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BOA 6-25-18The Schertz Board of Adjustment convened on June 25, 2018 at 6:00 P.M. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Richard Dziewit, Chairman Earl Hartzog Reginna Agee Ricky Haynes BOARD MEMBERS ABSENT David Reynolds, Vice Chairman Danielene Salas Frank McElroy CITY STAFF Brian James, Interim City Manager Lesa Wood, Director of Planning & Community Dev. Tiffany Danhof, Executive Assistant Bryce Cox, Senior Planner Emily Grobe, Planner I John Perry Jr., Fire Marshal Kade Long, Fire Chief Kyle Mc Affee, Assistant Fire Chief Dudley Wait, Executive Director Ernest Spadling, Corporal Environmental Law Enforcement Habib Erkan, City Attorney OTHERS PRESENT Henry & Debra Martinez, Resident Ms. Judi A Marinelli, Resident David & Sharon Collins, Resident Pedro & Sally Macias, Resident Mr. Dziewit called the regular meeting to order at 6:26 P.M. and recognized members present. "111103".1 will' I IIN No! .1,1011 ..IN Ricky Haynes was seated as a full voting Board Member for this meeting. Minutes for the May 21, 2018 Regular Meeting. Mr. Hartzog moved to approve the consent agenda with the correction that Brian James be added to City Staff attendance. Mrs. Agee seconded the motion. The vote was 4-0. Motion carried. BOA2018-002 A request for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Buildings, Uses and Structures, in order to permit a structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3788 Pebble Beach, City of Schertz, Comal County, Texas. Minutes Board of Adjustment June 25, 2018 Pagel of Ms. Grobe gave a presentation to the Board, indicating that the request was for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Building to allow an accessory structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3788 Pebble Beach. She indicated that there is no requirement to pull a permit with the City of Schertz due to the size of the shed, being under the one hundred twenty square feet, but the shed is required to comply with the applicable City regulations. She explained the locations of the shed on the property by showing photographs and the survey. Ms. Grobe indicated the public hearing notice was published in San Antonio Express on June 6, 2018, a total of twenty seven notices were mailed to surrounding property owners on June 7, 2018. She commented that four responses received were in favor, four responses opposed, and one neutral to the request. Fire Marshal Perry introduced himself and explained that distance between structures is crucial to fire dispersion, he indicated distance buys time when it relates to fire emergencies. He explained setback issues, and provided information on the fire retardant materials proposed by the applicant. Fire Marshal Perry indicated that the proposed shed material is fire retardant, not fireproof, and that the fire retardant paint starts to degrade after being applied. The accessory structure using the proposed products needed to have routine maintenance to stay fire retardant. Fire Marshal Perry indicated that this does not eliminate the need for accessibility for emergency services. He commented that the best way to prevent fire spread is distance. Ms. Grobe added in addition to the life safety concerns the separation distance is for aesthetic purposes. Staff determined that by not having the separation it did not negatively impact the adjacent properties in a significant way. She explained that city staff reviewed the proposed variance request, and it does violates the UDC specifications, Staff recommended denial of BOA 2018-002. Mr. Dziewit opened for the applicant to speak. Debbie Martinez - 3788 Pebble Beach — Indicated that the proposed variance was requested due to living on a golf course, and the shed location was approved by the HOA to abide by the HOA requirements of not obstructing the view of the golf course. She commented that she was not aware the shed was in violation until receiving a notice from the City of Schertz. She expressed concern that there are potentially other neighbors that have sheds that are in violation, and opposed to the case by case violation notification process. Mr. Dziewit opened the public hearing at 6:44 P.M. Steve Smart - 6086 Cover Cove - Indicated that he requested a similar shed for his property, and by doing the research was notified that the proposed location was in violation of the city's requirements. He indicated that residents are responsible for checking into HOA requirements and the city code of ordinances. Glen Outlaw — 3729 Forsyth Park — Indicated that he is a retired Fire Marshal for the City of Schertz, he believes the resident installed the accessory building in good faith and the issue is putting their neighbors in a fire hazard risk. He applauded the proposed alternatives to the fire requirements, and indicated that he is not fond of the paint, but the sheet rock material is used widely in commercial structures. The difference is that the commercial industry is periodically inspected by the Fire Department. There is no requirement for up keep inspections for these particular residential Minutes Board of Adjustment June 25, 2018 Page 2 of 8 sheds. Tvh-. Outlaw indicated that there is a twenty foot distance between homes that is required within the City of Schertz. He mentioned that he feels that is not enough distance between homes based on his experience of being a fire fighter. He