05-22-2017 BOA Agenda w associated documentsSCHERTZ BOARD OF ADJUSTMENT
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
1. CALL TO ORDER / ROLL CALL
3. CONSENT AGENDA:
A. Minutes for the March 27, 2017 Regular Meeting.
4. PUBLIC HEARING:
The Board of Adjustment will hold a public hearing related to variance requests within this agenda. The public hearing will be opened to
receive a report from staff, the applicant, and the adjoining property owners affected by the applicant's request, and any other interested
persons. Upon completion, the public hearing will be closed. The Board will discuss and consider the application, and may request
additional information from staff or the applicant, if required. After deliberation, the Board will act on the applicant's request.
A. BOA201.7 -003
Hold a public hearing, consider and act upon a request for a variance to UDC Article 9, Section
21.9.5.E.2, Exterior Building Materials, in order to allow for metal as a primary finish material for the
electrical equipment shelter of the proposed off -site lift station for the Homestead Subdivision. The
site is zoned Planned Development District and is located at 1450 Schwab Road, City of Schertz,
Comal County, Texas.
5. ANNOUNCEMENTS:
A. Announcements by Members
• City and community events attended and to be attended
• Continuing education events attended and to be attended
B. Announcements by City Staff
• City and community events attended and to be attended
• Continuing education events attended and to be attended
• April 19, 2017: Committee of Committee Advisory Board Meeting Summary
Board of Adjustment May 22, 2017 Page 1 of 2
CERTIFICATION
I, Emily Grobe, Planner of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin
boards on this the 19th day of May, 2017 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice
was posted in accordance with chapter 551, Texas Government Code.
Em4y GYCTTTPi
Emily Grobe, Planner
I certify that the attached notice and agenda of items to be considered by the Schertz Board of Adjustment was removed from
the official bulletin board on day of , 2017.
title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special
assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting.
The Board of Adjustment for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to
discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any
Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the
meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has
been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is
conducted by all participants in reliance on this opinion.
Board of Adjustment Page 2 of 2
May 22, 2017
BOARD OF ADJUSTMENT MINUTES
March 27, 2017
The Schertz Board of Adjustment convened on March 27, 2017 at 6:00 P.M. at the Municipal. Complex,
Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
BOARD OF ADJUSTMENT
Richard Dziewit, Chairman
David Reynolds, Vice Chairman
Earl Hartzog
Reginna Agee
Frank McElroy
I :T•7� .7 7u 1 �1►l l :3 �1.7.y\ 3.y �1►Y 11
1.
3.
4.
CITY STAFF
Brian James, Executive Director Development
Bryce Cox, Senior Planner
Tiffany Danhof, Executive Assistant
Emily Grobe, Planner I
Channary Gould, Planner I
Simmonds,
Wayne Pruski, SCUCISD
James Moore, ''Marmon Mok Archi
CALL TO ORDER/ROLL CALL:
Mr. Dziewit called
SEAT ALTERNATE, TO AC'
No alternate was seated as a Bc
CONSENT AGENDA:
Minutes for the January 25. 20
Mr. Hartzog moved to
Motion carried.
Estate Inc.
members present.
Me
2, 2016, June 27, 2016, July 25, 2016 and October 24, 2016
this item. Mr. Reynolds seconded the motion. The vote was 5 -0.
BOA2017 -001
Hold a public hearing, consider and act upon a request for a variance to UDC Article 11, Section
21.11.13.H Electronic Signs Location Restrictions, in order to permit an electronic sign closer than
150 feet from a residentially zoned property at 17148 IH -35, City of Schertz, Guadalupe County,
Texas.
Mr. Dziewit opened the public hearing at 6:02 P.M.
Ms. Grobe presented a request for a variance to UDC Article 11, Section 21.11.13.H Electronic Signs
Location. Restrictions, in order to permit an electronic sign no less than 1.17 feet from the nearest
Minutes
Board of Adjustment
March 27, 2017
Page 1 of 3
residentially used or zoned property at 17148 IH -35. Ms. Grobe indicated that the applicant is
requesting a variance to the required minimum 150 -feet of separation between an electronic sign and
the nearest residential use or zoned property. Due to the 146 -foot length of the subject property, the
minimum separation that is required between an electronic sign and residential use is not achievable.
