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