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S BOA 07-20-1993 202 BOARD OF ADJUSTMENT MEETING JULY 20, 1993 The Schertz Board of Adjustment convened Tuesday, July 20, 1993 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The fOllowing members were present: Mayor Earl W. Sawyer, presiding; Joe Potempa; Hal Baldwin; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry R. Sweatt and Deputy City Secretary Norma Althouse. Mayor Sawyer welcomed everyone to the meeting and asked if they would stand and join him in the Pledge of Allegiance. then read a individuals "Eddie's" proclamation recognlzlng for their contribution Room. Those recognized local to fund were as Mayor Sawyer businesses and construction of follows: Schertz Bank and Trust Delk Remodeling Riedel's Furniture Floor Mart Wolfe Nursery U.C. Midas Superior Hardwoods Dover Homebuilders - Gaylord Newman Stone Company ABC Roofing Buell Supply Bexar Insulation Guido Lumber Company Houston Stafford Electric McCoy's Lumber Company H.E.B. Albertson's Domino's Pizza Jack-in-the Box McDonalds Pizza Hut Monarch Paint Connie Brison Mary McAllister Ruth Tienor Delbert Hunt Belva Miffleton Mike Shelper Sylvia Strey #1 BOA HEARING: The purpose of receive citizen comments on a request 209 Westchester Drive, Schertz, Texas, for to the Zoning Ordinance to allow a doll the utility easement behind the property. the hearing is to by Debee Wolfgang, a Special Exception house to remain in Mayor Sawyer asked if anyone was present to speak about this request. Debee Wolfgang was at the meeting. Mayor Sawyer asked if the doll house is on piers and when told it is, suggested the City request that it be put on skids. Mayor Sawyer explained to Debee Wolfgang the risk involved if the City approves this request. The utility companies can come through the easement if they need to for repairs and tear down the doll house at Ms. Wolfgang's expense. Ms. Wolfgang related she is aware of the risk and then produced a letter from GVEC giving her permission to leave the doll house where it is at this time. However, if circumstances arise whereby the buried cable has to be repaired or replaced, l.,' '"'jr , , GVEC will attempt house immediately. reached, GVEC will assume no liability to notify Ms. Wolfgang to remove the doll If for some reason Ms. Wolfgang cannot be remove the doll house from the easement and for any damage. Mr. Sweatt advised that twenty-four notices were mailed to property owners within 300 feet. Of the twenty-four, two were returned as undeliverable, one return was opposed to the request and nine returns were in favor of it. Mrs. Marsh isn't that ordinance easement. questioned that if the doll house is on piles, considered permanent, and if so, isn't there an against building a permanent structure in an Mr. Sweatt replied it is considered permanent when it's on piers and that was the purpose of the request. Mr. Sweatt went on to say that a member of the Staff had called Debee Wolfgang this week and asked her to put the doll house on skids. Ms. Wolfgang related she has no objection to putting it on skids, but this has already been a considerable expense to her. Ms. Wolfgang further stated she has very limited space in her yard and the doll house was built for her children so they could play in their own yard while they're younger. When they get older, it will be removed. Mr. Sweatt expressed concern that someone may need to get through the easement and pointed out it would be so much easier if someone could pull the doll house out of the way rather than having to destroy it. Debee Wolfgang remarked that GVEC had informed her they hadn't had to get through the easement for repair in the last twenty-two years. Mrs. Marsh asked Debee WOlfgang if she was aware she needed a permit to build the doll house. Ms. there filed. Wolfgang replied she was not aware, and also did not know was such a thing as an easement until the complaint was Mr. Baldwin remarked it's the precedent that worries There have been lots of requests in the past and lots of have been turned down. Maybe there should be a time established. him. them limit Ms. Wolfgang commented that her patio and four trees are also in the easement. Mrs. Marsh added that also a corner of Ms. Wolfgang's house is in the easement. Mr. Baldwin noted he has no problem with the request if Ms. Wolfgang would take the doll house off the piers and put it on 204 skids. Ms. Wolfgang was asked how many years she expects to leave the doll house in its present location and she replied probably anywhere from 5-7 years. Mr. Greenwald stressed that this easement services the south side of Gettysburg Drive and that along with GVEC, Southwestern Bell and Paragon Cable also have lines in the easement. Mr. Greenwald