10-23-1990 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission r_onvened in a regular
session on Tuesday, October 23, 1990 at 7:00 P.h1. in the
Municipal Complex Conference Room, 1400 Schertz Parkcaay. Those
present were as follows:
PLANNING & ZOiy'ING COMMISSION OTHERS PRESENT
BOB ANDREWS, CHAIRMAN ANNE COR"IAN, HOMESTEADERS
JIM SHRIVER, VICE-CHAIRMAN JAMES GIBLER
MERWIN WILLMAN WILLIAM GIBERSON
GEORGE VICK
HARRY BAUNIAN CITY STAFF
GARY BRICKEN
KEN GREENWALD, COUNCILPERSON STEVE SIMONSON,
ASST. CITY MANAGER
MEMBERS ABSENT NORMA ALTHOUSE,
RECORDING SECRETARY
KEITH VAN DINE, SECRETARY
#1 CALL TO ORDER
Chairman Andrews called the meeting to order at 7:00 P.M.
#2 APPROVAL OF MINUTES: Regular Session October 9, 1990
Chairman Andrews referred to page 5, paragraph 5 where it says
"The consensus of the Commission was to table Item #7 until the
meeting of November 13, 1990." and asked that the reason for
tabling the item (to allow time for Staff to send copies of the
proposed amendment to all businesses along FM 78 and get feedback
from them and also from the Inspection Dept.) be stated.
Harry Bauman made a motion to approve the minutes, as amended,
for the regular session October 9, 1990. Merwin Willman seconded
the motion 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
Homesteaders Arts and Crafts for Permission
to Place One (1) Portable Sign at FM 78 and
Jack Hays Blvd. and One (1) Portable Sign at
IH-35 and Jack Hays Blvd., November 16
through 26, and One (1) Sign for Directions
at Jack Hays Blvd. and Dimrock, November 24
and 25 (PC #166-90)
Anne Corman of the Homesteaders was at the meeting to represent
this request.
Chairman Andrews explained the Homesteaders have been holding an
arts and craft show in Schertz since 1988, there have been no
problems, and it has been beneficial to the City.
Chairman Andrews asked for Staff input, but Steve Simonson
replied there was none.
Jim Shrives asked exactly what the Homesteaders do.
Anne Corman related they hold an arts and craft show for two days
in the Gemcraft model home, for the purpose of displaying and
selling their arts and crafts, and they decorate the home with
all types of arts and crafts, including stained glass and some
pottery.
Harry Bauman made a motion to approve the .request from
Homesteaders Arts and Crafts for permission to place one (1)
portable sign at FM 78 and Jack Hays Blvd. and one (1 ) portable
sign at IH-35 and Jack Hays Blvd., November 16 through 26, and
one (1) sign for directions at ,Tack Hays Blvd. and Dimrock,
ATOVember 24 and 25. Jim Shrives seconded the motion and the vote
was unanimous in favor. Motion carried.
,.#5 CONSIDER AND MAKE RECOMMENDATION: Request from James C.
Gibler, 1528 Mt. Laurel Circle, for a Special
Exception to the Rear Yard Setback
Requirements of the Zcning Ordinance (Variance
#33-90>
James Gibler was at the meeting to represent this request.
Chairman Andrews asked for Staff input.
Steve Simonson explained that because of trees and because of the
lay of the land, it is hard for h1r. Gibler to put a storage shed
on his property without asking for a variance. Mr. Simonson went
on to say there is fencing and the Staff foresees no problem with
this request. Mr. Simonson did ask Mr. Gibler how high his fence
is and Mr. Gibler replied 6 feet.
Jim Shrives asked the size of the storage shed and Mr. Gibler
answered it is 12' x 16'.
George Vick inquired as to the overall height of the storage shed
and was told it is 12'.
Gary Bricken asked how much of a variance is being requested and
James Gibler replied he is requesting a 6' variance bringing the
shed to within 4' of the house.
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Gary Bricken then asked the purpose of requiring that the shed be
10' from the house and Steve Simonson replied for safety. Mr.
Simonson pointed out that some people store flammable material in
their sheds.
Gary Bricl{en asked if the shed will have electricity and was told
it will not.
Mervin Willman asked if the placement of the trees in the diagram
is accurate. James Gibler replied the trees are not accurate
because at first he was confused about the easement line versus
the fence line. Mr. Gibler further stated after getting
straightened out about the easement line versus the fence line,
11e found he could adhere to the 10` requirement, but the shed
would be visible to the front and to the rear.
