07-28-1992 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in a
regular session on Tuesday, July 28, 1992 at 7:00 P.M. in the
Municipal Complex Conference Room, 1400 Schertz Parkway. Those
present were as follows:
PLANNING & ZONING COMMISSION OTHERS PRESENT
BOB ANDREWS, CHAIRMAN M.L. COONS
JIM SHRIVER, VICE-CHAIRMAN DOROTHY COONS
MERWIN WILLMAN CHARLENE LATZ
GEORGE VICK
BOBBIE VONADA CITY STAFF
LEONARD ZYCH
KEN GREENWALD, COUNCILMAN 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: Public Hearing and Regular Session
July 14, 1992
Bobbie Vonada made a motion to approve the minutes for the
public hearing and regular session July 14, 1992. George Vick
seconded the motion and the vote was as follows:
AYES: B. Andrews, J. Shriver, G. Vick, B. Vonada, L. Zych
NAYS: None
ABSTENTIONS: M. Willman
Motion carried.
#3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
#4 CONSIDER AND TARE APPROPRIATE ACTION: Preliminary Plat
Approval-Cal Stone Subdivision (PC #179-92)
Charlene Latz was at the meeting to represent this request.
Chairman Andrews asked Steve Simonson if there's anything new
.the Commission should know. Mr. Simonson replied the plat has
been reviewed by-the City Engineer who made several suggestions
to Baker Surveying and Baker Surveying complied with those
suggestions.
Steve Simonson continued on, saying as you can see, the
existing drainage easement which is in Savannah Square was
carried through the existing Block 2 of this plat. The reason
is obvious, water moves through this area. Mr. Simonson
commented he had also advised Baker Surveying there had been
several questions from the Commission, from the City Engineer
and from him regarding the 50' ingress/egress.
Steve Simonson remarked the 50' is a specific width for a
residential street and the City was curious as to what the
easement is for - it does not appear to be a utility easement.
Mr. Simonson said, if it's not required, his suggestion is
either to explain it or to delete it.
Chairman Andrews asked if we ever got any answer on the
ingress/egress and Steve Simonson replied no, we did not.
Jim Shriver noted that on the checklist for this plat, the
space for marking parkland is marked incomplete.
Steve Simonson indicated there is no parkland designated on
this plat since it is an individual who already owns the land
and not a developer.
Merwin Willman added he thinks the space for parkland should be
marked N/A for non-applicable.
Steve Simonson related he just wanted to bring it to the
attention of the Commission because the Subdivision Ordinance
does not differentiate.
George Vick observed he thought there had to be a minimum of so
many lots before parkland, or money in lieu. thereof, is
required. Merwin Willman admitted that's correct and said he
doesn't recall the exact figures.
Chairman Andrews asked if there had been any feedback from the
departments and Steve Simonson replied yes, none of the
departments have a problem with this plat.
Charlene Latz, referring back to the easement, wanted to know
if the Commission is asking if the easement is still necessary
and told them that Baker Surveying had suggested she may want,
sometime down the road, to contact a lawyer about having the
easement taken off the plat.
Steve Simonson commented that it may have been put on a long
time ago and may be null and void now. Mr. Simonson
suggested, that if it is null and void now, take it off.
Cpuncilman Ken Greenwald asked if the existing drainage
easement causes the water to flow back through Savannah Square.
Steve Simonson replied no, the existing drainage easement is
already on the Savannah Square plat showing where water flows
from Savannah Square across this property and above this
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property. Mr. Simonson told the Commission he asked .them to
go ahead and put the drainage easement on this plat. Charlene
Latz has plenty of room for her house and is aware that water
moves across the property as its natural course. If Ms. Latz
were to put .her house in that area she would have to make
provisions for this water to move across her land. She could
not dam it up.
George Vick stressed that Charlene Latz cannot just fill in the
easement and Steve Simonson said that's correct unless she made
some provisions, through a qualified engineer, for the water to
move.
