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BOA 11-30-2009 BOARD OF ADJUSTMENT MINUTES November 30,2009 The Schertz Board of Adjustment convened on November 30, 2009 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Earl Hartzog, Chairman Frank McElroy Donald McQueen (arrived 6:05 pm) Christopher Montgomery Rebekah Inmon, Alternate Richard Dziewit, Alternate CITY STAFF Michelle Sanchez, Director of Development Services Lesa Wood, Planner I Michael Spain, City Attorney BOARD MEMBERS ABSENT Norman Slocum OTHERS PRESENT Wade Hawkins, SCUCISD Glenn Mueller, SCUCISD Robert Brockman, 1000 Elbel Mark Davis, 3644 Marietta Ln. Harry Hills, 3532 Hamilton Place Brian Wanke, 3909 Windy Brook Lilian Sebastian, 19378 Old Wiederstein Rd. EXECUTIVE SESSION Called under Texas Government Code Section 551.071 Litigation, pending litigation. ADJOURNMENT OF THE EXECUTIVE SESSION Mr. Hartzog called the meeting to order at 6:00 pm and seated Ms. Inmon and Mr. Dziewit as a voting members. The Board adjourned into executive session at 6:00 pm. Mr. Hartzog, Chairman, reconvened the meeting at 6:22 pm and restated his previous announcement to include Mr. McQueen as a voting member and Ms. Inmon as alternate. TAKE ACTION DEEMED NECESSARY AS A RESULT OF THE EXECUTIVE SESSION As a result of the Executive Session, Mr. McElroy moved that the Board agree to the settlement of a lawsuit by John Gannon, Incorporated against the City of Schertz and the Schertz Board of Adjustment by a mutual settlement and release agreement containing the following basic terms: . Payment of thirty thousand dollars to the City of Schertz by John Gannon Incorporated; . Conveyance to the City of Schertz by John Gannon Incorporated of the property on which the Gannon sign was located; . Permission to John Gannon Incorporated to rebuild the sign as a steel monopole sign at its original location at the same height and area to be a permitted non-conforming use; . John Gannon Incorporated and any future owners of the sign will not permit any advertisement on the sign of alcohol, tobacco, or sexually oriented business; . Release of claims by all parties. For the record such settlement was approved by the Schertz City Council on November 17,2009. Minutes Board of Adjustment November 30, 2009 Page I of 5 Mr. McQueen seconded the motion. Vote unanimous. Motion carried. REGULAR AGENDA 1. CALL TO ORDER/ROLL CALL Mr. Hartzog called the regular meeting to order. 2. SEAT AL TERNA TE MEMBER TO ACT IF REQUIRED. Alternates were seated prior to regular the regular agenda. 3. HEARING OF RESIDENTS No citizen comments. 4. MINUTES: A. Regular Meetings - October 26, 2009 Mr. McElroy moved to approve the minutes. Mr. McQueen seconded the motion. Vote was unanimous. Motion carried. 5. PUBLIC HEARINGS: A. BOA 2009-009 - to allow a free standing sign with electronic message center to encroach the minimum fifteen (15) foot setback completely as required by Section 21.11.13 (E) at 1060 Elbel Road (ABS 221, Survey G Malpaz) known as the SCUC ISD Central Office. Public hearing opened at 6:26 pm. Ms. Sanchez gave a short presentation on the electronic sign encroachment into the front setback; which is where the current sign is located. She stated that the applicant submitted for a building permit and was denied and advised of the variance option. Thirty-nine (39) public hearing notices were mailed with one (I) in favor, one (I) neutral, one (I) opposed and one (I) returned as undeliverable. Ms. Sanchez offered staffs recommendation of approval. There being no one else to speak the Public hearing closed at 6:33 pm. Discussion followed on the site visibility, location of sign, and concerns of distractions from the movement of the information placed on the sign. Ms. Sanchez stated that the UDC was approved by the City Council allowing electronic signs within the City and the sign will have to comply with the restrictions of the UDC related to electronic sign. Mr. Hawkins stated that the sign would be real time information that can be controlled at the Central office and provide information to the public about events. After a short discussion, Mr. McElroy moved to approve the request. Mr. Dziewit seconded the motion. The motion was approved by a vote