10-28-2019 BOA Agenda with Associated DocumentsOctober 28, 2019
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ VALUES
Do the right thing
Do the best you can
Treat others the y you t to treat
Work 0 rativly as a team
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This time is set aside for any person who wishes to address the Board ofAdjustment. Each person should fall out
the Speaker's register prior to the meeting. Presentations should be limited to no more than three (3) minutes.
Discussion by the Board of any item not on the agenda shall be limited to statements of specific factual
information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a
proposal to place the item on a future agenda. The presiding officer; during the Hearing of Residents portion of
the agenda, will call on those persons who have signed up to speak in the order they have registered.
4. CONSENT AGENDA:
A. Minutes for the July 8, 2019 Regular Meeting.
5. 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, 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.
Board of Adjustment October 28, 2019 Page 1 of 2
A. BOA2019 -002 — A request for a variance to UDC Section 21.9.8.A Fences and Screening in
Residential Areas, in order to allow a fence in the front yard that exceeds the maximum height
allowable and is constructed of opaque material, located at 4709 Shady Lane, City of Schertz,
Guadalupe County, Texas.
6. 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
• Committee of Committees Advisory Board September 18, 2019 . Meeting Summary
7. ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Emily Delgado, Senior Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the
official bulletin boards on this the 25th day of October, 2019 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.
Emily Delgado, Senior 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 , 2019. 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 October 28, 2019 Page 2 of 2
•
TO: Board of Adjustment
PREPARED BY: Emily Delgado, Senior Planner
SUBJECT: Minutes for the July 8, 2019 Regular Meeting.
Attachments
July 8, 2019 Board of Adjustment Draft Minutes
DRAFT
BOARD OF ADJUSTMENT MINUTES
July 8, 2019
The Schertz Board of Adjustment convened on July 8, 2019 at 6:00 p.m. at the Municipal
Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
Present: Chair Richard Dziewit; Vice Chair David Reynolds; Board Member Earl Hartzog; Board
Member Frank McElroy; Board Member Ricky Haynes
Absent: Board Member Reginna Agee; Board Member Danielene Salas
City Brian James, Assistant City Manager; Emily Delgado, Planner; Tiffany Danof, Executive
Staff: Assistant; Nick Koplyay, Planner
1. CALL TO ORDER / ROLL CALL
Mr. Dziewit called the meeting to order at 6:01 P.M.
2. SEAT ALTERNATE TO ACT IF REQUIRED
Mr. Haynes was seated as an alternate.
3. CONSENT AGENDA:
A. Minutes for the February 4, 2019 Regular Meeting.
There was no discussion.
Motioned by Board Member Frank McElroy, seconded by Vice
Chair David Reynolds to approve the consent agenda,
Vote: 5 - 0 Passed
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, 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. BOA2019-001 — A request for a variance to the Verde Enterprise
Business Park Planned Development District, Ordinance No.
07-S14A, and the 1996 Unified Development Code, Ordinance No.
96-S-28, in order to permit additional wall signs, larger wall signs,
and larger letters/logos on wall signs, located at 16895 IH-35, City of
Schertz, Guadalupe County, Texas.
Mr. Dziewit opened the public hearing at 6:09 P.M.
No one spoke.
Mr. Dziewit closed the public hearing at 6:10 P.M.
There was a brief discussion.
Motioned by Board Member Frank McElroy, seconded by Board
Member Ricky Haynes to approve BOA 2019-001
Vote: 5 - 0 Passed
5. ANNOUNCEMENTS:
A. Announcements by Members
• City and community events attended and to be attended
*Continuing education events attended and to be attended
There were announcements by members.
B. Announcements by City Staff.
• City and community events attended and to be attended
• Continuing education events attended and to be attended
There were no announcements by city staff.
1. Committee of Committees Advisory Board Meeting summary for
March 20, 2019 through June 19, 2019 included in the Board of
Adjustment Packet.
Mr. Dziewit adjourned the regular meeting at 6:15 P.M.
Chairman, Board of Adjustment Recording Secretary, City of Schertz
•
TO: Board of Adjustment
PREPARED BY: Emily Delgado, Senior Planner
CASE: BOA 2019 -002
SUBJECT: BOA2019 -002 — A request for a variance to UDC Section 21.9.8.A Fences and
Screening in Residential Areas, in order to allow a fence in the front yard that exceeds
the maximum height allowable and is constructed of opaque material, located at 4709
Shady Lane, City of Schertz, Guadalupe County, Texas.