Staff recommended approval of BOA 2017 -001. The request for a variance complies with the
approval criteria for granting a variance.
Royce Simmonds with Simmonds Real Estate, thanked staff for their assistance on the sign variance.
Mr. Simmonds mentioned his company's background and the importance of the sign for their
business. Mr. Simmonds also mentioned that the sign will be 4 feet shorter than the building in
height.
There were no additional comments from the public.
Mr. Dziewit closed the public hearing at 6:12 P
Mr. Reynolds noticed a discrepancy on the
Grobe indicated that the height was change
what was going on the sign. Ms. Grobe ind
resubmit a new diagram with correct measi
questioned if there were any other signs lik
one on IH -35 with lights.
Mr. McElroy moved to
carried.
BOA2017 -002
Hold a public
21.5.7.B Dime
that exceed 35
Mr. Dziewit opened the
iagram showing the sign at 22
from 22 feet to 18 feet and thi
ated that if the variance is app
ements with the permit applica
this in the area. Mr. Simmonds
this item. Mr.
feet not 18 feet. Ms.
s diagram was to show
roved, the applicant will
tion. Mr. Dziewit
indicated yes, there is
The vote was 5 -0. Motion
act upon a, request for a variance to UDC Article 5, Section
Ton- Residential Zoning Districts, in order to permit structures
ublic Use zoning district, located at 1001 Elbel Road, City of
6:16 P.M.
Mrs. Gould presented a request for a variance to UDC Article 5, Section 21.5.7.B Dimensional
Requirements, Non - Residential Zoning Districts, in order to permit structures with a maximum .
height of 56 feet at the Samuel Clemens High School, located at 1001 Elbel Road, which exceeds the
current height allowance of 35 feet in the Public Use zoning district. The request is for a portion of a
new auditorium /theater building that is proposed to be approximately 56 feet in height and a new fine
arts /gym building that is proposed to be approximately 43 feet in height. Mrs. Gould indicated that
the applicant currently has plans submitted to the City for proposed renovations that include adding
new parking areas, improvements to the existing buildings, and constructing new structures,
including a new auditorium/theater building and a new fine arts /gym building that are both proposed
to exceed the 35 -foot height limit that is allowed in the Public Use zoning district. Staff recommends
approval of BOA 2017 -002. The request for a variance complies with the approval criteria for
granting a variance.
James Moore and Wayne Pruskie indicated the reasoning for the requested height variance is that the
stage height is proposed at 20 feet and the back stage loft area (where the scenes raise and lower)
Minutes
Board of Adjustment
March 27, 2017
Page 2 of 3
needed to exceed the stage height.
There were no additional comments from the public.
Mr. Dziewit closed the public hearing at 6:25 P.M.
Mrs. Agee asked about the height of the existing Beard Gym. Mr. Moore indicated it is 36 feet in
height. Mr. Hartzog and Mr. Dziewit asked about height restrictions throughout the City for different
zoning districts. Mrs. Gould indicated that residential zoning districts are limited to 35 feet, the
public use zoning district is 35 feet, and non - residential allows up to 120 feet in height. Mr. Hartzog
asked if there is going to be a sprinkler system installed. Mr. Moore indicated yes.
Mr. Reynolds moved to approve this item. Mr.
Motion carried.
5. ANNOUNCEMENTS:
A. Announcements by Members
• Mr. Hartzog thanked Mr. Reynolds for the
Committees meeting. Mr. Dziewit indicated
volunteer from the Board of Adjustments for th
meetings. Mr. Reynolds indicated that he enj
informative. Mr. Dziewit agreed with Mr. ,Rey
the items that are discussed during the meeting
filling that position and if you are interested to l
Dziewit thanked staff for the presentation.
B. Announcements by Ct
• ' Mr. Cox indicated
month on April 18`h
6. ADJOURNMENT
The meeting adjourned at 6:
S
at the North S
Chairman, Board of Adjustment
Minutes
Board of Adjustment
March 27, 2017
Page 3 of 3
the motion. The vote was 5 -0.
formation regarding the Committee of
it they are looking for new members to
- ommittee of Committee Advisory Board
ed the meetings and that they are very
Ids and explained in more detail some of
Mr. Cox, indicated that staff will help on
ase contact the Planning Department. Mr.
to °`Go meeting will be the third Tuesday of next
orthcliffe Community Center.
