BOA 02-28-2011BOARD OF ADJUSTMENT MINUTES
February 28, 2011
The Schertz Board of Adjustment convened on February 28, 2011 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
Christopher Montgomery
Norman Slocum
Rebekah Inmon, Alternate
Richard Dziewit, Alternate
CITY STAFF
Lesa Wood, Planner I
Michelle Sanchez, Director of Development Services
Misty Nichols, Senior Planner
Ken Anderson, Chief Inspector
BOARD MEMBERS ABSENT OTHERS PRESENT
Donald McQueen, Vice Chairman Robert Brockman, 1000 Elbel
Loren Drum, Texas Home Check
Craig Seeber, 2225 Oak Valley
1. CALL TO ORDER/ROLL CALL
Mr. Hartzog called the regular meeting to order at 6:00 pm.
2. RECOGNITION OF REAPPOINTED BOARD MEMBERS.
Mr. Hartzog recognized Ms. Inmon on her reappointment to the Board.
3. SEAT ALTERNATE MEMBER TO ACT IF REQUHtED.
Ms. Inmon was seated in the absence of Board Member McQueen.
4. HEARING OF RESIDENTS
Earl Hartzog, 3700 Whitfield, recognized and thanked Mr. Brockman for picking up trash on FM 3009.
5. MINUTES:
A. Regular Meeting - January 24, 2011
Mr. McElroy moved to approve the minutes. Mr. Montgomery seconded the motion. Vote was unanimous.
Motion carried.
6. PUBLIC HEARINGS:
A. BOA 2011- 001 2225 Oak Valley
Hold a public hearing to consider a request for two variances to the Unified Development Code
(UDC), Article 5, Section 21.5.7 Dimensional and Developmental Standards at 2225 Oak Valley. All
variances proposed encroach the required 20 foot rear yard setback as follows: (1) to allow a
cover/arbor to remain over an existing 14' by 17' deck that encroaches the rear yard setback by 9'8";
(2) to allow acover/arbor to remain over an existing 10' by 23' deck that encroaches the rear yard
setback by 18'.
Minutes
Board of Adjustment
February 28, 201 I
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Public hearing opened at 6:03 pm.
Ms. Sanchez gave a short presentation on the variance request which included the following:
the public hearing process and 200 foot notice area, provisions of the Unified Development Code (UDC)
related to decks and covers, permit issued by the City on the original construction and the construction
performed without a permit and the inspection performed by Ken Anderson, Chief Inspector, that resulted in
the stop work order. She commented on the various meetings, phone conversations and options that were
discussed with the property owner to fix the arbors and achieve compliance with the UDC. In January 2011
no progress had been made toward compliance and a final notice/letter of violation was issued. She
commented that the City had received written notice to cancel the permit from the contractor. The public
hearing notices were published and mailed with eight (8) responses received including: five (5) in favor, two
(2) neutral and one (1) opposed. Ms. Sanchez offered staffs recommendation.
Mr. Hartzog recognized the following to speak:
• Mr. Drum, Texas Home Check, commented on to his inspection of the decks and arbors for structural
defects and his meeting with Ms. Sanchez and Mr. Anderson.
• Mr. Seeber, 2225 Oak Valley, thanked the Members for their time and commented on his families
desire to have the deck arbors remain as built. He commented on his home buying process and the
deck contractor that was hired.
• Mr. Brockman, 1000 Elbel, asked if the request was for two variances.
• Ms. Sanchez responded.
There being no one else to speak the public hearing closed at 6:29 pm.
Discussion followed between the Board, staff and the applicant.
Mr. Slocum questioned the definition of cover and the dimensions of the upper deck.
Ms. Sanchez responded by showing the exhibit provided by the engineer and clarifying the dimensions.
Mr. Dziewit asked for clarification on the permit that was issued.
Mr. Sanchez clarified.
Mr. McElroy asked for the definition of arbor from the UDC and variances granted in the past.
Mr. Sanchez commented that the UDC refers to the Planners dictionary for definitions missing from the UDC
and she briefly discussed a couple of variances previously heard by the Board of Adjustment.
Mr. Montgomery questioned the change in the UDC related to the deck setbacks.
Ms. Sanchez responded.
Mr. McElroy moved to approve the two variance requests which both variances encroach the required 20 foot
rear yard setback as follows: (1) to allow acover/arbor to remain over an existing 14' by 17' deck that
encroaches the rear yard setback by 8'2"; (2) to allow acover/arbor to remain over an existing 10' by 23'
deck that encroaches the rear yard setback by 8'6".Mr. Montgomery seconded the motion. Vote was 4/1 with
Board Member Slocum voting Nay. Motion carried.
7. REQUESTS AND ANNOUNCEMENT:
A. Requests by Members to place items on a future Board of Adjustment
No requests.
B. Announcements by Members and Council.
• City and community events attended and to be attended
• Continuing educations events attended and to be attended
Mr. Slocum commented on the Planning and Design Charette held at the Schertz Civic Center.
Mr. Montgomery commented on Planning and Design Charette held at the Schertz Civic Center.
Mr. Hartzog commented on the following:
• newly adopted terms for all Board members
Minutes
Board of Adjustment
February 28, 2011
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• Wilenchik Walk for Life on March 5, 2011
• Update on BOA By-laws
C. Announcements by City Staff
City and community events attended and to be attended
No staff comments.
8.
ADJOURNMENT
The meeting adjourned at 7:01 P.M.
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Chairman, Board of Adj~uS ent
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Recording Secretary, City of Schertz
Minutes
Board of Adjustment
February 28, 2011
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