wondered what liability the City incurs by allowing the easement to be blocked. One of Ms. Wolfgang's neighbors spoke up at this time saying she has no problem with this request. Mr. Baldwin asked if there's also a fence in the easement and was told by Mr. Greenwald yes there is, but it is collapsible. There were no further questions. #2 Consider and take action on the above request by Debee Wolfgang for a Special Exception to the Zoning Ordinance. Mrs. Marsh moved to approve the request from Debee Wolfgang, 209 Westchester Drive, Schertz, Texas, for a Special Exception to the Zoning Ordinance to allow a doll house to remain in the utility easement behind the property, provided there is a five year limitation to the approval. Mr. Baldwin seconded the motion saying if Ms. Wolfgang, sometime in the next five years, takes the doll house off piers and puts it on skids, then the Council will reconsider and allow the doll house to remain in the easement indefinitely. Mr. Sweatt suggested the motion be amended to include the statement by Mr. Baldwin that if the doll house, sometime in the next five years, is taken off piers and put on skids, the Council will reconsider and allow the doll house to remain in the easement indefinitely. Mrs. Marsh so moved and Mr. Baldwin seconded the amended motion which carried as follows: AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald NAYS: None Mayor Sawyer closed the first Board of Adjustment hearing at 7:20 p.m. #3 BOA HEARING: The purpose of the hearing is to receive citizen comments on a request by Kerry R. Gilbert and Associates, on behalf of Wheatstone Development Corpor- ation, for two Special Exceptions to the Zoning Ordinance: 20S A. Front yard setback reduction from 25' to 20' B. Side yard setback reduction from 15' to 10' Mr. Sweatt, noting this was a joint notice of a BOA and of a public hearing on a zoning request, advised that seventy-two notices were mailed to property owners within 300 feet. Of the seventy-two, one was returned as undeliverable, two returns were opposed to the request and three returns were in favor of it. Mr. Jim Box, Senior Vice-President of the Mischer Corporation (parent company of Dover Homes), and representative for Wheatstone Development, spoke at this time regarding the two special exceptions. As far as the requested exception to the front yard setback, Mr. Box indicated they would rather see excess land in the back yard because that's where children play. As for the requested side yard exception, Mr. Box said it is pretty common for houses to be ten feet apart. Don McCrary, local engineer for the project, described the location as 86.6 acres of land, proposed to be known as Dove Meadows Subdivision, which is located north of Borgfeld Road and east and south of Dietz Road. This land was originally part of the Silvertree Subdivision. Mr. Sweatt inquired if the side yard setback will be from the overhang or from the footprint. Both Mr. Box and Mr. McCrary indicated they would feel safer saying it is from the footprint. Mr. Box indicated you will see it both ways in Woodland Oaks. Mr. Baldwin stated he has no problem with the front yard setback, but he does have a problem with the side yard setback. It seems it would be a safety hazard in case of fire. Mrs. Marsh asked if there are other subdivisions with similar side yard setbacks and was informed by Mr. Sweatt there is a similar situation in Savannah Square. Mrs. Marsh commented she would like to know for sure if the setback is from the footprint or from the overhang. Jim Box assured Mrs. Marsh he is talking about it from the footprint, so that will be the request. Mayor Sawyer asked for questions from the citizens present. Sue McBride of 1205 Cedarwood admitted she has a problem the ten foot side yard setback. Ms. McBride thinks they requesting it so they can crowd in more houses and she against it. with are is Carla Gault of 1509 Greenwood pointed out there is amount of side yard setback between the original Silvertree. When she moved into Silvertree, understood it was all supposed to be one community a decent houses in Ms. Gault and now it 206 ----------. is being blocked off by another subdivision. Ms. stressed she is against the ten foot side yard setback should be fifteen feet. Gault it Felix Radovan of 1217 Cyrus McCormick inquired about the twenty-five foot distance from the street curb to the footprint. Mr. Sweatt explained the difference between the request for the front yard setback exception and the request for the side yard setback exception saying the distance from the street curb to the footprint would be thirty feet. Mr. Radovan then proclaimed he felt ten feet would be too short of a distance for the side yard setback. Fay Simmons