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BOA 6-27-16BOARD OF ADJUSTMENT MINUTES June 27, 2016 The Schertz Board of Adjustment convened on June 27, 2016 at 6:00 P.M. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT CITY STAFF Richard Dziewit, Chairman Lesa Wood, Director Planning & Community Devel. David Reynolds, Vice Chairman Bryce Cox, Senior Planner Frank McElroy Channary Gould, Planner I Earl Hartzog Emily Grobe, Planner I Tiffany Danhof, Executive Asst. BOARD MEMBERS ABSENT OTHERS PRESENT Dani Salas Ryan Madsen, Business Manager for Cibolo Creek Reginna Agee Municipal Authority 1. CALL TO ORDER/ROLL CALK, Mr. Dziewit called the regular meeting to order at 6:02 P.M. and recognized members present. 2. SEAT ALTERNATE TO ACT IF REQUIRED Not required. 3. PUBLIC HEARING: A. BOA2016 -003 Hold a public hearing, consider and act upon a request for a variance to UDC Article 5, Section 21.5.7.B — Dimensional Requirements from the required 100 -foot lot width to permit a 60 -foot lot width in the Public Use zoning district on an approximately 28 acre tract of land out of the G. Malpez Survey No. 67, Abstract No. 464, City of Schertz, Bexar County, Texas, and being generally located at the intersection of Authority Lane and Schaefer Road. Mrs. Gould presented a request by Cibolo Creek Municipal Authority for a variance to UDC Article 5, Section 21.5.7.B — Dimensional Requirements from the required 100 -foot lot width the proposed Lot 1, Block 1 of the OJR RWRP Subdivision. The request is for a proposed lot that would be 60 feet wide due to existing site constraints. The public hearing notice was published in "The Daily Commercial Recorder" on June 9, 2016 and in the "Herald" on June 15, 2016. There were fourteen (1 4) notices mailed to surrounding property owners on June 9, 2016. At the time of the staff report one (1) response was received indicating opposition to the requested variance. The existing wastewater treatment facility is on approximately 30 acres that is accessed from Schaefer Road onto Authority Lane. CCMA submitted a preliminary plat application to establish a legal lot of record so they could expand and make new improvements to the wastewater treatment facility. The portion of the lot that narrows to approximately 60 feet is constrained by existing lots on both sides of the subject site that are owned by private parties and beyond the control of CCMA. Staff recommended Approval of BOA 2016 -003. The request for a variance complies with the approval criteria for granting a variance. Minutes Board of Adjustment June 27, 2016 Page 1 of 4 Mr. Madsen, the Applicant, Business Manager for Cibolo Creek Municipal Authority, noted that he is available for any questions or to address any concerns. Mr. Dziewit opened the Public Hearing. Mr. Richard Moore, 11425 Moonlight Meadow, asked if the agenda item would affect his property and if someone was taking his property. Mr. Steve Layton, 12231 Lost Meadows, had questions and concerns on the clarity of the mailed notice. Ms. Clare Layton, 12231 Lost Meadows, commented that the notice provided was not clear and that she is in favor of the variance. She also commented that there was no information provided about this item on the City's website. Mr. Darrell Drouillard, 11721 Moonlight Meadows, asked why the plat was not taking access on Lisa Meadows as that would not require a variance for access. Mr. Jose Farias, 11731 Moonlight Meadows, wanted to have answers to the questions asked before he provided support or opposition to the request. Mr. Dziewit closed the Public Hearing. Mr. Cox explained that the variance request was needed because of the limited amount of frontage on Schaffer Road. He further explained that this request did not physically affect other properties and was limited only to the land owned by CCMA. Mr. Ryan Madsen gave a brief presentation about the planned expansion of the wastewater treatment facility. Mr. Hartzog asked what the state law was for minimum lot frontage. Mr. Cox responded that lot frontage is determined based on the zoning codes which are established by the City Council. Mrs. Wood commented that state law does require that all lots have access. Mr. Dziewit asked why there was not more information provided to the surrounding home owners. Mr. Cox responded that staff recommendations for cases are not published until the agenda and staff reports are published. There was additional discussion relating to City noticing requirements and what property was affected by this request. Mr. Hartzog moved to approve this item. Mr. McElroy Seconded the motion. The vote was unanimous. Motion carried. B. BOA2016 -004 Hold a public hearing, consider and act upon a request for a variance to UDC Article 9, Section 21.9.8.B.2.b. - Prohibited Materials, in order to permit barbed wire on an approximately 1 acre tract of land out of the G. Malpez Survey, Abstract No. 221, City of Schertz, Guadalupe County, Texas, and being generally located on FM 78 approximately 1650 feet east of the intersection of FM 3009 and FM 78. Minutes Board of Adjustment June 27, 2016 Page 2 of 4 Mrs. Gould presented a request for a variance to UDC Article 9, Section 21.9.8.B.2.b Prohibited Materials in order to permit barbed wire atop of chain link fence around an existing wastewater lift station facility. The request is to construct a new 6 -foot chain link fence with three- strand barb wire on top around the relocated lift station. Public hearing notice was published in "The Daily Commercial Recorder" on June 9, 2016 and in the "Herald" on June 15, 2016. There were three (3) notices mailed to surrounding property owners on June 9, 2016. At the time of the staff report no responses had been received. The Dietz Creek Lift Station currently is surrounded by an existing 6- foot high chain link fence with three - strand barb wire on top of the fence. Due to the unique circumstances of the site being located in the floodplain and the TECQ requirement for intruder proof fencing, staff recommended approval of BOA 2016 -004. The request for a variance complies with the criteria for granting a variance. Mr. Madsen, the Applicant, Business Manager for Cibolo Creek Municipal Authority, noted that he was available to address any questions or concerns. Mr. Dziewit opened the Public Hearing. No requested to speak. Mr. Dziewit closed the Public Hearing, Mr. Hartzog asked if CCMA will be platting the property. Mr. Cox responded that CCMA is working with City Staff to plat the lift station lot. Mr. Dziewit asked if the proposed, fencing was similar to the existing fencing. Mr. Madsen responded that it was the same. Mr. Reynolds moved to approve this item. Mr. Hartzog Seconded the motion. The vote was unanimous. Motion carried. 4. PRESENTATION:. A. Follow -up discussion on City of Schertz 2016 Strategic Plan. Mr. Cox gave a brief presentation on the 2016 Strategic Plan and asked if there were any follow up questions or comments regarding the 2016 Strategic Plan. Discussion followed between the Board, and staff, related to what went into creating the strategic plan, SWOT analysis, and providing updates to the Committee of Committee Advisory Board. 5. ANNOUNCEMENTS A. Announcements by Members • There were no announcements by the Board Members. B. Announcements by City Staff ®. There were no announcements by City Staff, 6. ADJOURNMENT Minutes Board of Adjustment June 27, 2016 Page 3 of 4 The meeting adjourned at 6:45 P.M. Chairma , Board of A' stment Minutes Board of Adjustment June 27, 2016 Page 4 of 4 Recordi e retary, City of Sch Utz