provided clarified on the difference between a fire rated garage and accessory buildings. He indicated that the issue with this requested variance is the concern with fire prevention. Mr. Dziewit closed the public hearing at 6:50 P.M. Mr. Dziewit opened the discussion for Staff and Board Members Mr. Haynes had a question regarding how the applicant was notified for the violations, and how City of Schertz; was made aware of the accessory structures. Staff responded and explained the process. Mr. Hartzog had a question regarding how long the ten foot separation requirement had been in place in the City of Schertz. Staff responded that the requirement was part of the zoning ordinance that had been in place since 1979. Mr. Hartzog moved to deny the variance. Mrs. Agee seconded the motion. The vote was 4-0. The variance request was denied. BOA2018-003 A request for a variance to UDC Article 8, Section 21.8.2.0. & D. Accessory Buildings, Uses and Structures, in order to permit a structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3761 Pebble Beach, City of Schertz, Comal County, Texas. Ms. Grobe gave a presentation to the Board, indicating that the request was for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Building to allow an accessory structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3761 Pebble Beach. She indicated that there is no requirement to pull a permit with the City of Schertz due to the size of the shed being under the one hundred twenty square feet, but the shed is required to comply with the applicable City regulations. She explained the location of the shed on the property by showing photographs and the survey. Ms. Grobe indicated that the public hearing notice was published in San Antonio Express on June 6, 2018, and a total of nineteen notices were mailed to surrounding property owners on June 7, 2018. She commented that nine responses received were in favor, two responses opposed, and zero neutral to the request. Fire Marshal Perry and explained that distance between structures is crucial to fire dispersion, he indicated distance buys time when it relates to fire emergencies. He explained setback issues, and provided information on the fire retardant materials proposed by the applicant. Fire Marshal Perry indicated that the proposed shed material is fire retardant, not fire proof, and that the fire retardant paint starts to degrade after being applied. The accessory structure using the proposed products needed to have routine maintenance to stay fire retardant. Fire Marshal Perry indicated that this does not eliminate the need for accessibility for emergency services. He commented that the best way to prevent fire spread is distance. Ms. Grobe added in addition to the life safety concerns the separation distance is for aesthetic purposes. Staff determined that by not having the separation it did not negatively impact the adjacent Minutes Board of Adjustment June 25, 2018 Page 3 of 8 properties in a significant way. She explained that city staff reviewed the proposed variance request, and it does violates the UDC specifications. Staff recommended denial of BOA 2018-003. Mr. Dziewit opened for the applicant to speak. Richard Leon — 3761 Pebble Beach — Indicated that he thought he did the right thing with going to the HOA and that they approved the request because it was not obstructing the view of the golf course. He indicated that in this particular case there is enough room for a fire fighter to extinguish a fire if needed. He indicated concern if garages in the neighborhood are up to code for fire retardant material. Mr. Leon wanted on record that he received a letter from a neighbor indicating that the shed was placed in violation knowingly. Mr. Leon indicated that the shed was not placed in violation intentionally, but that he had followed the HOA guidelines and approval Mr. Dziewit opened the public hearing at 7:04 P.M. Glen Outlaw— 3729 Forsyth Park — Indicated that this particular request for a variance bothered him the most, because it was the closet to the neighbor's property. Mr. Dziewit closed the public hearing at 7:05 P.M. Mr. Dziewit opened the discussion for Staff and Board Members, Mr. Hartzog indicated that the applicant asked questions regarding the fire rated material and requested for staff to answer them. Fire Marshal Perry explained that the Inspection Department evaluates new residential construction, and performs inspections and that there are codes within the International Residential Code that the city has to abide by regarding fire rating on garages and the interior of the a particular home being inspected. As to the question on the upkeep issues, Fire Marshal Perry indicated that staff cannot speak for what is inside the home. Mr. Dziewit asked the question regarding Mr. Outlaw noting the distance between the shed and the neighbor's property. Fire Marshal Perry explained the distance from the neighbor's property and the requested variance on the shed in the photographs. Mr. Haynes asked the question regarding fire rated protection sheet rock for interior homes, installation, and what the requirements are. Fire Marshal Perry explained the ways that the sheet rock has to be installed or the material that meets the needs to be fire rated. Mr. Hartzog asked the applicant when was the shed constructed and when did the HOA approve the location. The applicant noted it was mid-January, 2018. Mrs. Agee