Mervin Willman remarked he doesn't see any reason why the shed
can`t be visible to the front and to the rear. James Gibler
indicated he does not wish to raise any objections f rom his
neighbors. Mr. Gibler continued on saying several of his
neighbors have built storage sheds against his fence, but he
doesn't think that's consistent with what they're trying to do in
Greenshire Oaks.
Mervin Willman commented this request should have gone to the
Board of Adjustment. Chairman Andrews emphasized the Commission
is merely reviewing the request and caill sent it on to the Board
of Adjustment with their recommendation.
Harry Bauman made a motion to recommend approval to City Council
of the request from James C. Gibler, 1528 Mt. Laurel Circle, for
a 6' Special Exception to the rear yard setback requirements of
the Zoning Ordinance and to schedule it for a Board of Adjustment
hearing. George Vick seconded the motion and vote was unanimous
in favor. Motion carried, Mervin Willman, after the vote,
suggested the size of the shed and the height of the shed be
included in the recommendation.
Chairman Andrews informed James Gibler the Commission will send
their recommendation to the Board of Adjustment and the City
Secretary will notify him of the date for the hearing.
#6 CONSIDER AND MAKE RECOMMENDATION: Request from William C.
Giberson, 416 Marilyn Drive, for a Special
Exception to the Side Yard Setback Requirements
of the Zoning Ordinance (Variance #34-90)
William Giberson was at the meeting to represent this request.
Chairman Andrews asked for Staff input.
Steve Simonson related there is no Staff input - this is a
straightforward request for a 5' variance to the side yard
setback.
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Harry Bauman remarked the request should state someplace that the
carport, not the house, will be 2' from the property line.
M1lerwin Willman commented the slab is already there, all P~ir.
Giberson is doing is putting the roof on.
Merwin Willman then asked William Giberson what he plans to do
with the current garage. N1r. Giberson replied his wife uses it
for storing furniture.
Jim Shriver made a motion to recommend approval to City Council
of the request from William C. Giberson, 416 Marilyn Drive, for a
5` Special Exception to the side yard setback requirements of the
Zoning Ordinance and to schedule it for a Board of Adjustment
hearing. George Vick seconded the motion and the vote was
unanimous in favor. Motion carried.
Merwin Willman commented, in regard to the request from William
C. Giberson, it should be indicated someplace on the request that
the slab is already there and Mr. Giberson is just putting on the
roofing.
Chairman Andrews informed William Giberson the Commission w°ill
send their recommendation to the Board of Adjustment and the City
Secretary. will notify him of the date for the hearing.
#7 CONSIDER AND MAKE RECOMMENDATION: Request from Alan
Schindler, Alco Creative Builders, on Behalf
of Henry Spires at 3713 Olde Moss, for a
Special Exception to the Rear Yard Setback
Requirements of the Zoning Ordinance
(Variance #35-90)
There was no one present at the meeting to represent this
request.
Merwin Willman mentioned that the storage shed is already there
and it appears to be approximately 12` f rom the rear property
line and 5' to 6' from the main building.
Harry Bauman inquired if it's in the easement and Merwin Willman
answered no, it's inside the fence.
Gary Bricken pointed out that on the sketch it looks like he's
asking for the shed to be approximately 3' from the house.
Steve Simonson acknowledged the shed was built without a permit -
the inspectors caught them before it was finished. Mr. Simonson
further stated if they turn the shed around, and it is on skids,
it will still require some kind of variance. Mr. Simonson
advised that the easement is all in Mr. Spires' yard, and it was
explained to him by the inspectors that the shed is in the
easement.
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There was some confusion about exact measurements and how much of
a variance is being requested.
Harry Bauman observed maybe t11ey want to move the shed from 3' to
5` or 6' t.o get it out of the easement.
Gary Bricken stressed that the Homeowners Association in Gdoodland
Oaks r..lak_es it ~-ery clear you need a permit from the City for
these things.
Merwin [-Willman pointed out the application does not indicate this
request is after the fact, and it should.
Chairman Andre~:s said at least they are coming in now for a -
permit. In the past if the building was up before the inspectors
caught it, then it was up and nothing was done about it.
Steve Simonson expressed the opinion he would like to see a
message sent to these builders who think they can get away
without obtaining a permit.
Harry Bauman brought up the fact that some subdivisions have
their own rules. To this, Councilperson Greenwald said those are
deed restrictions and. the City doesn`t enforce deed restrictions.