Recording Secretary, City of Schertz
TO: Board of Adjustment
1. . . 17 , W,11Mt�i #TOVFT=I-
CASE:
BOA 2017 -003 — Homestead Lift Station — Building Material
REQUEST: The property owner is requesting a variance to UDC Article 9, Section 21.9.5.E.2, Exterior Building
Materials in order to permit metal as the primary exterior building material for an electrical equipment shelter for
the proposed off -site lift station for the Homestead subdivision.
PUBLIC NOTICE: The public hearing notice was published in the "San Antonio Express News" on May 3,
2017. There were five (5) notices mailed to surrounding property owners on May 3, 2017. At the time of this
staff report one (1) response in favor and zero (0) responses opposed or neutral to the request have been
received.
ITEM SUMMARY: The property owner is proposing to construct a 9' high by 18'3" in length electrical
equipment shelter. This shelter is to be used in conjunction with the proposed sewer lift station located on the
same property being established for the residential subdivision Homestead. This sewer lift station is being
proposed and constructed by MFP Realty, LP. This sewer lift station will ultimately be dedicated to and
maintained by the City of Schertz.
SUBJECT PROPERTY GENERAL LOCATION ZONING AND LAND USE:
The property is located approximately 1000 feet southwest of the intersection of IH 35 Frontage Road and
Schwab Road, specifically at 1450 Schwab Road.
Existing Zoning
Existing Use
Planned Development District— Homestead
Undeveloped
N&e Z I III ► ItIrkel ► 11 ► -lR
I.
CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, In order to make a finding of
hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does violate the intent of this UDC or its amendments;
The variance does not violate the intent of the UDC or its amendments because the intent of Section
21.9.5.E.2.a Exterior Building Materials is to provide an aesthetically pleasing appearance as well as
ensure sound construction quality. The applicant is proposing a metal electrical equipment shelter for
the sewer lift station at the Homestead subdivision. The proposed electrical equipment, shelter, and
sewer lift station will ultimately be given to the City for continued maintenance and upkeep. The
proposed metal would provide a more appropriate building material than the required masonry due to
the ease of maintenance and durability. Additionally, the material will not be visible from public view
because of the 8' masonry wall that is to be constructed around the entire lift station property.
2. Special conditions of restricted area, topography or physical features do not exist that are
peculiar to the subject parcel of land and are not applicable to other parcels of land in the same
zoning district;
This variance is a request due to the special circumstances particular to the subject property. The
property is currently owned by MFP Realty, LP with the intensions to be a sewer lift station that will be
turned over to the City of Schertz after the lift station is servicing the residential subdivision,
Homestead. Due to the proposed use of a lift station there are unique requirements imposed to have
increased durability, decreased maintenance as well as sanitary items.
3. The hardship is in no way the result of the applicant's own actions; or
The proposed use of metal for the electrical equipment shelter is in order to provide an easier to
maintain facility when the lift station is dedicate to the City. Due to the requirement to have a lift station
to serve the Homestead development there is a hardship in order to conform to the UDC's material
requirements while providing a facility that will be durable and more easily maintainable. The hardship
is not due to the applicants own actions but rather the need to have a lift station to serve the adjacent
Homestead subdivision.
4. The interpretation of the provisions in this UDC or any amendments thereto would not deprive
the applicant of rights commonly enjoyed by other properties in the same zoning district that
comply with the same provisions.
STAFF ANALYSIS STAFF RECOMMENDATION:
Staff recommends approval of BOA 2017.003. The request for a variance does comply with the approval
criteria for granting a variance as presented above.
iN
Existing Zoning
Existing Use
North
General Business
Undeveloped
South
Planned Development District - Homestead
Undeveloped
East
Right -of -Way
Schwab Road
West
Planned Development District - Homestead
Undeveloped
CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, In order to make a finding of
hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does violate the intent of this UDC or its amendments;
The variance does not violate the intent of the UDC or its amendments because the intent of Section
21.9.5.E.2.a Exterior Building Materials is to provide an aesthetically pleasing appearance as well as
ensure sound construction quality. The applicant is proposing a metal electrical equipment shelter for
the sewer lift station at the Homestead subdivision. The proposed electrical equipment, shelter, and
sewer lift station will ultimately be given to the City for continued maintenance and upkeep. The
proposed metal would provide a more appropriate building material than the required masonry due to
the ease of maintenance and durability. Additionally, the material will not be visible from public view
because of the 8' masonry wall that is to be constructed around the entire lift station property.