moved to deny the variance. Mr. Hartzog seconded the motion. The vote was 4-0. The variance request was denied. BOA2018-004 A request for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Buildings, Uses and Structures, in order to permit a structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3717 Columbia Drive, City of Schertz, Comal County, Texas, Minutes Board of Adjustment June 25, 2018 Page 4 of 8 Ms. Grobe gave a presentation to the Board, indicating that the request was for a variance to UDC Article 8, Section 21.8.2.0. & D. Accessory Building to allow an accessory structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3717 Columbia Drive. She indicated that there is no requirement to pull a permit with the City of Schertz due to the size of the shed being under the one hundred twenty square feet, but the shed is required to comply with the applicable City regulations. She explained the location the shed on the property by showing photographs and the survey. Ms. Grobe indicated that the public hearing notice was published in San Antonio Express on June 6, 2018, and a total of twenty three notices were mailed to surrounding property owners on June 7, 2018. She commented that seven responses received were in favor, one responses opposed, and zero neutral to the request. Fire Marshal Perry explained that distance between structures is crucial to fire dispersion, he indicated distance buys time when it relates to fire emergencies. He explained setback issues, and provided information on the fire retardant materials proposed by the applicant. Fire Marshal Perry indicated that the proposed shed material is fire retardant, not fire proof, and that the fire retardant paint starts to degrade after being applied. The accessory structure using the proposed products needed to have routine maintenance to stay fire retardant. Fire Marshal Perry indicated that this does not eliminate the need for accessibility for emergency services. He commented that the best way to prevent fire spread is distance. Ms. Grobe added in addition to the life safety concerns the separation distance is for aesthetic purposes. Staff determined that by not having the separation it did not negatively impact the adjacent properties in a significant way. She explained that city staff reviewed the proposed variance request, and it does violates the UDC specifications. Staff recommended denial of BOA 2018-004. Mr. Dziewit opened for the applicant to speak. David Collins — 3717 Columbia — Mr. Collins commented that the applicants requesting the variances have done right things as law abiding citizens. He requested that justice be enforced equally to each citizen, and to have sufficient workers to enforce this law equally. If this is not possible the city should reexamine the ordinance. He showed a photograph of a shed possibly being not in compliance and requested to have the address checked to see if a permit was issued at 5709 Tuckatoe. Mr. Collins also requested that the current Fire Department meet with him to provide statistic regarding fires starting in a shed. Mr. Dziewit opened the public hearing at 7:19 P.M. Larry Mooney — 3721 Columbia Drive — He respects the opinion of the Fire Department regarding the concern of the requested variance at 3717 Columbia. He noted that his residence is on the other side of the shed in question, and is concerned with this. He has been a resident at 3721 Columbia Drive since 2006, he has noticed turnover of property owners and the maintenance that the property owners have for their property. Mr. Mooney noted that since Sharon & David Collins moved into the neighborhood the part of neighborhood that he lives in has been enhanced sufficiently. Steve Smart - 6086 Cover Cove — Indicated that there are fine neighbors that keep up with the property within the neighborhood. He explained that this is a transitory community, and what is neatly kept today, could possible change later. He noted that his concern is that the property would not be taken care of and be more of a fire hazard. Minutes Board of Adjustment June 25, 2018 Page 5 of 8 Mr. Dziewit closed the public hearing at 7:24 P.M. Mr. Dziewit opened the discussion for Staff and Board Members. Mr. Hartzog asked a question towards a comment noted by the applicant regarding the statistic regarding fires starting in the location of a shed located in the City of Schertz. Fire Marshal Perry noted he did not have those results. Fire Marshal Perry did indicate that the Fire Department looked back to January, 2015 and within that time frame the city had four structure fires that involved accessory structures. He did mentioned that there were others outside of the City of Schertz, and could not give full information regarding those particular fires, because they were not in the City of Schertz jurisdiction. Mr. Hartzog asked the applicant when the shed was constructed and when did the HOA approve the location. The applicant noted it was mid-January, 2018. Mr. Haynes asked the applicant how he came to know that the City of Schertz had a requirement of ten foot and three foot separation distances. The applicant noted he went to the HOA and to Tuff shed to find out what the requirements were. He noted that he assumed and did not do further research with the City of Schertz because no one noted that he needed to communicate with the City of Schertz. Mr. Dziewit asked the question based on the