BOA 01-26-2015BOARD OF ADJUSTMENT MINUTES
January 26, 2015
The Schertz Board of Adjustment convened on January 26, 2015 at the Municipal Complex, Council
Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
BOARD OF ADJUSTMENT
Richard Dziewit, Vice Chairman
David Reynolds
Earl Hartzog
Reginna Agee
Mark Tew, Alternate
BOARD MEMBERS ABSENT
Frank McElroy, Chairman
1.
2.
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4.
CALL TO ORDER/ROLL CALL
CITY STAFF
Michelle Sanchez, Director Development Services
Lesa Wood, Senior Planner
Bryce Cox, Planner I
Patti White, Executive Asst. of Development
OTHERS PRESENT
Mr. Dziewit called the regular meeting to order at 6:08 P.M. and recognized members present.
SEAT ALTERNATE TO ACT IF REQUIRED
Mr. Dziewit seated Mr. Tew as a voting member.
CONSENT AGENDA
A. MINUTES FOR AUGUST 25, 2014 REGULAR MEETING
Mr. Hartzog moved to approve the minutes as presented. Ms. Agee seconded the motion. Vote was
5 -0. Motion carried.
PUBLIC HEARING:
A. BOA 2014 -009 Schertz 3009 Market — Landscaping
Hold a public hearing, consider and act upon a request for a variance to Article 9, Section
21.9.7 — Landscaping from the requirement that a twenty foot (20') landscape buffer with trees
and shrubs be provided adjacent to a residential use or residentially zoned property; and
adjacent to all perimeter parking lots and vehicular use areas for a depth of at least ten (10') at
711 FM 3009.
B. BOA 2014 -010 Schertz 3009 Market — Glazing
Hold a public hearing, consider and act upon a request for a variance to Article 9, Section
21.9.5(C), Multifamily and Nonresidential Exterior Material Requirements, to allow a variance
from the required thirty percent (30 %) windows and doors on the front favade on the ground
level floor, in order to permit a twenty six percent (26 %) coverage of windows and doors on the
entire facade on the ground level floor at 711 FM 3009.
Mr. Dziewit stated that he would like to consider both 4A and 4B together unless there is any
objection as they have had these same items before. There being no objections, Mr. Cox presented
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Board of Adjustment
January 26, 2015
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item 4A by stating that the property owner is requesting three (3) variances to the Unified
Development Code (UDC), Article 9, Landscaping. All requests are specifically related to the south
side of the property which is adjacent to a residential use.
1. A variance to Sec. 21.9.7.G with regard to required number of trees and shrubs planted
within the twenty foot (20') landscape buffer for the entire length of the south property line.
2. A variance to Sec. 21.9.7.H.l.c with regard to the number of trees required to be planted in
the planter islands with in the parking lot.
3. A variance to Sec. 21.9.7.11.2 with regard to the number of trees required to be planted on the
entire length perimeter area of the south property line and for the shrubs required to be
planted where off - street parking abuts a residential property line for approximately 170'.
Mr. Cox presented item 4B by stating that the property owner is requesting a variance to the Unified
Development Code (UDC), Section 21.9.5 (C) (1) Exterior Construction and Design Standards with
regard to the percentage of windows and doors required on the front fagade of the building which
states that at least thirty percent (30 %) of the front fagade, on the ground floor level, must consist of
windows and doors that allow for visibility into the commercial building or store. The requested
variance, if granted will allow for a total of twenty six percent (26 %) of windows and doors
( "glazing "). The requested variance, if approved, will allow for the glazing requirement to be
extended to all four sides of the building instead of front fagade only.
Both items were published in "The Daily Commercial Recorder" on January 9, 2015 and in the
"Herald" on January 14, 2015. There were ten (10) notices mailed to surrounding property owners
on January 9, 2015. At the time of this meeting, one (1) response was received in favor of the request
for both items.
The Board of Adjustment previously considered and approved both requests by unanimous decision
on April 22, 2013, September 26, 2013, February 24, 2014, and August 25, 2014. In accordance
with the UDC both variances are effective for a period of 180 days after the date of approval. During
the 180 day period the owner has not filed for a building permit as required by UDC Section
21.4.12(C)(3)(c) and the variance will expire on February 21, 2015.
The property owner is proposing to construct an approximately 41,000 square foot retail
development on the 6.36± acre tract of land located at the corner of Elbel and FM 3009. The south
side of the property is located adjacent to a multi - family dwelling district and is encumbered by
approximately seventy -nine feet (79') of easements; within that easement is a thirty foot (30')
Schertz Seguin Local Government Corporation (SSLGC) waterline easement and a sixty foot (60')
GVEC Electric easement which overlap each other by approximately 10 feet. SSLGC has indicated
that the planting of trees and shrubbery is prohibited within the waterline easement. GVEC has
indicated that planting trees is prohibited within their easement but the planting of shrubbery is
permitted within their easement. These existing easements and restrictions limit the property owner's
ability to comply with the Unified Development Code (UDC) landscaping requirements.
Pursuant to the Unified Development Code (UDC) Article, 9, Section 21.9.5 Exterior Construction
and Design Standards the design criteria is to provide guidelines for new construction in order to
promote an aesthetically pleasing appearance. UDC, Section 21.9.5 (C) (1) requires that 30% of the
front fayade shall provide windows and doors to provide for visibility into the building. In theory the
installation of windows and doors on a front fapade (building storefront) is to provide an inviting
aesthetic appearance which allows for innovative window display in a walk -able environment. The
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Board of Adjustment
January 26, 2015
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5.
6.
applicant is requesting to install 26% windows and doors distributed around the exterior building
facades instead of the front fagade only. In this case, the requirement for the window and door
installation on the front fagade has a direct impact on the functionality of the building. The grocery
store has a pharmacy and refrigerated units that are located on the perimeter walls, as well as
perishable foods such as produce that are impacted by the sunlight and visibility into the store.
The hardship is in no way the result of the Applicant's own action, and Staff recommends approval
of both BOA 2014 -009 and BOA 2014 -010.
Mr. Dziewit opened the Public Hearing at 6:13 P.M.
There being no one who spoke, Mr. Dziewit closed the Public Hearing at 6:13 P.M.
Mr. Reynolds moved to approve the request for a variance for BOA 2014 -009 and BOA 2014 -010.
Mr. Tew seconded the motion. Vote was 5 -0. Motion carried.
REQUESTS AND ANNOUNCEMENTS
A. Announcements by Members
Mr. Dziewit asked about the possibility of more training. Ms. Sanchez stated that Staff will
check with Mr. James regarding joint sessions of training and get a time line.
B. Announcements by City Staff
• None.
ADJOURNMENT
The meeting adjourned at 6 :17 P.M.
of Adjustment Recording Secretary, City of Schertz
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Board of Adjustment
January 26, 2015
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