of 4/1. Minutes Board of Adjustment November 30, 2009 Page 2 of5 B. BOA 2009-010 - to allow a free standing sign with electronic message center to be located approximately ninety (90) feet from residentially zoned property when Section 21.11.13 (H) requires a minimum distance of one hundred fifty (150) feet for property at 420 Fairlawn Avenue (Lot I, Block I, Riata Elementary School Site Subdivision) known as Sippel Elementary. Public hearing opened at 6:44 pm. Ms. Sanchez gave a short presentation on the encroachment of the free standing sign with electronic message center into the minimum distance that is required by the UDC to a residentially zoned property. She stated the site has no free standing sign currently. Ms. Sanchez advised the Board that the applicant submitted for a building permit and was denied and advised of the variance option. Thirty-five (35) public hearing notices were mailed with zero (0) in favor, zero (0) neutral, and two (2) opposed. Ms. Sanchez offered staffs recommendation of approval. Mr. Hartzog recognized the following to speak: . Mr.Wanke, 3909 Windy Brook, stated that he feels the signs are a bad idea because of the high traffic area in the school zone. There being no one else to speak the Public hearing closed at 6:51 pm. Discussion followed on the information being displayed on the signs. Mr. Hawkins stated the signs would display anything relevant to the district and each school would have district wide information and information related to that school. After a short discussion, Mr. McElroy moved to approve the request. Mr. McQueen seconded the motion. The motion was approved by a vote of 4/1. C. BOA 2009-011 - to allow a free standing sign with electronic message center to be located approximately seventy-five (75) feet from residentially zoned property when Section 21.11.13 (H) requires a minimum distance of one hundred fifty (150) feet for property at 806 Savannah Drive (Lot I, Block I, Intermediate School #1 Subdivision) known as Laura Ingalls Wilder Intermediate. Public hearing opened at 7:09 pm. Ms. Sanchez gave a short presentation on the encroachment of the free standing sign with electronic message center into the minimum distance that is required by the UDC to a residentially zoned property. She stated the site currently contains a free standing sign which would have to be removed if the request for variance was granted. Ms. Sanchez advised the Board that the applicant submitted for a building permit and was denied and advised of the variance option. Ninety-one (91) public hearing notices were mailed with three (3) in favor, two (2) neutral, and three (3) opposed. Ms. Sanchez offered staffs recommendation of approval with the condition that the existing sign be removed. Mr. Hartzog recognized the following to speak: . Mark Davis, 3644 Marietta Lane, expressed concerns with traffic and lights from the sign encroaching the residential property. . Ann Hills, 3532 Hamilton Place, stated she was opposed to the sign. . Mr.Wanke, 3909 Windy Brook, expressed concerns with safety and the sign lighting and display distractions. . Mr. Brockman, 1000 Elbel, expressed concerns with the height of the new sign and the trees that may block the view of the sign. Minutes Board of Adjustment November 30, 2009 Page 3 of5 There being no one else to speak the Public hearing closed at 7:20 pm. Discussion followed between the Board, staff and applicant on the amount of information being displayed and lighting being placed on the electronic message board and traffic safety. After a short discussion, Mr. McElroy moved to approve the request. Mr. Dziewit seconded the motion. The motion was approved by a vote of 4/1. D. BOA 2009-012 - to allow a free standing sign with electronic message center to be located approximately one hundred twenty (120) feet from residentially zoned property when Section 21.11.13 (H) requires a minimum distance of one hundred fifty (150) feet for property at 590 Savannah Drive (Lot I, Block 1, Savannah Elementary School Subdivision) known as Norma A. Paschal Elementary. Public hearing opened at 7:25 pm. Ms. Sanchez gave a short presentation on the encroachment of the free standing electronic message center into the minimum