George Vick then asked if there is a house on the property now
and Chairman Andrews answered there is a house on the lot
fronting Jack Hays Blvd. which belongs to Cal and Ann Stone.
The two back lots have no homes on them currently.
Merwin Willman made a motion to approve the preliminary plat
for the Cal Stone Subdivision. George Vick seconded the motion
and the vote was unanimous in favor. Motion carried.
#5 CONSIDER AND MARE RECOMMENDATION: Request from M.L. and
Dorothy Coons, 2800 Hidden Grove, Block 1,
Lot 4, Woodland Oaks Subdivision, for a 4'
Exception to the 12' Easement at the Back of
the Lot and a 3'3" Exception to the 10'
Building Setback from the Main Building to
Place a 12' x 20' Metal Building in the Back
Yard
Mr. and Mrs. Coons were at the meeting to represent this
request.
Steve Simonson distributed copies of the plat, showing this
property, to the Commissioners.
Chairman Andrews asked for any input on this request and Steve.
Simonson related that both he and the Inspection .Department
have been working with Mr. 'and Mrs. Coons.
Chairman Andrews inquired if the building is already in the
back yard and was informed it is not.
Bobbie Vonada remarked that in the letters from the utility
companies it says the building will be on skids. Does that
mean it can be moved if necessary?
George Vick emphasized it would be a major undertaking to move
a building of this size.
Leonard Zych asked if there's a regulation against a building
of this size being on skids. Chairman Andrews answered by
saying there's no regulation against that, but there is a
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regulation against building in an easement.
Leonard Zych then wondered about the rationale behind the
regulation against building in an easement and wanted to know
if that particular regulation is driven by the the fact the
utility companies need to have the easement free in case they
have to take their vehicles through. Steve Simonson said
that's correct.
Mr. Zych then noted the letters mentioned that in an emergency
situation, if the building should need to be moved and the
utility company is unable to contact the owner, they will move
the building and not be liable for any damage.
Leonard Zych asked, since the utility companies have these
regulations, why does the City come into the picture. Steve
Simonson replied because it is a State law that these
regulations be in the City ordinance.
Mr. Zych expressed concern about what would happen in an
emergency situation, and especially since if we allow one
person to do it, then we have to make the same allowance for
others.
Chairman Andrews asked Mr. and Mrs. Coons if there is no
other direction this building can be placed on the property and
they responded no, there is no other way.
There was some discussion about the length of the Coons'
ba~:kyard from their house to the easement and it was determined
it is approximately 27 feet. Leonard Zych wanted to know,
then, if they have 27 feet and are putting a 20 foot building
in the backyard why are they encroaching into the easement. It
was explained to Mr. Zych they are encroaching because the
building has to be 10 feet from the house.
Mr. Zych questioned the reason for that regulation and
Chairman Andrews explained that because people tend to store
hazardous material in these type buildings, the fire department
feels, for reasons of safety, there should be ten feet between
the house and an accessory building.
The Coons' were questioned about why it is necessary they have
a 12' x 20' building and if the need for this came about after
they bought the house.-
After some discussion in which Mrs. Coons said she was not
told when she bought the house she had a 12' easement, it was
brought out that even though she had lived in the house since
1907, she and Mr. Coons recently married. Now they have two
houses full of furniture and Mr. Coons wishes to put a Shop
Smith in the building because woodworking is his hobby.
Bobbie Vonada indicated her agreement with Leonard Zych as far
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as if you allow this exception for one person, then you will
have to do it for others. .This represents a potential problem.
It was suggested to the Coons' that they consider a smaller
building.
George Vick made a motion to recommend to City Council
disapproval of the request from M.L. and Dorothy Coons, 2800
Hidden Grove, Block 1, Lot 4, Woodland Oaks Subdivision, for a
4' exception to the 12' easement at the back of the lot and a
3'3" exception to the required 10' building setback from the
main building to place a 12' x 20' metal building in the back
yard.