Owner / Applicant: Timothy M. Clark
REQUEST
Date
October 2, 2019
PUBLIC NOTICE:
Application Type
Original Submittal
The public hearing notice was published in the "San Antonio Express" on October 9, 2019. There were 17
notices mailed to surrounding property owners on October 7, 2019. At the time of this staff report, staff
has received zero (0) responses in favor, opposed, or neutral to the request.
ITEM SUMMARY:
On July 31, 2019 . the Planning and Community Development, Inspections Division issued a fence permit
for 3673 Diamond Falls to Cams Custom Construction on behalf of Timothy Clark. The submitted
Building Permit Application indicated a privacy fence totaling a length of 250 linear feet for a residential
property was being requested.
It was brought to staff s attention that a fence was being constructed on 4709 Shady Lane within the Live
Oak Hills Subdivision instead of 3673 Diamond Falls. It was then determined that permit number 192453
issued for 3673 Diamond Falls was intended to be for a fence at 4709 Shady Lane.
During the staff investigation of the permit it was determined that the fence permit was issued in error
based on the incorrect address provided on the permit application. During a routine inspection it was
determined that a six (6) foot fence was constructed along the property line of 4709 Shady Lane. Based on
the exhibits submitted with the building permit the proposed fence height nor location could not be
determined. Chief Building Official Gil Durant, had a conversation with Cams Custom.
Construction which indicated that the fence had been constructed on 4709 Shady Lane and was six (6)
feet in height along the entire perimeter of the property.
Ultimately a six (6) foot high solid wooden privacy fence was constructed at 4709 Shady Lane. The
Building Permit Application was submitted by Cams Custom Construction for 3673 Diamond Falls and
the fence height was not identified, a survey was submitted for 4709 Shady Lane the correct property.
Inspections staff did not identify the error in the building permit application address versus the submitted
survey or the height and location of the proposed fence.
Per Unified Development Code Article 9, Section 21.9.8. A No fence, screen, or wall shall exceed eight
feet (8) in height. No fence, screen, or wall within a required front yard shall exceed four feet (4) in
height. Fences constructed in the front yard shall be non - opaque, decorative fences and shall not interfere
with the sight visibility triangle as required by this UDC or any other applicable City ordinances, codes
or regulations.
Based on this Unified Development Code section the constructed six (6) foot high wooden privacy fence
in the front yard of 4709 Shady Lane is in violation due to:
1. The constructed fence exceeds the allowed four (4) feet in the front yard due to being built adjacent
to Shady Lane Right -of -Way, a non - constructed street; and
2. The fence, which is constructed of solid wood, is opaque.
The requested variance is to allow the constructed fence to remain as is with no alterations based on the
issued permit.
SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING:
The property is located at 4709 Shady Lane and is currently undeveloped.
Existing Zoning Land Use
Single - Family Residential (R -2) Undeveloped
Land Use
Home (Applicants Home)
Right -of -Way; Roadway not constructed
According to Unified Development Code (UDC), Article 3, Section 21.3.4.8, 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 the UDC or its amendments;
The requested variance does violate the UDC based on the maximum allowable fence height and material
allowed in the front yard of a residential property. However, based on the properties conditions of being
adjacent to undeveloped properties with no current City services (water or sewer), and being located at
the terminus of Shady Lane a non - constructed street, and being located directly adjacent to Tim Clarks
residential property the constructed fence height and material poses minimal impact on the adjacent
undeveloped properties. The purpose for the installation of the fence was to extend Tim Clark's backyard
at his residential home at 3673 Diamond Falls.
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
The subject property does not have any special conditions that would not be applicable to other properties
currently zoned Single Family Residential (R -2) zoned properties. However, the Live Oak Hills
Subdivision, although a platted subdivision does not have public infrastructure (water, sewer, sidewalks,
and paved roadways) that similar platted subdivisions have installed. The subject property is at the
terminus of Shady Lane and directly adjacent to the rear of Tim Clarks residential property and City of
Schertz owned properties.