distance that is required by the UDC to a residentially zoned property. She stated the site currently has an existing monument sign located at the front of the property where the proposed electronic message center is proposed to be placed. She stated that the applicant submitted for a building permit and was denied and advised of the variance option. Fifty-seven (57) public hearing notices were mailed with two (2) in favor, zero (0) neutral, one (I) opposed and two (2) returned as undeliverable. Ms. Sanchez offered staffs recommendation of disapproval of the request due to the heightened traffic which includes commercial traffic and advised the board that the site already has an electronic reader board attached to the front wall of the school. Mr. Hartzog recognized the following to speak: . Mr. Hawkins stated he understands the concerns. He stated that the site has lots of trees and the existing sign was erected in honor of Ms. Paschal and the district cannot tear down the sign. He stated that this site is important for getting information out to the public. . Mr. Brockman asked if the sign is two sided. . Mr. Hawkins stated that this sign will be one sided. . Tim Wright, 3496 Dartmouth Cove, stated that he is opposed to the request. He expressed concerns about the safety and appreciated all concerns. He stated that the district has numerous avenues to provide information. . Mr.Wanke, 3909 Windy Brook, expressed concerns with safety and the sign distractions. There being no one else to speak the Public hearing closed at 7:36 pm. Mr. McElroy moved to disapprove the request. Mr. McQueen seconded the motion. The motion was disapproved by a unanimous vote. E. BOA 2009-013 - to allow a free standing sign with electronic message center to be located approximately eight (80) feet from residentially zoned property when Section 21.11.13 (H) requires a minimum distance of one hundred fifty (150) feet for property at 1694 Green Valley Road (Lot 40, Block 2, Green Valley Elementary Subdivision) known as Green Valley Elementary. Public hearing opened at 7:36 pm. Ms. Sanchez gave a short presentation on the encroachment of the free standing sign with electronic message center into the minimum distance that is required by the UDC to a residentially zoned property. She stated the site has no free standing sign currently. She stated that the applicant submitted for a building permit and was Minutes Board of Adjustment November 30, 2009 Page 4 of 5 denied and advised of the variance option. One-hundred nine (109) public hearing notices were mailed with zero (0) in favor, two (2) neutral, three (3) opposed and 5 returned undeliverable. Ms. Sanchez offered staffs recommendation of approval. Mr. Hartzog recognized the following to speak: . Mr.Wanke, 3909 Windy Brook, expressed concerns with safety and the sign distractions. . Mr. Brockman asked if the sign is two sided. . Mr. Mueller stated that this sign will be two sided. There being no one else to speak the Public hearing closed at 7:43 pm. Mr. McElroy expressed concerns with the proximity to the homes. Mr. Hawkins stated that the sign is proposed in this location to get close to the road to catch cross traffic and get the most visual impact. Mr. McElroy moved to disapprove the request. No second. Mr. McQueen moved to approve the request. Mr. Dziewit seconded the motion. The motion was disapproved by a 3/2 vote. According to Local Government Code 211.009 a concurring vote of 75 percent of the members of the board is necessary to decide in favor of an applicant. 6. REQUESTS AND ANNOUNCEMENT: A. Requests by Members to place items on a future Board of Adjustment No requests by members. B. Announcements by Members and Council. . City and community events attended and to be attended . Continuing educations events attended and to be attended No announcements by Members and Council. C. Announcements by City Staff . City and community events attended and to be attended Ms. Sanchez announced the following: . Tree lighting Ceremony, December 1,2009. . Festival of Angels, December 4,2009. 7. ADJOURNMENT The meeting adjourned at 7:50 P.M. Chairman, Board &--~ Recording Secretary, City of Schertz Minutes Board of Adjustment November 30, 2009 Page 5 of5