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BOA 06-22-2015BOARD OF ADJUSTMENT MINUTES June 22, 2015 The Schertz Board of Adjustment convened on June 22, 2015 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Frank McElroy, Chairman Earl Hartzog Reginna Agee Dani Salas BOARD MEMBERS ABSENT Richard Dziewit, Vice Chairman David Reynolds 1. 2. 4 5. 6. CALL TO ORDER/ROLL CALL CITY STAFF Michelle Sanchez, Permit Expeditor Lesa Wood, Senior Planner Bryce Cox, Planner I Patti White, Executive Asst. of Development OTHERS PRESENT Nina Prado, Brown & Ortiz Mr. McElroy called the regular meeting to order at 6:20 P.M. and recognized members present including Ms. Dani Salas, the new alternate member of the Board. RECOGNITION /OATH OF APPOINTED COMMISSIONERS Ms. Wood stated that Mr. McElroy and Ms. Agee were reappointed along with the new alternate member, Ms. Dani Salas. Ms. Wood issued the oath of office to Mr. McElroy, Ms. Agee and Ms. Salas. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. McElroy stated that the election take place when the Board has a full attendance. SEAT ALTERNATE TO ACT IF REQUIRED Mr. McElroy seated Ms. Salas as a voting member. CONSENT AGENDA A. MINUTES FOR JANUARY 26, 2015 REGULAR MEETING Mr. Hartzog moved to approve the minutes as presented. Ms. Agee seconded the motion. Vote was 4 -0. Motion carried. PUBLIC HEARING: A. BOA 2015 -001 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 Minutes Board of Adjustment June 22, 2015 Page 1 of 3 711 FM 3009. B. BOA 2015 -002 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 fagade on the ground level floor, in order to permit a twenty six percent (26 %) coverage of windows and doors on the entire fagade on the ground level floor at 711 FM 3009. Mr. McElroy opened the Public Hearing at 6:25 P.M. Mr. McElroy stated that he would like to consider both 6A and 4B concurrently. Mr. Cox presented item 6A 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. Lc 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.H.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 6B 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 fapade, 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 June 3, 2015 and in the "Herald" on June 10, 2015. There were ten (10) notices mailed to surrounding property owners on June 2, 2015. At the time of this meeting, two (2) responses were 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, August 25, 2014 and January 26, 2015. 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 variances will expire on July 25, 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') Minutes Board of Adjustment June 22, 2015 Page 2 of 3 7. 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. The 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. Staff recommends approval of both BOA 2015 -001 and BOA 2015 -002. Mr. McElroy asked why the Board has heard these items six times before. Nina Prado, representing the Applicant, stated that they were under the impression that they would be pulling for permits by October 2015, but there were just made aware that the timeline is now two years (May 2017), but this is not unique and the timeline could be pushed up and would like to keep the variances valid. Mr. McElroy asked if there is anything that has changed since the last time application. Ms. Prado stated that nothing has changed other than their timeline. Ms. Wood stated that the site plan has not changed, but will expire in 2017. Mr. McElroy closed the Public Hearing at 6:35 P.M. Mr. Hartzog moved to approve the request for a variance for BOA 2015 -001 and BOA 2015 -002 to vote concurrently. Ms. Agee seconded the motion. Vote was 4 -0. Motion carried. REQUESTS AND ANNOUNCEMENTS A. Announcements by Members Mr. Hartzog asked if changes to the UDC regarding Design Standards would be heard before the Board. Mr. Cox stated that we do want your input and you could attend the workshop at the P &Z Commission meeting on Wednesday, June 24, 2015. B. Announcements by City Staff Ms. Wood stated that next week is 4th of July and please attend the festival and have a happy and safe 4th. ADJOURNMENT The meeting adjourned at 6:40 P.M. *a' n, Board of Adjustment Minutes Board of Adjustment June 22, 2015 Page 3 of 3 Recording Secretary, City of Schertz