Gary Bricken related that Gemcraft won't even talk to you about
what you want to do until they see a permit.
Jim Shriver asked if Alco Creative Builders had been given a
permit for this storage shed and Steve Simonson replied yes they
had, but they were charged double because of it being after the
fact.
Gary Bricken questioned if there's any other solution. Can the
shed be turned sideways?
Steve Simonson replied it can be turned, but it will mess up the
rest of the yard.
Gary Bricken then questioned what course of action might have
been taken if they had come in for the permit before starting to
build. Steve Simonson replied then it would have been a decision
between him and the inspectors and they could probably have
worked something out with the builder.
There was further discussion about building in the easement and
about the dimensions on the drawing being unclear.
Chairman Andrews told the Commission you can build in the
easement if the structure is not on a permanent foundation and
you agree to move the structure when a utility company needs
access.
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Gary Bricken asked about the possibility of allowing the storage
shed to remain in place if the owner agrees to move it when the
utility company needs access.
Steve Simonson observed that, as a City, they discourage building
in the easement because somehow these structures have a way of
becoming permanent.
Chairman Andreas reminded the Commission they are only making a
recommendation.
Mervin Willman recommended this request not go to the Board of
Adjustment until the application is correct, and it is stated on
the request that this is after the fact.
After more discussion on the inaccurate paperwork, Mervin Willman
made a motion to return this application to the applicant (with
no action) for clarification. Mr. Willman`s motion requested the
applicant state specifically how much of a variance he wants, the
reason he wants it, and also state this request is after the
fact.
Gary Bricken noted that, regardless, Alco Creative Builders
andior Henry Spires is still in severe violation and wondered if
the City would, at any point, agree to their request. Mr.
Bricken emphasized that even if the shed is turned sideways, it
will still be only 7' from the house.
Chairman Andrews indicated he would have recommended approval if
this were before the fact because there's not room in the
backyard for a shed without obtaining some kind of variance.
At this time Jim Shriver seconded Mervin Willman's motion and the
vote was unanimous in favor. Motion carried.
#8 CONSIDER AND MAKE RECOMMENDATION: Review of Zoning
Ordinance (Article XXII, Section 2 and
Articles XXIV through XXIX)
Jim Shriver referred to Article XXIV, Section 1.3 where it
mentions temporary buildings and asked if we're talking about
individuals or builders. Steve Simonson replied we're talking
about builders.
Mr. Shriver then referred to Article XXIV, Section 1.5 where it
mentions the Commission and asked if we need to add Planning and
Zoning before the word Commission. Mr. Shriver was informed the
definition of "Commission" as far as this ordinance is concerned
means the Planning and Zoning Commission of Schertz, Texas.
Mervin Willman referred back to Section 1.1 of Article XXIV and
noted that where it says ".....prescribed under Article XXI" the
Article should be changed to XXIII.
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~lerwin Willman then referred to Article XXIV, Section 1.8 which
has to do with action .following the issuance of a Specific Use
Permit. '~Ir. Willman caondered if there should be more
clarification about not being able to obtain a building permit if
nothing has been done caithin 5 months after the issuance of a
Specific Use Permit.
Article kXV, Section 3 reads as follows:
"Damage and Destruction: A non-conforming use shall not be
extended or rebuilt in case of obsolescence or total destruction
by fire or other cause. In the case of partial destruction by
fire or other causes not exr_eeding fifty (500) percent of its
value, the Building Inspector shall issue a permit for
reconstruction, if greater than fifty (50%) percent and less than
total, the Zoning Board of Adjustment may grant permit for repair
after public hearing and having due regard for the property
rights of the persons affected when considered in the light of
public welfare and the character of the areas surrounding the
designated non-conforming use."
Jim Shriver asked if we need to say how long the reconstruction
permit is good for. Steve Simonson said damage and destruction
has never gone to the Board of Adjustment, it has always been a
decision of the Staff.
Chairman Andrews pointed out this paragraph has to do with a non-
conforming use which is something different than a conforming
use.
Merwin Willman referred to Article XXVI, Section 3 where it
mentions a $5.00 fee for a Certificate of Occupancy and suggested
instead of "five ($5.00)" it read: in accordance with the
Schedule of Fees. The Commission agreed.
Jim Shriver then moved along to Article XXVI, Section 4.6,
paragraph a. where it mentions a Home Occupation Permit. Mr.