2. Special conditions of restricted area, topography or physical features do not exist that are
peculiar to the subject parcel of land and are not applicable to other parcels of land in the same
zoning district;
This variance is a request due to the special circumstances particular to the subject property. The
property is currently owned by MFP Realty, LP with the intensions to be a sewer lift station that will be
turned over to the City of Schertz after the lift station is servicing the residential subdivision,
Homestead. Due to the proposed use of a lift station there are unique requirements imposed to have
increased durability, decreased maintenance as well as sanitary items.
3. The hardship is in no way the result of the applicant's own actions; or
The proposed use of metal for the electrical equipment shelter is in order to provide an easier to
maintain facility when the lift station is dedicate to the City. Due to the requirement to have a lift station
to serve the Homestead development there is a hardship in order to conform to the UDC's material
requirements while providing a facility that will be durable and more easily maintainable. The hardship
is not due to the applicants own actions but rather the need to have a lift station to serve the adjacent
Homestead subdivision.
4. The interpretation of the provisions in this UDC or any amendments thereto would not deprive
the applicant of rights commonly enjoyed by other properties in the same zoning district that
comply with the same provisions.
STAFF ANALYSIS STAFF RECOMMENDATION:
Staff recommends approval of BOA 2017.003. The request for a variance does comply with the approval
criteria for granting a variance as presented above.
iN
Planning Department Recommendation
X Approve as submitted
Approve with conditions*
Denial
* While the Board can impose conditions; conditions should only be imposed to meet requirements of the UDC.
Attachments:
Aerial location map
Public hearing notice map
Additional Exhibits Provided by Applicant
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CASE NUMBER - BOA2017-
Board of Adjustment may grant variances or modifications of height, yard, area, coverage, parking
regulations, accessory building and non-conforming use subject to making a finding of hardship that the
variance meets all four of the following criteria. State how your request meets these conditions.
Description of variance request:
Request for a Variance to the Unified Development Code, Article 9, Section 21.9.5.E.2, Exterior
Building Materials for Office/ Public Buildings, from the required materials as listed, to allow
for metal as a primary material for the electrical control panel and roof shelter inside the 81
masonry perimeter fence. The Engineering Department selected a Sand color coating for the
metal sheathing to better blend in with the color of the perimeter fence and the surroundings.
1. Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of
right commonly enjoyed by other properties in the same zoning district that comply with the same
provisions?
Dyes XNo
Explain: Granting this Variance does not violate the intent of the UDC to provide a long lasting durable
structure. The utilization of a metal electrical shelter structure for the electrical equipment is utilized at the
Cypress Point server lift station located 2,500' form this facility. The metal is durable and non-porous and
requires no maintenance. The masonry building would also have a metal roof structure, which is die only
part of this structure that can be seen above the eight foot masonry wall around the perimeter of the facility.
So regardless of the material that the structure is made of, you would see the metal roof one foot above
the perimeter fence.
2. 1 Do special conditions or restricted area, shape, topography, or physical features exist that are irregular to the
subject parcel of land and not applicable to other parcels of land in the same zoning districts?
Xyes ❑No
Explain: This building is not an Offtce,,and is not a building that the general public will enter. This facility
will be turned over to the City of Schertz, therefore the input of City Staff members carry sway. The City
Engineer supports the use of the metal materials for this electrical shelter structure and a Development
Permit was issued for this facility with the metal electrical shelter specified on 8-24-16.
3. Is the hardship the result of the applicant's own actions or intended for financial interest?
Dyes XNo
Explain: A Development Permit was issued by the City of Schertz Engineering Department on 8-24-16 with
a metal electrical shelter structure. We were under the impression that the Development Permit was the
only Permit needed to construct the facility. We were not made a-,vare that a Building Permit was
required until 2-28-17. The requirement for the electrical shelter structure to be of a masonry material
came up during the Building Permit Plan Check. The metal specified for the electrical shelter structure is
durable, non-porous and cleans easily and is utilized in the construction of other sewer lift stations in the
area.
4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the
vicinity?
DYes XNo
Explain: No. The Variance if so granted would not be detrimental to public welfare or injurious to property values.
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