of 1216 Cyrus McCormick objected to the ten foot side yard setback and said it is important to know where they are measuring from. Ms. Simmons mentioned she had moved to Schertz for the quality of life and the environment and feels the City should move slowly in approving new development and look at the total impact. Iris Mosley of 1213 Cyrus McCormick informed the Council she is against building that many houses in that small of an area. Sue McBride of 1205 Cedarwood remarked on the parking of cars in the street because of shorter driveways in the cul-de-sacs and Mr. Sweatt informed Ms. McBride her driveway should still be at least thirty feet long from the curb. Ms. McBride then reminded the Council they should be considering Silvertree in these requests, and not worry about what they're doing in Woodland Oaks and Savannah Square. Mr. Box assured the citizens present that this is not a fly-by-night developer and he feels Dove Meadows will be a place where people will be proud to live. Mr. Box further stated only three out of ten floor plans require a ten foot side yard setback, the houses will be anywhere from 1700 to 2400 square feet, they will be at least three fourths brick, the prices will range from $76,000 to $126,000, there will be a private park and a public park, and there will be hike and bike trails. Referring to the park land, Mr. Potempa asked if that isn't a requirement of the ordinance and Mr. Box replied yes it is, and they are donating in excess of the land required for parks. There will be a private park and a public park. Sue McBride of 1205 Cedarwood spoke again saying if the side yard exception is granted, you are giving them carte blanche to build all the houses with only a ten foot side yard setback. There was some discussion on the walking path along the drainage easement and whether or not it would be available to the Silvertree residents as well as to the residents of Dove Meadows. Mr. Box pointed out it is a public easement. 207 Felix Radovan environmental had not been somewhere and of 1217 Cyrus McCormick questioned if impact study had been done and was told no, done. Mr. Radovan observed the water has to there will be additional traffic on FM 3009. an one go Mr. Box indicated that FM 3009 is being widened and the drainage for Dove Meadows is adequate. Mr. Sweatt pointed out this is a Board of Adjustment hearing on the two Special Exception requests and there is a difference between that and a public hearing on a zoning change. Also, there are preliminary and final plans a developer must submit before building commences and a developer must meet all the necessary codes before building. Mr. Baldwin noted that the drainage ditch behind Silvertree was designed to withstand ultimate build out of the area. Sue McBride of 1205 Cedarwood questioned if the school is prepared for 300 new homes and was assured by Mayor they are well prepared. system Sawyer Mrs. Marsh expressed concern about the footprint versus the overhang and maintaining an orderly, neat appearance. Mr. Baldwin said his concern is that he can't conceive of someone paying over $100,000 for a house and wanting to be only ten feet from a neighbor. Mr. Baldwin then questioned the possibility of maintaining a fifteen foot front yard setback in the front portion of the subdivision and allowing the ten foot setback in the area beyond the drainage ditch. Don McCrary was asked how many lots are in the front portion and replied there are sixty-three. There were no further questions. #4 Consider and take action on the above request by Kerry R. Gilbert and Associates for two Special Exceptions to the Zoning Ordinance. Mrs. Marsh moved that in regard to the request by Kerry R. Gilbert and Associates, on behalf of Wheatstone Development Corporation, for two Special Exceptions to the Zoning Ordinance, that all those houses in Dove Meadows Subdivision in the area directly adjacent to Silvertree Subdivision, back to the drainage ditch, be required to have a fifteen foot side yard separation between homes. Those houses on the other side of the greenbelt/drainage ditch be granted an exception allowing them to have a ten foot side yard separation between homes. Also included in her motion, Mrs. Marsh stated that the request for an exception to the front yard setback from twenty-five feet down to twenty feet be granted for all houses 2()~ in Dove Meadows. Mr. Baldwin seconded the motion which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald NAYS: None #5 ADJOURNMENT: There being no further business to come before the Board of Adjustment, Mayor Sawyer declared the meeting adjourned at 8:10 p.m. o ~~~tZA~~}--/ Earl W. Sawyer, Ch~'~an Board of Adjustmen~'" ATTEST: ~~ Norma Althouse, Deputy city Secretary