3. The hardship is partially the result of the applicant's own actions; or
Although Cams Custom Construction erred in submitting an application with the incorrect property
address resulting in the issuance of the permit. Ultimately, Inspections staff did not identify the error in
the building permit application address versus the submitted survey or the height and location of the
proposed fence. The fence was then constructed with the approved permit and was later determined to be
in violation due to the oversight by staff. If City staff had corrected the permit address and determined that
the proposed fence was to exceed the maximum height in the front yard and be opaque before the permit
was issued there would be no hardship nor the need for a variance to allow the excess height and material
allowance in the front yard.
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 AND RECOMMENDATION:
Staff recommends approval of BOA2019 -002. The requested variance complies with the criteria for
granting a variance as presented above. Additionally, based on the subject properties' location, and
surrounding properties, allowing the front yard fence height to remain as constructed (6' and opaque)
poses minimal to no impact.
Planning Department Recommendation
Attachments
4709 Shady Lane Aerial Map
200' Notification Map
Issued Fence :Permit: 3673 Diamond Falls
SHADY LN TROY LN 4,
(32143) (32153) X11
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5,
SHADY LN . S TROY LN
(32142) (32154)
SHADY LN
(321 3'4j
SHADY LN TROY LN
RIO LN (32141) (32155)
(32125) SHADY
(32135)
TROY LN
SHADY LN (172922)
RIO LN (32140)
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SCH"HEIRTZ CD
COMMUNITY* SERVICE* OPPORTUNITY
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CIW OF SCHER
FENCE PERMIT
THIS FORM WAS PRINTED ON: 7/31/2019 fr-
CITY OF SC HERTZ
I 91.1t 1:0*1919 00�iciLgllfl
NOTICE
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED Is NOT COMMENCED WITHIN 6
MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME
AFTER WORK IS STARTED.
1. PERMITS ARE NON-TRANSFERABLE
fipWCE OF A PERMIT DOES NOT PRESUME TO IVE AUTHORITY TO VIOLATE OR CANCEL
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INSPECTION REQUESTS MUST BE RECEIVED BY 6:00 AM.
ANY REQUEST RECEIVED AFTER 6:00 AM WILL BE PERFORMED THE NEXT BUSINESS DAY,
IC7
Bu1Id1 qD9p'6hWtft6�p"entative— UA--TE
EXPIRES:
1/27/2020
PROJECT ADDRESS:
3673 DIAMOND FALLS
SUBDIVISION:
LOT #:
BLK #:
ON AGENT:
CAMS CUSTOM CONSTRUCTION
CONTRACTOR:
CAMS CUSTOM
CONSTRUCTION
ADDRESS
1111 HWY 78
ADDRESS:
1111 HWY 78
CITY
MARION
CITY:
MARION
STATE
Tx
ST:
TX
ZIP:
78124
ZIP:
78124
PHONE:
830-730-6244
PHONE:
PROP.USE
SO FT
0
WORK:
INSTALL PRIVACY FENCE
OCCP TYPE:
VALUATION:
$ 0.00
CNST TYPE:
FEE CODE
DESCRIPTION
AMOUNT
FENCE
FENCE PERMIT
$ 50.00
TOTAL $ 50.00
CONDITIONS:
NOTICE
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED Is NOT COMMENCED WITHIN 6
MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME
AFTER WORK IS STARTED.
1. PERMITS ARE NON-TRANSFERABLE
fipWCE OF A PERMIT DOES NOT PRESUME TO IVE AUTHORITY TO VIOLATE OR CANCEL
6 i fok i • 1 •
wil olig-1:414 =mg ask
INSPECTION REQUESTS MUST BE RECEIVED BY 6:00 AM.
ANY REQUEST RECEIVED AFTER 6:00 AM WILL BE PERFORMED THE NEXT BUSINESS DAY,
IC7
Bu1Id1 qD9p'6hWtft6�p"entative— UA--TE
PLANNING & COMMUNITY DEVELOPMENT
INSPECTIONS DIVISION
1400 SCHERTZ PARKWAY, BLDG. #1
SCHERTZ, TEXAS 78154-1634
(210) 619-1750, FAX (210) 619-1769
EMAIL: inspecdons0schenz.com
----------- - ---
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FOR DEPARTK
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THIS SURVEY Is
A CKNOWLEDGED mo
IS ACCEPTED.