information that the City has received, are the requirements being stressed to the HOA. Ms. Grobe mentioned that the City has made an update on the website regarding the requirement for shed installation, additionally the City can reach out to the HOA. The applicant and the City Attorney had a discussion regarding the zoning regulation with the HOA and the City of Houston. Mr. Hartzog moved to deny the variance. Mrs. Agee seconded the motion. The vote was 4-0. The variance request was denied. BOA2018-005 A request for a variance to UDC Article 8, Section 21.8.2.0. & D. Accessory Buildings, Uses and Structures, in order to permit a structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3777 Pebble Beach, City of Schertz, Comal County, Texas. Ms. Grobe gave a presentation to the Board, indicating that the request was for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Building to allow an accessory structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3777 Pebble Beach. She indicated that there is no requirement to pull a permit with the City of Schertz due to the size of the shed being under the one hundred twenty square feet, but the shed is required to comply with the applicable City regulations. She explained the location of the shed on the property by showing photographs and the survey. Ms. Grobe indicated that the public hearing notice was published in San Antonio Express on June 6, 2018, and a total of eighteen notices were mailed to surrounding property owners on June 6, 2018. She commented that six responses received were in favor, five responses opposed, and one neutral to the Minutes Board of Adjustment June 25, 2018 Page 6 of 8 request. Fire Marshal Perry explained that distance between structures is crucial to fire dispersion, he indicated distance buys time when it relates to fire emergencies. He explained setback issues, and provided information on the fire retardant materials proposed by the applicant. Fire Marshal Perry indicated that the proposed shed material is fire retardant, not fire proof, and that the fire retardant paint starts to degrade after being applied. The accessory structure using the proposed products needed to have routine maintenance to stay fire retardant. Fire Marshal Perry indicated that this does not eliminate the need for accessibility for emergency services. He commented that the best way to prevent fire spread is distance. Ms. Grobe added in addition to the life safety concerns the separation distance is for aesthetic purposes. Staff determined that by not having the separation it did not negatively impact the adjacent properties in a significant way. She explained that city staff reviewed the proposed variance request, and it does violates the UDC specifications. Staff recommended denial of BOA 2018-005. Mr. Dziewit opened for the applicant to speak. Pedro Macias — 3777 Pebble Beach - The applicant noted he went to the HOA and to Tuff shed to find out what the requirements were and was just aware of the HOA restriction to avoid obstructing the view of the gulf course and was not aware of the City of Schertz ordinance requirements. When notified of the violation, Emily Grobe, was informative on what the next step would be for applying for a variance request. He is concerned that this has divided the neighborhood, because of the miscommunication from the HOA, and what the other neighbors expressed on the aesthetics appearance. Mr. Macias asked if the City of Schertz ordinance over rules the HOA requirements. Ms. Grobe explained that the City has ordinances and the HOA can create more restrictive regulations, but the City ordinances would still be in effect. Mr. Dziewit opened the public hearing at 7:43 P.M. Steve Smart - 6086 Cover Cove — He wanted to reiterate that residence are responsible for checking into HOA requirements and City code ordinances. Mr. Dziewit closed the public hearing at 7:46 P.M. Mr. Dziewit opened the discussion for Staff and Board Members. Mr. Dziewit added clarification that the UDC code requirement are what the City can enforce, and the HOA may have additional requirements other than what the City has in the UDC. Ms. Grobe agreed. Mr. Hartzog asked to see the map identifying the location of resident responses for the variance. Staff placed it on the projector for him to review. He commented that the safety of the families that are affected by this accessory structure and the board commitment to enforce these regulations aligns with what was presented by City Staff. Mr. Hartzog moved to deny the variance. Mrs. Agee seconded the motion. The vote was 4-0. The voted was denied. Minutes Board of Adjustment June 25, 2018 Page 7 of 8 WINNEEKTOMOMONZYMIN iF A. Announcements by Members Mr. Hartzog announced that he went to last Committee of Committees Advisory Board and indicated that is in the member's packet. He commented that the meetings will be changing to every 3rd month. Mr. Hartzog requested confirmation from the Board Members so there is a quorum meant for the meetings. B. Announcements by City Staff Mrs. Wood announced to have a great 4h July. Mr. Cox explained that there will be a meeting next month regarding education for the Board Members and will notify them when the training would be presented to them after getting the notification from the attorney. I I I I The meeting adjourned at 7:51 P.M. Chap "man, Board of Adjnsfment Minutes Board of Adjustment June 25, 2018 Page 8 of 8