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BOA 05-24-2010 BOARD OF ADJUSTMENT MINUTES May 24, 2010 The Schertz Board of Adjustment convened on May 24, 20 I 0 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 Christopher Montgomery Norman Slocum Richard Dziewit, Alternate Rebekah Inmon, Alternate CITY STAFF Lesa Wood, Planner I Misty Nichols, Senior Planner BOARD MEMBERS ABSENT OTHERS PRESENT Robert Brockman, 1000 Elbel Ron Millican, Endeavor Wall Homes Donna Brown, 7705 FM 482 Brian Hall, 10498 Hunter Heights Dale Morris, 10480 Hunter Heights 1. CALL TO ORDER/ROLL CALL Mr. Hartzog called the regular meeting to order. 2. SEAT ALTERNATE MEMBER TO ACT IF REQUIRED. No action required. 3. HEARING OF RESIDENTS No citizen comments. 4. MINUTES: A. Regular Meeting - Apri I 26, 20 I 0 Mr. McQueen moved to approve the minutes for April 26, 2010. Mr. Slocum seconded the motion. Vote was unanimous. Motion carried. 5. PUBLIC HEARINGS: A. BOA 2010 - 006 10492 Hunter Heights Hold a public hearing to consider a variance to the Unified Development Code (UDC), Article 5, Table 21.5.1 to allow an encroachment of the required twenty-five foot (25') side yard setback by twenty foot (20') on the east side of the lot to construct a single family residential home at 10492 Hunter Heights (Lot 7, Block 4, Laura Heights Estates Subdivision, Unit I). Public hearing opened at 6:09 pm. Ms. Wood gave a short presentation and provided staff comments on the variance request. She advised the Minutes Board of Adjustment May 24,2010 Page 1 of4 Board that the applicant is requesting a variance to the minimum side yard setback and the lot was currently undeveloped. She commented that the Homeowners' Association Architectural Control Committee has granted a variance to allow the encroachment. She commented that the home was large relative to the lot size and that there were several lots remaining in the Unit that have similar limitations. She stated that the public hearing notice was published in the Daily Commercial Recorder and Herald. Also, twelve (12) notices were mailed to surrounding property owners on April 13, 20 I 0 with 6 responses returned; 3 neutral, 3 opposed. She offered staff recommendation and advised the Board that the applicant was present. Mr. Hartzog recognized the following to speak: . Mr. Millican commented on the house plan in relation to the lot and felt that this is the plan the buyer wants. . Mr. Hall, 10498 Hunter Heights, commented that his property is adjacent to this lot on the east and is opposed. He bought in this subdivision because of the minimum of 50 foot between homes. . Mr. Morris, 10480 Hunter Heights, commented that he is opposed to the request and the 25' building setback should remain. There being no one else to speak the public hearing closed at 6: 15 pm. Mr. Slocum commented on the square footage of Mr. Hall's home and the proposed house plan. Mr. Montgomery asked if the HOA was the developer. Ms. Wood confirmed that it was the developer. Discussion followed between the Board, staff and the applicant on the subject lot size and other lots available in the unit. After a short discussion, Mr. McElroy moved to disapprove the request to the side yard setback encroachment. Mr. McQueen seconded the motion. Vote unanimous. Motion carried. B. BOA 2010 - 005 7705 FM 482 Hold a public hearing to consider a variance to the Unified Development Code (UDC), Article 7, Nonconforming Uses, Lots and Structures to allow a double wide manufactured home to be placed on a lot that contains two existing single family structures located in an (M-I) Manufacturing District (Light) District at 7705 FM 482. Public hearing opened at 6:25 pm. Ms. Wood gave a short presentation and provided staff comments on the variance request. She commented on the property's existing use, its zoning and the zoning restrictions. She commented that public hearing notices were published in the Daily Commercial Recorder and the Herald. Seven notices were mailed to surrounding property owners and no responses were returned. She offered staffs recommendation and advised the Board that the applicant was present. Mr. Hartzog recognized the following to speak: . Ms. Brown, 7705 FM 482, commented that the plan when the property was purchased seven years ago was to have their family close. There being no one else to speak the public hearing closed at 6: 15 pm. Discussion followed between the Board, staff and the applicant on the existing M-I zoning. After a short discussion, Mr. Slocum moved to disapprove the request to allow an additional manufactured home on the lot. Mr. Montgomery seconded the motion. The motion failed by a 3/2 vote. According to Local Government Code 211.009 a concurring vote of75 percent of the members of the board is necessary to decide in favor of an applicant. 6. ITEMS FOR INDIVIDUAL CONSIDERATION: Minutes Board of Adjustment May 24,2010 Page 2 of4 A. BOA 2010 - 001 Ashton Senior Village Consider and act on a variance to Article 10, Section 21.10.4 Schedule of Off-Street Parking requirements to allow a reduction in the required parking by 209 spaces at 10.629::1:: acres of land specifically described as a portion of the Genobera Malpaz Survey No. 67, Abstract No. 221, generally located 458::1:: feet east of the intersection of Borgfeld Road and FM 3009. Ms. Wood presented the applicants written request for postponement of this application until further notice. Mr. Hartzog commented that the request could be postponed for 30 days and the Board could choose to make a decision on the request. He commented that he read the information provided by the applicant and that it was not the information the Board requested. Mr. McElroy asked if the Board could make a motion to approve or disapprove the parking variance request. Mr. Hartzog confirmed yes. Discussion followed between the Board and staff on the information provided by the applicant, the request for one parking space per unit and the visitors' parking spaces. Several members expressed concerns on the information provided in the package. After the discussion, Mr. McElroy moved to disapprove the request for reduction in parking. Mr. Montgomery seconded the motion. Vote unanimous. Motion carried. 7. ITEMS FOR DISCUSSION: A. Discussion related to the Board of Adjustment By-Laws. (N. Slocum) Mr. Slocum presented his one page draft of suggestions for changes to the BOA By-Laws to the Board. Mr. Montogmery asked for clarification to the changes on Chair and Vice-Chair. Mr. Slocum responded. After the discussion Mr. Slocum suggested that the Vice-Chair incorporate the suggestions in the By-Law document and present it to the Board at the next meeting. Mr. Hartzog assigned the Vice-Chair, Mr. McQueen the duty of drafting the suggested changes and requested that this item be placed on the next agenda for action. 8. REQUESTS AND ANNOUNCEMENT: A. Requests by Members to place items on a future Board of Adjustment Request to place BOA By-laws on the next agenda for action. (E. Hartzog) 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 Staff. C. Announcements by City Staff . City and community events attended and to be attended No announcements by Staff. 9. ADJOURNMENT The meeting adjourned at 7:06 P.M. Minutes Board of Adjustment May 24,2010 Page 3 of 4 ~a/ Chairman, Board of Adjust e Minutes Board of Adjustment May 24, 2010 Page 4 of 4 &10~ Recording Secretary, City of Schertz