill said that`s taken care of in the annual report to City Council. . Mr. Brisgill added that then you would need to put in the goals of City Council and he doesn't think the goals of either body are something that should be in the Plan. At this time the_ Commission reviewed the updated material on SAFES and the Police Department and compared it to the Citizens' Leadership Panel Report as far as short and long-term goals. The Commission made their suggestions as to what should be changed, what should be included, and what should be added or deleted. -7- Steve Simonson advised the Commission he will try to give them something every meeting for the plan, but a lot is going on right now with the budget and with the new preliminary floodplain map. Mr. Simonson cautioned the Commission that, more and more, a Comprehensive Plan is being considered a legal document. Chairman Brisgill requested that further discussion of the Comprehensive Plan be glaced on the agenda of the next meeting. #10 GENERAL DISCIISSION Bob Andrews• (a) Menticned there's lots of work going on at 605 Aviation. They're cutting what looks like a second driveway. (Steve Simonson said he will check on it.) George Vick: {a) Is anything being done about the vehicles at 815 Aviation, down the street fram Clarence Williams? One of them has been up on jacks for a while. {Steve Simonson said he will check into it.) Jim Shriner: (a) Expressed concern over Harry Bauman being absent from the last tt:-c meetings. _ _ _ _ . . Mervin 6Villman: {a) The new Garage Sale Ordinance should be official as of August 7th and it will effect the Sign Ordinance. Would like to have a copy. (b) When Payless was authorized the new sign, weren't they suppcsed to take down the old one? (Steve Simonson said yes, after all the details are worked out about the widening of Jack Hays Blvd.) (c) Back in April the Commission gave a 120 day extension for an antique vehicle to a gentleman at 515 Aero. Since that time he has put the vehicle in the garage and kept it there. We need to clear our list of people who have been granted extensions. Chairman Brisgill requested that all antique and/or junk vehicle owners who have been granted extensions or had a decision tabled . be placed on the next agenda. (d) Asked Steve Simonson if there's any kind of penalty that can,... - be imposed on .people who don't get a permit when they're doing some type of construction. Mr. Simonson replied the City can double the permit fee. - < -8- To this, Mr. Willman asked if the City has been doing that and Steve Simonson answered yes they have. (e) Did Joe Potempa turn in all his books? Mr. tv'illman was informed Joe Potempa had not turned in the Code book or the Citizen's Guide to Planning and Zoning books. Steve Simonson: (a) Reported there are lots of people interested in developing the corners cf IH-35. Mr. Simonson said McDonald's is interested and he is also told the truck stop is still coming into the City. (b) Commented he has been playing ping pong between Houston and Dallas regarding the paperwork for the FM 78 R.O.W. from Southern Pacific. Mr. Simonson said rumors have been circulating that FM 78 is going to be widened immediately and he even got a call from the corporate office cf Church's Chicken in Louisiana asking him ~ti~hy they hadn`t been informed of this. Mr. Simonson told e~-erycre, if they hear any further rumors along this line, to refer the people to hirt. Chairman Bris ill: _ (a> How many members are planning on attending the APA - Conference in Forte Worth? (Those planning on attending are George Vick, Bcb Andrews and Steve Simonson.) George Vick said he had a real quick question about whether the City has an ordinance regulating street solicitation and was informed they do have. Jim Shriner noted that the solicitors pulling the VFW scam have moved out of San Antonio and he understands they are now in Universal City. (b) Indicated he will not be here for the August 14th meeting and possibly not for the meeting on August 28th. # 11 ADJOIIRNMEI~TT Chairman Brisgill adjourned the meeting at 8:50 P.M. The next regularly scheduled meeting is August 14, 1990. -9- _