Shriver asked if the ordinance says the permit has to be renewed
every year because he didn't understand that when he got his
permit.
Chairman Andrews informed Jim Shriver the intent was for the
permit to be renewed every year.
George Vick commented if no one is tracking it, what value is it.
To this, Steve Simonson said the Inspection Department should be
tracking it.
After some discussion about the fact that the permit itself
should have a statement on it about renewal and there should be a
fee for the permit, the Commission agreed to add the following as
the last two sentences to Article XXVI, Section 4.6, paragraph a:
The Home Occupation Permit will be renewable annually The
initial fee and renewal fee will be in accordance with the
Schedule of Fees.
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Merwin Willman referred back to Article XXVI, Section 4.5,
paragraph b. 3 which reads: "In that letter, the applicant will
be advised of his/her right to appeal the decision to the City of
Schertz Board of Adjustment according to the City of Schertz
Zoning Ordinance Number 79-5-15, as is, or may be amended."
Mr. Willman suggested after "according to" the paragraph read as
follows: Article XXVII of this Ordinance. The Commission agreed.
In Article XXVI, Section 5.3, paragraph e., Jim Shriver pointed
out the blank should be filled in with the date. Also, in that
same paragraph, Mr. Shriver questioned why 3 years was chosen as
the time for permitting a non-conforming use to continue.
Steve Simonson answered by saying this had been run by the legal
department and was based off an already court tested ordinance.
Merwin Willman remarked he had given all the Commissioners a copy
of the State Law regarding a Board of Adjustment.
Referring to Article XXVII, Section 4, Jim Shriver questioned the
use of the phrase "or by any officer" in the sentence where it
lists all those who may take appeals to the Board of Adjustment.
Steve Simonson said, once again this is a case of the phrase
being a direct quote-.from the State Law. The Commission agreed
this phrase should be kept in the sentence.
In Article XXVII, Section 6, Jim Shriver referred to the
following sentence: "The concurring vote of four members of the
Board of Adjustment shall be necessary to reverse any order,
requirement, decision, or determination of any building
inspector." Mr. Shriver pointed out that throughout the rest of
the ordinance the phrase "building official" has been used
instead of "building inspector" and he thinks it should remain
consistent. The Commission agreed.
Merwin Willman noted that in Article XXVII, Section 7.2 where it
refers to "Article XXVI", it should be changed to read Article
XXVII.
Jim Shriver asked if in Article XXVIII, Section 4 all the
ordinances listed are current. Steve Simonson said it is his
understanding that list is all the ordinances repealed by the new
Zoning Ordinance, but he will check into it to make sure all
those listed are repealed.
The Commission now reviewed Appendix A~, Schedule of Uses.
Jim Shriver asked if, when the School District builds a new
school, do they have to come to the City for approval. Steve
Simonson replied yes, the building plans have to come to the
Building Official. Councilperson Greenwald added they have to
meet the standards of the Southern Building Code.
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Jim Shriver said he assumes, then, the City could shut them down
for a violation and Steve Simonson replied yes they could.
Steve Simonson told the Commission they would be amazed to find
that even though the Schedule of Uses contains a fairly lengthy
list cf businesses permitted in each commercial zoning
classification, invariably someone asks about starting up a
business that isn`t specifir_ally listed.
The Conriissicn now moved on to the reviecti of Appendix B,
Definitions.
Three iter..ls required a change:
(1) The w°o rd "Master" should be deleted from the definition for a
Comprehensive TMlaster Plan making it a Comprehensive Plan.
(2) In the definition for a Convalescent Home, the word
"receiving" should be replaced with the word providing.
(3) Resulting from discussion at the September 25, 1990 meeting,
definitions for Mcbile Home, HUD-Code Manufactured Home, Modular
Home, Manufar_.tured Housin or Manufactured Home, and Modular
Component need to be added to Appendix B.
Steve Simonson reminded the Commission there had been talk about
reviewing the Zoning Map as far as various zoning classifications
throughout the City and seeing if any changes need to be
recommended. Mr. Simonson asked the Commission if they- want to
do that along with amending the Zoning Ordinance.
After a brief discussion on this, Chairman Andrews requested that
review and discussion of the Zoning Map, in regard to zoning
classifications throughout the City, be placed on the agenda of
the next meeting and also an update on the progress of the Zoning
Ordinance revisions.
Merwin Willman asked if small maps are available which show all
the zoning. Steve Simonson replied small maps are available.