This disapproval was based on two zoning regulations: (a) no
accessory building may be closer than ten (10') feet to the
main building in the rear yard; and (b) no accessory building
shall be constructed in the front yard or an easement.
Since the Coons' were told they could appeal this decision, the
motion also contained a recommendation to City Council that
this request be scheduled for a Board of Adjustment hearing.
Bobbie Vonada seconded the motion and the vote was unanimous in
favor. Motion carried.
#6 GENERAL DISCUSSION
George Vick•
(a} Admitted it's out of the City's jurisdiction,. but asked if
anyone knows what's going on up on FM 1518 North where they're
clearing land and leveling it off. Steve Simonson said as far
as he knows, they're selling top soil to the Highway
Department.
Merwin Willman:.
(a) Asked the status of the Goofy Golf sign at the corner of
Main and Oak streets.. Steve Simonson replied he thought the.
sign had been taken down, but he will check into it.
Chairman Andrews, saying this item had been tabled previously,.
asked that it be put on the agenda of the next regularly
scheduled meeting.
(b) Inquired about the status of the Tax Increment Financing
plan. Steve Simonson said it's going through the .system
(c) Stressed the City needs something in the Subdivision
Ordinance pertaining to facilities for the handicapped. There
are no ramps at The Gardens subdivision. Steve Simonson said
he will check into it.
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(d) Reminded the Commissioners they had received a preliminary
program for the APA conference and he noticed they are having a
session on Comprehensive Plans.. Suggested maybe they should
all attend and have questions prepared to ask.
Leonard Zych:
(a) Remarked that recently a group of young people painted
house numbers on the curbs and there have been sbme complaints
that numbers were missed, some were blurry and some were wrong.
Is there any recourse?
Chairman Andrews suggested the best thing to do would be voice
a verbal complaint with the organization responsible for the
work.
Steve Simonson:
(a) Reported the Metropolitan Planning Organization (MPO} met
yesterday afternoon and discussed the first draft of projects
to take forward to the governor. Schertz had submitted 16 or
17 roads - 5 for the first year and 12 or 13 for later. Jack
Hays Blvd. was scheduled for the first year with 1993 funding
to begin this October. FM 78 and Lower Seguin were scheduled
in the 4-10 year plan and all the others were dropped.
Mr. Simonson stressed they will continue to attend meetings
and push for an earlier date for FM 78 since they have already
been working on it for several years and have already obtained
20' of right-of-way. While IH-35 and Jack Hays Blvd. are
being widened, there will be more traffic on FM 78.
(b) Reminded the Commissioners he needs to know by the August
11th meeting who is planning on attending the APA conference
and what type of hotel accommodations they want to have
reserved for them.
Councilman Ken Greenwald:
(a} Advised it has been agreed to by the Highway Department to
put signs at FM 78/FM 3009 and IH-35/FM 3009 letting motorists
know when FM 78 is closed.
.The Commissioners suggested several other locations where such
signs would be helpful.
George Vick asked if the City is going to have to buy the
property where the shoe repair business on FM 78 is located and
Steve Simonson replied yes they are. Councilman Ken Greenwald
remarked the current owner is trying to sell it which prompted
several Commissioners to suggest the City go ahead and buy it
and rent it out until such time as FM 78 is widened. Steve
Simonson and Mr. Greenwald both commented that would take
money.
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Chairman Andrews:
(a} Observed that the school district is dumping lots of dirt
on their property adjacent to the Sycamore Creek Apartments and
wondered if this will effect the drainage onto Elbel Road.
Steve Simonson said he had spoken with Herb Rehman of the
school district about this and was told it is being engineered
so that it won't cause a problem.
Jim Shriver•
(a} Asked that Steve Simonson let the Commission know if the
Board of Adjustment approves the request from Mr. and Mrs.
Coons.
#7 ADJOURNMENT
Chairman Andrews adjourned the meeting at 7:50 P.M.
The next regularly scheduled meeting is August 11, 1992.
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