Steve Simonson admitted the City has a lot of zoning that caent
along with the "boom" years, but at a briefing today an
interesting question was asked about whether or not they have
zoning for. the "bust" years.
Mr. Simonson also emphasized the Zoning Map should dovetail right
in with the Comprehensive Plan and expressed the opinion maybe
the City should try some unconventional (for this area) types of
zoning.
Merwin Willman brought up the subject of cluster development
saying it might work in the Schirmerville area. Mr. Willman also
stressed to the Commission that just because he distributes
information on cluster development, he isn't saying it has to be
done that way - it`s just for ideas.
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~9 GENERAL DISCIISSIQN
George Vick:
(a) Asked the status of the forms for Specific Use Permit request
and Special Exception request.
Councilperson Greenwald advised the forms have nct been reviewed
yet by Council.
Mr. Vick told the Commission he received some infcrmation from
Bryan, Texas c4hich contains flow charts (showing the stages a
particular request, complaint, application, ctc. needs to go
thrcugh) and examplzs of the forms they use.
Chairman .Andrews requested that copies of the information from
Bryan, Texas be distributed to the Commission in their packages
for the next meeting.
Gary Bricken admitted, that in his opinion, a flora chart gives an
individual a much warmer feeling.
Gary Bricken also commented he was really impressed with the
Schertz Planning and Zoning Commission today at the San Antonio
Chapter APA luncheon - they had such a large number in
attendance.
Steve Simonson related that the Commission usually impresses
people with their numbers. Others are impressed caith the power
given the Commission, for example, the approval of plats.
Mervin th'illman:
(a) Said City Council approved the reappointment of those whose
terms expired and also of the officers for the Commission.
(b) Asked if there`s any news on the proposed truck stop and
Steve Simonson replied no, there's not.
(c) Remarked there were three Special Exception applications
submitted for consideration this evening and wondered if the
Staff can't see to it that more specifics are included on these
applications.
Steve Simonson told Mr. Willman that if he wants more detail,
then they will give him more detail.
Jim Shriver
(a) Referred to the effort on the part of the Commission in
trying to get cooperation from Winn's, Wuest's and Southwest
Pacific Bank in the painting of arrows on the entrances/exits off
Schertz Parkway. Mr. Shriver said he was told Bobby Wuest was
approached about participating in the effort and Mr. Wuest said
no.
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Councilperscn Greenwald pointed out even if lines were painted
on, it`s private property and the City can`t enforce laws on
private property.
Chairman Andrews:
(a) Soneti.me bark the Commission submitted a proposal for
changing the location of the drop box at the Pcst Office. It was
thought changing the location of the drop box would help the
traffic situation. What happened to that proposal?
Stet?P_ Simonson said it died.
(b) C:,~mmented he feels the reascn the Commission has such a
corznzitr;~ent on the part of its members is the backing from City
Ccur.cil. Mr. Andrews thanked Councilperscn Green~.~ald and asked
him iri return to thank all the members of Ccuncil.
Steve Simonson:
(a) Informed the Commission the excerpt from the Zoning Ordinance
regarding the submission of a request for a zoning change and, in
case of denial, being required to wait 1? months for
reapplication is still being reviewed by the City Attorney.
(b) Noted that additional requests for building permits have been
coming in from McKinney Homes.
(c) Advised that plans for "The Gardens" Subdivision are moving
right along. The flood study is complete and Mr. Simonson said
he suspects the next step will be submission of the final plat
for approval. (Mr. Simonson filled newest members Harry Bauman
and Gary Bricken in on the history of "The Gardens" subdivision.)
Gary Bricken told the Commission his boss from California had
been in town and expressed surprise at the speed with which
things are built in Texas.
Councilperson Greenwald commented he hoped everyone had read the
necaspaper article with the population figures in it, a copy of
which was in their packages.
Steve Simonson followed this by saying those figures make Schertz
the second largest populated suburb of San Antonio and the
largest in land area.
Merwin Willman remarked that up in Greenshire, it appears where
the easement should come out on Woodland Oaks Drive, the fence is
built on the easement. tSteve Simonson said he would check into
it.)
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#10 ADJOIIRNMENT
Chairman :~ndrews adjourned the meeting at 8:56 P.~1.
Fclloc~ing the meeting, the Commission watched the City of Schertz
video, "Talk of the Town", put together by the Economic
Development Task Force.
The nett regularly scheduled meeting is November 13, 1990.
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